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Death threats alleged for filing rights case against ASP
A businessman from Seeduwa this week filed a motion in the Supreme Court claiming he has received death threats over the telephone for filing a fundamental rights petition against a Police officer who had allegedly assaulted him.

The petitioner, Harsha de Silva of Negombo, has cited IGP Chandra Fernando, Colombo Crimes Division ASP Ranmal Kodituwakku, SSP Peliyagoda Jagath Abeysiri Gunawardena, SP Peliyagoda Gamini Wijetunga, OIC Wattala Dharmasiri Fernando and the Attorney General as respondents.

According to the petitioner who is chairman and managing director of Vehicles Lanka (Pvt) Ltd., he was driving from Colombo to Negombo on Jan 13, 2005 at around 9 p.m. when he heard the tooting of a horn from a vehicle behind his vehicle, trying to overtake his vehicle. He could not make way for the vehicle behind to overtake his vehicle as the traffic flow was heavy. After some distance the vehicle managed to overtake his vehicle. It then stopped in front of his vehicle blocking his and other vehicles that were proceeding towards Negombo.

He said that Mr. Kodithuwakku who was in Police uniform and the driver who was in civvies approached his vehicle and started abusing him. When he lowered the shutters of his vehicle to talk to Mr. Kodituwakka, the latter had pulled him by the tie and assaulted him.

He claims that Mr. Kodithuwakku ordered him to get into his car where he was assaulted further. He also said that when his cellular phone began to ring Mr. Kodituwakku grabbed the phone from him, dashed it on the ground and trampelled it.

He said that during this incident he heard a vehicle approaching the scene and Mr. Kodithuwakku stopped assaulting him to look at the approaching vehicle. At this stage he (Mr. de Silva) recognised the person in the vehicle as Minister Jeyaraj Fernandopulle. He then cried out to the minister to save him as he was being assaulted for no reason at all. He states he was taken to the Wattala police station and assaulted further. Shortly afterwards, Minister Fernandopulle arrived at the police station and the OIC there informed the minister that Mr. de Silva was given the breathalyser test which proved he had not taken liquor.

He states that he was in severe pain and was taken to the JMO Yakkala at about 3 a.m. the next day and subsequently admitted to the Colombo North Teaching Hospital. He was later released on personal bail on that day around 3 p.m. He has filed a fundamental rights petition in the Supreme Court against the respondents.

He now claims he has received anonymous threatening calls on his land phone and cellular phone. He states that on May 1, 2005 he was threatened with death over the phone if he did not withdraw the case. On May 7 he received another anonymous call from the same person threatening him and his family with death if he did not agree to withdraw the case.

On May 8 unidentified persons with firearms were hovering around his home waiting to carry out these threats and now he is living in fear. He also claims he has brought all this to the notice of Minister Fernandopulle, who in turn has written to the IGP requesting that the matter be investigated and security provided to Mr. de Silva.

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