The Court of Appeal had reduced the sentence of four years rigorous imprisonment imposed by Kandy High Court Judge Preethi Padman Surasena on H.A. Nihal Kumar Karunartne, the PSD Chief of former President Chandrika Kumaratunga.
The reduced sentence by Court of Appeal was read by Kandy High Court Judge Manilal Waidyaltilleke and the four year term of imprisonment has been reduced to two years, suspended for five years.
The fine of Rs. 50, 000 has remained unaltered.
The Court of Appeal Bench Justice Anil Gooneratne and Justice P.W.D.C.Jayatilleke in the course of the order had stated that the sentence was in accordance with Section 486 of the Penal Code and the accused was sentenced to four years rigorous imprisonment and a fine of Rs. 50,000.
The Court of Appeal said that the offence had taken place 12 years ago, on 20.11.2001.
The order said that the accused - appellant was the Director of the Presidential Security Division (PSD ) and that there was a meeting of the President at Dorammadulla.
The President was due to be present at this meeting. According to the facts revealed at the Kandy High Court the OIC of Hanguranketa was also present at the meeting at Dorammadulla where the President was due to arrive.
It was revealed that there was an exchange of words between the Accused -Appeallent and the OIC. According to the sentence, the Court of Appeal sets out that it was fit case to act on section 303 of the Criminal Procedure Code.
As such the Court of Appeal has varied the sentence of four years Rigorous Imprisonment to two years rigorous imprisonment, suspended to five years.
The Kandy High Court order of Rs. 50,000 remains unaltered.
The Court of Appeal said subject to the varied sentence the appeal is dismissed.
The appeal was argued by Anil Silva PC with Lasitha Chaturange. Senior State Counsel Cheetiya Gooneratne appeared for the Attorney General.
When the order of the Court of Appeal was read at the Kandy High Court Wijeya Wickramarantne PC with Attorney at Law Ms. Geevani Athukorale, who appeared for the Appellant at Kandy High Court were present.
(L.B.Senaratne)