(October 18, 2012, Hong Kong, Sri
Lanka Guardian) The Court of Appeal today ordered the retrial on the case of
torture of Gerald Perera. The court quashed the order of the acquittal of four
of the accused, M. Suresh Gunasena, J.A. Nalin Chandimal Jayasinghe, H.A.P.D.
Perera and H.M.A.K. Herath. The court upheld the acquittal of E.A.A. Tushantha
and A.M.V. Bandara. All these police officers were attached to the Wattalla
Police Station during the time of the alleged torture of Gerard Perera which
took place on June 2, 2002. The High Court judge of Negombo, Ms. J.M.T.M.P.U.
Tennakoon acquitted all the six accused on April 2, 2008. At the Court of
Appeal today the president of the court, Sisira de Abrew and Justice K.T.
Chitrasiri made the judgement quashing the acquittal of four accused and
ordering the retrial.
Gerald Perera complained of being
severely tortured at the Wattalla Police Station after he was arrested on
mistaken identity. After the arrest he alleged that he was hung from a beam and
assaulted with iron rods. As a result of the severe assault he suffered renal
failure and remained unconscious for two weeks. He was saved due to strenuous
efforts by the doctors at the Nabaloka Hospital. He remained at the hospital
for several months and was treated for injuries over his entire body due to the
assault. Extensive medical evidence was led at the trial.
The trial judge held that the arrest
of Gerald Perera by four of the police officers who were accused in the case
had been proved and that the injuries he suffered took place at the police
station. However, the trial judge acquitted the accused officers on the basis
that there was no direct evidence of who assault him at the police station.
Previously all the police officers
were held by the Supreme Court of the Sri Lanka as responsible for causing
torture to Gerald Perera and awarded him damages.
Gerald Perera was assassinated a
week before he was to give evidence at the criminal trial for torture filed
against the police. The first accused M. Suresh Gunasena and another were
accused in a separate murder trial for causing his death. This case is still
pending.
The details of the judgement of the
Court of Appeal will be provided when a certified copy is available.
Mr. Ranjan Mendis with Mr. Bernard
Peterson supported the appeal and on behalf of the Attorney General Ayesha
Genadasa, Deputy Solicitor General also supported the appeal.