28 June 2022 12:00 am
By Lakmal Sooriyagoda
A revision application filed by former Akuressa Pradeshiya Sabha Chairman Saruwa Liyanage Sunil, seeking an order to release him on bail has been dismissed by the Court of Appeal.
Saruwa Liyanage was sentenced to 15 years Rigorous Imprisonment by Colombo High Court for allegedly raping an underaged girl (statutory rape) in 2012.
Court of Appeal two-judge-bench comprising Justices Menaka Wijesundera and Neil Iddawala observed that petitioner Liyanage has failed to establish exceptional circumstances which justifies the invocation of the discretionary revisionary jurisdiction of the Court.
The Court of Appeal further observed that the petitioner has been convicted on a severe charge of statutory rape with a significant sentence of fifteen years of Rigorous Imprisonment, and if the impugned order is reversed and the petitioner enlarged on bail, due to the severity of the offence and the level of penalty, there is a risk of the petitioner absconding.
In this application, the petitioner maintained that the conviction of the High Court cannot be sustained as the victim during the High Court trial had categorically denied the petitioner committed rape on her.
The former Pradeshiya Sabha chairman has already filed an appeal seeking the jurisdiction of the Court of Appeal to review and set aside his conviction and the rigorous imprisonment imposed by the High Court on January 17, 2020. The petitioner sought an order to revise Colombo High Court’s order to refuse to grant bail on him. He said the main victim of the case has categorically denied that he committed rape on her and thereby he urged this fact be considered as an exceptional circumstance. The petitioner further said that he is more vulnerable to the corona virus disease (COVID 19) and especially its new variant, as there are many inmates who have tested positive for the virus.
The Attorney General had filed an indictment against the former chairman of the Akuressa Pradeshiya Sabha Saruwa Liyanage Sunil for allegedly raping an underaged girl in Akuressa between May 23, 2012 and July 2, 2012.
President’s Counsel Sarath Jayamanne with Senior Counsel Darshana Kuruppu appeared for the petitioner. Deputy Solicitor General Madhawa Tennakoon appeared for the Attorney General.