Magistrate says no to record statement at Swiss Envoy’s residence

13 December 2019 01:10 am - 10     - {{hitsCtrl.values.hits}}


Declining the request made by President’s Counsel Upali Kumarapperuma appearing for the Swiss Embassy local staffer to record the remainder of her statement at the Swiss Ambassador’s residence, Colombo Chief Magistrate Lanka Jayarathne yesterday directed the Court that the Embassy and Ambassador’s resident comes under Swiss government’s law.

When the case was taken up in the Colombo Chief Magistrate’s Court, President’s Counsel Upali Kumarapperuma said that his client was not in a suitable health condition to go to the CID and record her statement and requested the magistrate to issue an order to record her statement at the Swiss Ambassador’s residence.

Explaining the legal background to the request, the magistrate directed the Court that the Ambassador’s residence was also taken as a part of the Embassy and the law will be different in those premises.

“The Embassy and Ambassador’s residence comes under Swiss law and there will be different laws to such a request,” the magistrate directed the Court.

The magistrate also noted that the alleged victim could come to the CID to make her statement unless she is having a serious health condition.

While making his submission on behalf of the Attorney General, Senior State Counsel (SSC) Janaka Bandara informed the magistrate that the alleged victim was still in the process of making her statement.

SSC Bandara said that the psychiatrist who checked her mental condition requested to refer the alleged victim to a panel of psychiatrists again before submitting the final report.

Accordingly, the magistrate issued an order to the Chief JMO to take necessary measures to refer the alleged victim to a panel of psychiatrists and constitute a panel for the particular request.

SSC Bandara further informed that by December 16 the CID and the judicial medical officers are trying to conclude her statement recording process.

“Based on the medical findings and investigations, I will provide the comprehensive submission on the matter at the next hearing date,” SSC Bandara informed the magistrate.

Accordingly, the travel ban imposed on Swiss Embassy local staffer, Ganier Banister Francis, was extended till December 17 by the Colombo Chief Magistrate Court.

Making his submission, SSC Bandara further added that there are certain people who are making unethical and harmful statements to the media representing lawyers and that will be a black mark to the history of Sri Lankan law.

He also requested an order from the magistrate to the CID to take necessary action to prevent such situations.

However, the magistrate informed the Court that without submitting specific evidence the Court is unable to issue an order regarding the particular request. (Yoshitha Perera)

  Comments - 10

  • C.K.Lankaputhra. Friday, 13 December 2019 08:35 AM

    The costly Damage is done.

    Lawyer Friday, 13 December 2019 08:43 AM

    By the time the statement is recorded, the abductors would have got asylum in Switzerland or Swaziland!!!

    Kumar, Lawyer Friday, 13 December 2019 08:47 AM

    You can even record a legal statement if possible from the planet Mars. The recorded statement is independent of the country it is recorded from as long as no undue pressure was applied to anyone involved. This Magistrate is very weak in law.

    BuffaloaCitizen Friday, 13 December 2019 10:23 AM

    Pure harassment of a victim while the perpetrators are at large, laughing and licking. Over 20 hours of recording statements but still no perpetrator arrested that too in a location with sheer CCTV coverage.

    dickie bird Friday, 13 December 2019 10:29 AM

    That is not her residence. Her residence should be the place that is registered with the Grama Sevaka and that appear in the Electoral list. Swiss Embassy is shielding her to whisk her away to Switzerland to avoid embarrasment. Swiss are dishonest

    Anmanpan Friday, 13 December 2019 10:54 AM

    Ranil take note, where was statements recorded from Ms. Rajapaksa? Why this disparity in justice in Sri Lanka? Politics?

    Sydney Rider Friday, 13 December 2019 11:56 AM

    Sri lanka should take this case till end. Other countries should not be allowed to meddle with domestic issues and destabilize the country. This is exactly what the embassy is doing. They might have not thought that it will go this far on this path. Now seems like these is only one way out.

    Sunil vijaya Friday, 13 December 2019 12:23 PM

    kick out both swiss ambassador and USA ambassador asap, form the country.

    Yasir Friday, 13 December 2019 01:00 PM

    There are international guidelines when questioning people who have suffered sexual violence. This includes a time gap and sensitivity when dealing with the person. What is seen across media and public is sadly lack of any such considerations.

    Sokrates Friday, 13 December 2019 01:07 PM

    What a unnecessary harassment of the White Van victim. I could record a statement from the victim in 2 hours, which I can say from experience. A forensic examination takes 1 hour. What the CID does here - by order of political crooks - is psycho terror, which is classified as torture. Ever heard of victim protection? Do you think that Switzerland will endure such impertinent treatment? The consequences will ultimately affect the people of Sri Lanka.

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