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Politico’s lawyers object to prosecution bid to present child rape victim’s statement as evidence
View(s):Lawyers for former Akuressa Pradeshiya Sabha Chairman Saruwa Liyanage Sunil, who has been accused of raping a minor, have strongly objected to a prosecution request to present as evidence before court, a statement made to the Judicial Medical Officer (JMO) by the alleged rape victim.
When the case was taken up before Colombo High Court Judge Sampath Wijeratne, Senior State Counsel Madhawa Tennakoon, leading the prosecution, requested permission to present as evidence, a statement made by the child victim to Assistant JMO K.I. Padmathilaka at the Matara General Hospital.
However, Defence Counsel Anil De Silva P.C., strongly objected to the request, arguing that presenting the statement made to the JMO as evidence, violates the provisions of the Evidence Ordinance. Counsel De Silva pointed out that the statement had been made about a month after the alleged incident and, as the JMO is recognised as an investigating officer in this case, presenting a statement made to him as evidence contravenes the Evidence Ordinance.
With due consideration of the arguments, Judge Wijeratne ordered the parties to present further legal arguments on March 22, stating he would give his ruling thereafter.