The Managing Director of Transworld Movers (Pvt) Ltd hauled up by the police for harassing two individuals with SMS has now been indicted in what is seen as Sri Lanka’s first SMS harassment case.
This extremely rare cyber case first came up before the Colombo Fort Magistrates in July 2006 by the Kollupitiya police against Suresh Marcellus, Managing Director of Trans world Movers (Pvt) Ltd, Thamaris Gomez a Director of the company, Imashi Oris Apsara, Sharmila Alirajah, and Sandra David for SMS harassment.

They were released on cash bail of Rs.50,000 each. Subsequently the Magistrate ordered the police to frame charges separately against each accused and to submit an investigation report on July 31, 2008. The investigation came on a complaint lodged by the Managing Director of a rival company saying he and his wife had been threatened and harassed by these suspects via SMS and fixed telephone using obscene language.

The charges have now been framed under the Telecommunication Act Section 58 and 59 (1) for using obscene transmissions for the purpose of defaming the character of the plaintiff affecting his business. The offence carries a punishment of a fine of not less than Rs. 5000 or a maximum imprisonment of six months or both. Counsel Jeevantha Jayathilake appeared for the aggrieved party.

When the case came up last month, the first accused was indicted while no indictment was served on the other four who were then discharged. The case has been fixed for trial on October 16.