KURULU KOOJANA KARIYAKARAWANA 
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Motorist with rare diabetic condition seeks justice
In a bizarre turn of events a motorist who is suffering from a rare diabetic condition has been falsely convicted in a breathalyzer test that became positive at the Kirindiwela Police is seeking justice as he had not touched alcohol for the past ten days at the time of the arrest, the Daily Mirror learns.
A 57-year-old resident of Radawana, who is a graphic artist by profession, came to Kirindiwela Town in his vehicle on Thursday, January 2nd afternoon to buy provisions with his wife.
He was soon approached by two traffic police officers who claimed he was under the influence and had checked his breath to find an alcohol smelling odor emanating from his mouth. He was then escorted to the police station and a breathalyzer test was ordered to which the motorist had responded that he had not touched a glass of liquor since December 24th.
The forced breathalyzer test by the police had however become positive to the utter amazement of the motorist who had insisted on referring him to a Judicial Medical Officer (JMO) but the police had denied. He was then released on police bail and ordered to appear before the Pugoda Magistrate Courts on January 7th.
The distraught motorist Chula Bandara Banneheke told the Daily Mirror that he had then taken a blood alcohol sample on the following day to find it negative and several other important tests to learn that he was suffering from a rare diabetic condition.
A medical profession had told him that high blood sugar (hyperglycemia), particularly in uncontrolled diabetes, can lead to the production of ketones. When cells cannot effectively use glucose due to insulin resistance or lack of insulin, the body begins to break down fat for energy, leading to ketone production. This can result in diabetic ketoacidosis (DKA), a dangerous condition with high blood sugar and high ketone levels. The high ketone levels could also create acetone, a formula which could be detected similar to that of alcohol in a breathalyzer test.
Lawyers representing senior criminal lawyer Ajith Pathirana appeared for the defendant at the Pugoda Magistrate Courts, where the Magistrate patiently listened to the elaborated account of the medical analysis by the attorneys and then provided the option to plead not guilty if the suspect is not satisfied with the police inquiries. However, the motorist had pleaded guilty owing to the tremendous stress and financial expenses he already had to undergo and resulted in his driving license suspended for three months and imposed a fine of Rs.25, 000.
Attorney Ajith Pathirana told the Daily Mirror that police not referring the motorist to a JMO is a clear violation of the law and a blood alcohol test should have been done immediately. He said possible legal grounds are there for the victim to seek further legal action against the injustice done to him.
When contacted Deputy Minister of Health and Mass Media Dr. Hansaka Wijeyamuni told the Daily Mirror that rare medical conditions could tamper with the common police breathalyzer test and give wrong results, by both convicting an innocent victim and setting a bad precedent to the law and society.
He further said that even a recent discussion with Deputy Minister of Transport and Highways Dr. Prasanna Gunasena at the National Transport Medical Institute (NTMI) had focused on the accuracy of the breathalyzer screen test, which is being imported only by a politician turned business tycoon.
The motorist further said that he had lodged a complaint with the Gampaha SSP against the questionable conduct of the Kirindiwela Police and an inquiry is pending. He also said preliminary research done by him had proved similar cases had been reported worldwide, where innocent people have been tested positive in alcohol breathalyzer tests without consuming liquor.
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