Senior Attorney-at-Law Gunaratne Wanninayake has informed court that he cannot enter into mediation over the incident involving a police constable at the Mount Lavinia Magistrate’s Court premises last month.
His legal team told court on Monday (17) that a formal investigation must take place instead.
Submitting further reports along with six consolidated statements, the Mount Lavinia Police said both parties were summoned before the Mediation Board on November 8, but only the police constable attended while Wanninayake did not appear.
Investigators requested court approval to send the CD containing footage recorded on the constable’s mobile phone, as well as DVR footage from the prison bus, to the Government Analyst. Wanninayake’s counsel, President’s Counsel Upul Jayasuriya, insisted that the mobile phone used to record the footage must also be submitted to the Analyst, and that all material should be sent through a court officer, not the police.
Police told court that the constable has since been transferred to Kandy and that his mobile phone is his personal device, which is why it had not been produced. However, three CDs containing downloaded footage have been submitted on affidavit.
The Magistrate ordered that the CDs and DVR device be sent to the Government Analyst through a court officer, and directed the officer to notify the court if the mobile phone is also required for examination.
The case against Wanninayake was postponed to February 2.
In the separate case against Police Constable Tarinda Dilhara, the court noted that a psychiatric report requested on October 10 has still not been submitted. The Prison Superintendent was ordered to report in writing on November 19 whether the court order has been carried out.
This case will also be taken up again on November 19. (Newswire)