COLOMBO: They rColombo Magistrate’s Court No. 3, presided over by Hon. Pasan
Amarasinghe, today delivered a verdict in Case No. 4690/03/2008, acquitting and discharging
both accused, Mr. Hemachandra Perera and Mr. Prabath Duminda Weerarathna both former
Arny Intelligence officers, from all charges filed under Sections 314 and 32 of the Penal Code of
Sri Lanka.
The accused were alleged to have assaulted two individuals, purportedly journalists and diplomat
staff officer during a 2008 incident linked to state intelligence operations commonly referred to
as “white van” abductions. The trial resumed in 2023 after the suspects were arrested in 2017 and
remanded for a prolonged period.
In a detailed and robust defence, Senior Counsel Shiraz Noordeen and Attorney-at-Law with
Farzan Mohamed highlighted the prosecution’s failure to prove the charges beyond reasonable
doubt. Key elements leading to the acquittal included:
Illegality of Identification Parade: The court accepted the defence submission that the accused
had been exposed to media coverage before the ID parade,
Unreliable Witness Testimony: The primary witness (PW-01) admitted to misidentifying
participants from the general public as suspects, while PW-02 categorically stated he could not
identify any perpetrator, contradicting prior police statements.
Absence of Medical Evidence: No qualified medical report was submitted to establish any
bodily harm suffered by the complainants.
Proven Alibi: Accused No. 1 successfully established an unchallenged alibi corroborated by
documentary and photographic evidence, including birthday records and religious observances
on the date of the incident.
The court observed that the prosecution had failed to satisfy the burden of proof under the strict
standards required by criminal law. Notably, no common intention was established under Section
32, nor was any act of hurt substantiated under Section 314.
The CID had led the prosecution in this case. The acquittal is significant against the backdrop of
continued investigations into similar allegations arising during the Rajapaksa administration,
many of which remain unresolved.
