The two Air Force officers who were convicted for intimidating and assaulting The Sunday Times defence columnist Iqbal Athas and his family in 1998 were acquitted on Thursday by the Appeal Court Judges Justice S.I. Imam and Sarath de Abrew.
The two men had been sentenced by the High Court for a period 10 years RI each and fined Rs. 10,000 each for intimidating and threatening the family of The Sunday Times Defence Correspondent Iqbal Athas.
The accused-appellants H.M. Rukman Herath (deceased) and Don Pradeep Sujeewa Kannangara were found guilty, by the Colombo High Court on February 7, 2002, of several charges including intimidation and criminal trespass.
Delivering the judgment Justice Imam with Justice Abrew agreeing, observed that the benefit of the doubt should be given to the accused-appellants since charges against them had not been proved beyond reasonable doubt.
Ranjith Abeysuriya PC appeared for the accused-appellants while Deputy Solicitor General Dapula de Livera appeared for the Attorney-General.
In February 2002, High Court Judge Sarath Ambepitiya sentenced the two Air Force personnel to a period of seven years rigorous imprisonment each and a fine of Rs. 10,000 each and a default sentence of one years imprisonment each on the first count and a further sentence of two years rigorous imprisonment each on the second count.
Convicting them, Judge Ambepitiya said in a democratic country like Sri Lanka a journalist had all the right to expose the corruption and malpractice of any person regardless of his status in society.
“In a democratic country like Sri Lanka, newspapers have a right to expose the corruption of anyone,” he said. Noting that violent attacks against journalists undermine press freedom, the judge added that “If crime is used to suppress [this right], then stern action should be taken.”
He said the action of the two accused were not becoming of service personnel who were bound to protect the public and not to intimidate a person so as to discontinue him from indulging in a rightful profession of his choice.
The two men were indicted on charges of unlawful entry, criminal trespass, and criminal intimidation of Mr.Athas and his family members. | 
E-mail