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Magistrate suggests complaint be referred to Mediation Board

Voetlights Society incident
By Sumitta Jayawickrema

Police objections to grant bail to lawyer Asoka Samararatna who is alleged to have assaulted another lawyer Rajpal Abeynayake during an annual get-together of lawyers last Saturday night, were turned down on Thursday by Colombo Fort Magistrate and Additional District Judge Lanka Jayaratna
Ms. Jayaratna observed that there were no sufficient grounds not to grant bail for Mr. Samararatna and accordingly released him on personal bail. Mr. Samararatna who was present in Court was requested by the Magistrate to make a statement to the Police thereafter. She re-fixed the case for January 26 when the medical report of Mr. Abeynayake is also to be produced.

The incident occurred at a five star hotel in Colombo at the annual dinner meeting of the Voetlights Society. More than 700 lawyers attended the event, including the Chief Justice, Justice Minister and the Attorney General.Mr. Abeynayake had complained to the Kollupitiya Police that he was assaulted by Mr. Samararatna. He admitted himself to the General Hospital complaining of an earache on Sunday afternoon.

Kollupitiya Police OIC Chief Inspector Sisira Pettatantri producing a ‘B’ report in Court following the complaint, said that Mr. Abeynayake was assaulted and threatened with death. He said the Police were investigating a case of assault and criminal intimidation. President’s Counsel C.R.De Silva making submissions on behalf of Mr. Samararatna said that the event was held only for lawyers and all laywers attending the event had to purchase a ticket priced at Rs. 5,000.

He said that Mr Abeynayake had entered the venue without purchasing a ticket and that he had created a disturbance and an unpleasant situation for those who attended the event. He said that the organisers of the event have also made a complaint to the same Police station stating that the complainant, Mr. Abeynayake had entered the dinner meeting without purchasing a ticket and caused a disturbance provoking an incident and that the Police was not investigating that complaint. He denied that Mr. Samararatna had assaulted Mr. Abeynayake.

The Magistrate inquired as to what time Mr. Abeynayake had got himself admitted to hospital. Police informed Court that it was around 4 p.m. the next day. The Magistrate observed that this was a matter that should be referred to the Mediation Board for settlement and there was no reason to reject bail for Mr. Samararatna.

Earlier, the Police informed Court that three separate attempts were made by Police to record a statement from Mr. Samaratne but they were unsuccessful. President's Counsel C.R. De Silva with President’s Counsel Tirantha Walaliyadda, President's Counsel Dinal Phillips, Mr. Upul Jayasuriya and more than 15 other lawyers appeared on behalf of Mr. Samararatna.

Mr. Anura Meddegoda Attorney at Law represented the Bar Association of Sri Lanka. Mr. Samararatna made a statement to the Kollupitya Police the same afternoon stating that Mr. Abeynayake was engaged in an argument with Mr. Upul Jayasuriya and made abusive remarks to him as well when he was passing the two. He denied assaulting Mr. Abeynayake and said he only took evasive action when Mr. Abeynayake tried to assault him.

Voetlights Society Secretary Farman Cassim issued a statement during the week stating that Mr. Abeynayake had neither purchased a ticket for the dinner meeting nor was he invited. The media was not invited for the function. The statement said that the Society regretted attempts to politicise the incident that took place at its 102nd annual dinner meeting.

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