Schoolgirl’s plight puts authorities in a spot

9 February 2013 02:31 am

Justice Ministry Secretary Kamalini De Silva yesterday faulted the police and the acting Magistrate with regard to the unfortunate incident where a 13-year-old schoolgirl was produced in court by the Horana Police on charges of having stolen eight coconuts.

The teenager was later granted bail on a Rs.50,000 surety

Ms. De Silva said that in the first place the girl should have been referred to the Mediation Board instead of being produced in Court.

“The law says that if the accused is a minor (aged 18 or less) and the case productions is worth Rs.5,000 or less, the matter should have necessarily be referred to the Mediation Board and this has not happened here which is unfair to the girl,” she said.It was alleged that the girl had stolen the coconuts to find the Rs.800 asked for by her school authorities to colour wash the classroom. She had done so as her parents were poor and unable to find the money.
Ms. De Silva said the Mediation Board Act was amended about two years ago to include this clause and it appears that the Police and the Magistrate might have been unaware about this amendment.  

“However, the Police have been educated on the matter and it was sad that the girl was produced in courts and released on bail,” Ms. De Silva said.

Meanwhile, police spokesman Prishantha Jayakody said according to section 367 of the Code of Criminal Procedure, the case could not be referred to the Mediation Board as the girl had committed an offence for which police bail could not be given.

Mr. Jayakody blamed the media for giving “out of proportion publicity” to the incident.

Meanwhile, government media spokesman and Minister Keheliya Rambukwella said the case was discussed in the cabinet on Thursday and President Rajapaksa instructed Education Minister Bandula Gunawardana to conduct an inquiry.The minister said the teachers and the principals cannot ask students to pay for painting classrooms.

“We cannot take action against school authorities as it is a matter dealt by the Public Service Commission (PSC). There are instances where the PSC crosses our path when we attempt to take disciplinary action against errant public servants,” the minister said.

He the President had directed that justice be done to the girl.( Sandun A. Jayasekera)