The aggrieved party in the case involving the death of Sumith Prasanna Jayawardena in Embilipitiya will be calling for a trial-at-bar in a High Court.
The case is presently being heard at the Embilipitiya Magistrate’s Court. Sumith Prasanna Jayawardena’s body was exhumed recently in order to conduct a second autopsy.
Jayawardena, a father of one, whose wife was expecting a child at the time of his death, died following an incident which occurred at a party in Embilipitiya. His wife testified and gave evidence before Court that he was pushed from a multi storey building. The Judicial Medical Officer’s report confirmed that the cause of death was a combination of injuries, severe internal bleeding and shock.
Representing the aggrieved party, Attorney-at-Law Udul Premaratne said that the request would be relayed to the Chief Justice through the Attorney General.
A report on the manner in which the investigation has been conducted by the prosecution (the Police) and the Police and their wrongdoings will be handed over to the Embilipitiya Magistrate’s Court and Embilipitiya Additional Magistrate, Prasanna Fernando through the Attorney General’s Department, he added.
“The prosecution and the plaint is the Police and the defendant too is the Police and therefore this is a, the Police versus the Police case,” he noted, adding that therefore the Police in order to get the suspect (currently only one suspect has been arrested despite a Magistrate order to apprehend all Police officers responsible) released were conducting the initial investigations and probe in a deliberately flawed manner, so that they could use these errors conducted in the initial inquiries in order to argue in favour of freeing the suspects when the case is taken up at the High Court later.