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Vijitha Herath freed from drunken charges

1 June 2016 11:48 am - 21     - {{hitsCtrl.values.hits}}

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Colombo Additional Magistrate Chandana Kalansooriya today acquitted the JVP MP Vijitha Herath from the drunken driving charge in the inquiry conducted against him over the accident that took place on May 30 in the Rajagiriya area.

The Welikada Police had filed three charges against him-reckless driving, not preventing a possible accident and drunken driving.

The Magistrate acquitted the suspect from the third charge, since it was apparently not possible to continue as a proper allegation.

However, the Additional Judicial Medical Officer, K.K. Joozar, had mentioned in his Legal Medical Examination Form that the suspect’s breath, smelled of alcohol at the time of the examination, but the JMO had not mentioned that the suspect was under the influence of alcohol.

The Magistrate considering a precedent, Sumanaratne Vs Borella OIC, stated that it was not sufficient that the ‘breath, smelling of alcohol’ to be regarded as ‘under the influence of alcohol’ to continue with the litigation under the charge of drunken driving.

After pleading guilty to the rest of the charges, the suspect was ordered to pay a Crown Cost of 1500 Rupees over the other charges, for which he was convicted by the Magistrate.

The suspect also agreed to pay Rs. 17,423 to the damaged property of Telecom post in the accident.

Mr. Herath was arrested by the Welikada Police on Monday night, and released on police bail later for crashing onto a telecom post in Rajagiriya. (Shehan Chamika Silva)

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  Comments - 21

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  • romesh Wednesday, 01 June 2016 01:31 PM

    The telephone post only cost 1500???? :P

    Roman Wednesday, 01 June 2016 01:35 PM

    so now we know the nett price of a telephone post! Bdw 1500/- is inclusive VAT right??

    Rom Wednesday, 01 June 2016 01:37 PM

    What ?! Only Rs.1500/=. !!!!! How much dose a light post cost in Srilanka ?

    AR Wednesday, 01 June 2016 01:39 PM

    That's all the punishment?

    ANTON Wednesday, 01 June 2016 02:06 PM

    LABOR CHARGES FOR FIXING A LAMP POST EXCEEDS 3000 RS.

    Independent Wednesday, 01 June 2016 02:22 PM

    Now people can stop talking about his drunkenness. OK, even if he had had a drink it was within limits and accordingly it should not have affected his reaction time. He should not pay anything for the damages as insurance should pay for it and only the excess should be payable by him. People meet with accidents all the time and why make so much of a fuss I do not understand. Accidents do happen!

    Dav Wednesday, 01 June 2016 02:53 PM

    Don't politicise this! 1500/- is the standard fine for the charge. The man didn't try to shy away from going to court. He was dealt with like any ordinary person. If there was more damage to telephone post then State must file a civil action to recover that. The magistrate has no power to levy that! How stupid to think that 1500 was levied as cost of telephone post!

    confused Wednesday, 01 June 2016 02:54 PM

    Is it a standard practice that police bring drink and drive charge against drivers for this type of accident?

    Rasheed Wednesday, 01 June 2016 02:59 PM

    Do not worry, it is the crown cost, Insurance Comapny will pay the actuial cost.

    Ahamed Aswan Wednesday, 01 June 2016 03:03 PM

    Until now I thought JVP have their own policies and They behave in reality themselve but today they proved it They all are same quality people. But I respected him for attending to Court.

    Dilshan Wednesday, 01 June 2016 03:06 PM

    For the ignorant people out there : Rs. 1500 is the crown cost. He had already paid Rs. 17,000 to cover the damages on the day of the accident. Stop tarnishing the image of a decent politician just because he committed a traffic violation (just like 99.9% of drivers in Sri Lanka have).

    panduka Wednesday, 01 June 2016 03:40 PM

    In our countey parliament members law is defferant to common mans law. via DM Android App

    palle Wednesday, 01 June 2016 04:09 PM

    That does not mean he is not drunken during the accident. They haven't done breathalyser tests on the spot and they may be unable to conclude it.

    rnadraj Wednesday, 01 June 2016 04:43 PM

    Very Good. When we break a post it is 40,000/=. When leaders break it is 1,500/= !! Good Y Palana

    kandiah mahen Wednesday, 01 June 2016 09:30 PM

    Arrest and bail a practce of Yahapalanaya....

    kk Wednesday, 01 June 2016 10:41 PM

    same mud plank via DM Android App

    Lawry Wednesday, 01 June 2016 10:56 PM

    What is Crown Cost and compensation for damaged property? Does this not mean that readers comment without reading properly?

    Danny Thursday, 02 June 2016 01:46 AM

    Fine him Rs 500000 put him in jail for 1 year and suspend his license for 5 years.

    Thaya Thursday, 02 June 2016 04:59 AM

    so you believe traffic offence is not a serious issue. Hmm Even after several life lost didn't learn the lessons

    Cobra Thursday, 02 June 2016 06:32 AM

    Apoi, un ehema kolath, mun ehema koranne nehe!

    Reader Thursday, 02 June 2016 07:27 AM

    This is not what i read last evening, DM has managed to enhance the article overnight!!


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