Malaka was admitted to the Colombo National Hospital after he was said to have suffered injuries during a brawl with a British couple at a night club on November 1.
Magistrate A.M. Shahabdeen said he would consider bail for Malaka when the case is taken up on November 18 and pointed out that the case was called today so that the police could file the JMO‘s report. Malaka’s Counsel Hemantha Warnakulasuriya PC told the Magistrate that Malaka was remanded so as to to produce him at an identification parade. He said his client was prepared to admit in court under Section 420 of the Criminal Procedure Act by way of an affidavit that he was at the nightclub when the incident took place and as such Malaka need not be produced at an identification parade and could be released on bail because it was a bail-able offence.
Counsel Jayantha Weerasinghe PC also appearing for Malaka said his client was the victim in this incident. It was Malaka who had made the first complaint and that the foreigners had not made a police complaint nor had they taken treatment for any injuries. He said it was ridiculous to see Malaka who was the victim made out to be the suspect. Counsel said the offence could be compounded and he could be released on bail.
Counsel Avendra Rodrigo appearing for the British couple said the suspect had sexually harassed the Scottish woman and this allegation could not be compounded by mediation.
He said the boyfriend had intervened when his girlfriend was being harassed by a habitual offender. He said the two foreigners were tourists and they were under reasonable fear that their lives were in danger.
The Counsel said they feared that this would end up similar to what happened at Tangalle where the boyfriend was brutally killed and the woman was raped.
CCD ASP H. W. Chandrathilake filed the JMO’s report and said he would reply to the submissions made by the suspect’s Counsel on November 18.
He said the investigations were not concluded. However, according to a witness, Malaka had sexually assaulted the Scottish woman. He said the suspect’s Counsel had filed the affidavit to make the admission in conformity with Section 420 of the Code of Criminal Procedure Act. He said the Act clearly states that the relevant Section would apply when an accused make an admission at the trial stage. He said the matter was still under investigation and Malaka was only a suspect and not an accused. Therefore the provisions of that Section cannot apply at this stage.
Thereafter Counsel Asela Rekawa producing Romesh Kulatunge in court through a motion said his client made the first complainant to the Bambalapitiya Police saying the Britisher had assaulted Malaka. He said the Police had asked him to come to the CCD to make a statement but his client had not gone to the Police as he was ill. The Counsel said his client was the complainant against the Britisher and the police had not taken any action against him. (TFT)
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