Acquitted police officer
taking case to HRC
A Police officer who was accused of forcing a suspected
TB patient to spit into the mouth of a suspect in custody and violating
the human rights of the suspect has decided to take his case to
the UN Human Rights Commission after he was acquitted by the Kalutara
Former Crime OIC of the Welipenna police in Kalutara
division Sherwin Premalal Silva told The Sunday Times that some
of the international NGOs were responsible for bringing false allegations
against him which led to his interdiction for two years until the
case was concluded.
Inspector Silva was acquitted and discharged by
Kalutara High Court Judge Jayantha Perera after the allegations
against the officer could not be proved.
The officer was accused of assaulting a suspect
and thereafter getting another suspect, believed to be a TB patient,
who was in custody, to spit into the mouth of the suspect. Medical
examinations on the two suspects revealed that neither of them was
infected with TB. The suspect Palitha Tissa Kumara had subsequently
made a complaint to the ‘Janasansadaya’ organization
involved in human rights activities which eventually brought up
the matter with the Human Rights Commission resulting in charges
being filed against the police officer.
The main witness in the case Thummaya Hakuru Sarath
alias Banja who has been sentenced to death and 67 years RI claimed
in courts that he had been infected with TB and the police officer
had forced him to spit into the mouth of the suspect Palitha so
that he and his family would be infected with TB.
Hakuru Sarath had been taken into custody by Inspector
Premalal Silva after he had escaped from the Welikada prison. The
inspector told court that the suspect who was armed and in possession
of a hand grenade was captured at great risk.
Earlier a fundamental rights case was also filed
against the police officer, but the petition was dismissed.
Inspector Silva said he plans to protest to the
Human Rights Commission against the NGOs which have taken up false
allegations against him leading to his interdiction. He said he
was forced to mortgage his house to spend for the case and eventually
a garment factory owner who had read about his case in a newspaper
had come forward to pay the mortgage and redeem the house. The officer
is due to appeal for his reinstatement.
Attorney-at-law Rasika Balasuriya along with Shan
S. Senanayake appeared for the police officer while the State was
represented by State Counsel Dulinda Weerasuriya and Vajira Aserappuli.