Dear friends,
The Asian Human Rights Commission (AHRC) has learned that police in Balagolla have deprived a woman of her right to redress and grossly misled a magistrate by presenting the wrong person in court. The woman was run over and severely, permanently injured by a negligent motorcyclist, but because she refused to settle or to accuse the wrong person, her case has been closed.
CASE DETAILS:
Pathiranage Malani Serasinghe (45) was badly injured and knocked unconscious on 15 September 2009 when she was run over by a motorbike. The rider was identified to be a Promod Perera, with Sameera Pathirana as his passenger. All three were taken to Kandy General Hospital, where the accused were released after a day.
Malani was first admitted to the emergency ward and then to ward no 73 until the 20 October, when she was transferred to the rehabilitation hospital in Digana until the 22 December. Though she can now walk with difficulty, at one point doctors told her that she could be permanently paralysed; her ribs were broken, her spine was dislocated and she has lost hearing in her right ear and has trouble using her right hand.
At the Digana hospital on the 15 December the victim was visited by constable No. 57738 from Balagolla police station, who told her that the case had been called that morning, and who served her with summons to appear in court on the 15 January 2010. He then allegedly called Malani into the corridor and instructed her to accept everything that was proposed in court in return for a sum of money. He admitted that he had not arrested or officially questioned the motorcyclist who hit her.
When her case was called at Kandy Primary Court on the 15 January (case No. 22482 of Balagolla) Malani found an unknown person in the accused dock instead of Promod Perera; she told the judge about the mistake and the case was put aside. In the judge’s chambers later that day Malani and her lawyer Gamini Samatunga were allegedly offered a Rs25,000 settlement by the accused and his lawyer, which she and her lawyer rejected. According to Malani, when they appealed to the judge regarding the identity of the perpetrator, the judge became angry and insisted that she accept the settlement. She refused and left the chambers with her lawyer, after which the case was closed.
Malani remembers that a statement was recorded by the police while she was in hospital, and that she was also examined by a Judicial Medical Officer. Neither report has been made available to her or was arranged for the prosecution by police, as is legally mandated. We are also told that the falsely accused person, called Asanka, stood in for Promod because the perpetrator did not have a legally issued driving license or a registered motorcycle, which would leave the culprit open to much stronger penalties along with the charge of grievous harm.
SUGGESTED ACTION:
Please write to the authorities listed below to ensure that the officers who willfully perverted the course of justice are held to account and that the victim’s right to redress is protected.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Balagolla police mislead a magistrate and prepare charges against the wrong person
Name of victim: Pathiranage Malani Serasinghe (45) of 17/1 Arangala Naththaranpotha
Name of alleged perpetrators: Constable No. 57738 and other officers at Balagolla police station, Kandy Division, Central Range (West)
Date of incident: 15 September 2009
Place of incident: Kandy
I am writing to voice my concern regarding the actions of police officers in Balagolla, who I hear have deprived an injured woman of her right to redress and grossly misled a magistrate by presenting the wrong person in court. The woman was run over and severely, permanently injured by a negligent motorcyclist, but because she refused to settle or to accuse the wrong person, the woman’s case has now been closed.
Mrs. Serasinghe was told by doctors that she could be permanently paralysed, after being badly injured and knocked unconscious by a motorbike driven by Promod Perera, with Sameera Pathirana as his passenger. Though she can now walk with difficulty, her ribs were broken, her spine was dislocated, and she has lost hearing in her right ear and has trouble using her right hand. She was hospitalized from 15 September to 22 December.
At Digana Rehabilitation Hospital on the 15 December I am told that the victim was visited by constable no. 57738 from Balagolla police station, who served her with summons to appear in court on the 15 January 2010. He then allegedly instructed Mrs. Serasinghe to accept everything that was proposed in court in return for a sum of money, and admitted that he had not arrested or officially questioned the motorcyclist who hit her.
When her case was called at Kandy Primary Court on the 15 January (case no. 22482 of Balagolla) Mrs. Serasinghe found an unknown person in the accused dock instead of Promod Perera and told the judge of the mistake. In the judge’s chambers later that day Mrs. Serasinghe and her lawyer Gamini Samatunga were allegedly offered a Rs25,000 settlement by the accused and his lawyer. However according to Mrs. Serasinghe, when she and her lawyer rejected the money and appealed to the judge regarding the identity of the perpetrator, the judge became angry and insisted that she accept the settlement. She refused and left the chambers with her lawyer, after which the case was closed.
Mrs. Serasinghe remembers that a statement was recorded by the police while she was originally in Kandy hospital, and that she was also examined by a Judicial Medical Officer. Neither report has been made available to her or was requested and arranged by the police in court, which has not allowed for her injuries to be adequately addressed during the prosecution. Furthermore I am told that the falsely accused person, called Asanka, stood in for Promod because the perpetrator did not have a legally issued driving license or a registered motorcycle, which would leave him open to much stronger penalties. The officers involved have clearly intentionally arranged a misprosecution to reduce the case to a series of minor offences.
I appeal to the Inspector General of Police to take urgent disciplinary action and legal charges against the officers who willfully subverted the judicial process, and for the real perpetrator of Mrs. Serasinghe’s injuries to be held accountable so that her right to redress is protected according to the Sri Lankan constitution and penal code.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Secretary, National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: polcom@sltnet.lk
Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
5.Senior Superintendent of Police (SSP)
Office of the Senior Superintendant of Police
Kandy
SRI LANKA
Fax: +94 81 2233004
Tel: +94 81 2222228
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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
