Swiss embassy abduction case: Accused sentenced

Garner Banister Francis, an employee of the Swiss Embassy in Sri Lanka who was arrested in 2019 for providing false information stating that she was abducted, was handed down two years imprisonment suspended for 15 years by the Colombo High Court today.

The sentence was pursuant to Ms. Francis admitting guilt for having violated Section 190 of the Penal Code which reads: “Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”

In November 2019, Ms. Francis lodged a complaint that she was kidnapped and assaulted by five men in the Cinnamon Gardens, sexually assaulted and detained for several hours during which time she was questioned about the issuing of a visa to former CID officer Nishantha Silva.

The guilty plea was lodged on the basis that Ms. Francis’s family was abroad and she was not in good health, her counsel said. With 80 witnesses listed in the indictment, proceedings would also have taken considerable time had it gone to trial.

Additionally, Ms. Francis received a Rs. 5000 fine for violating Section 120 of the Penal Code which reads: “Whoever by words, either spoken or intended to be read, or by signs; or by visible representations, or otherwise, excites or attempts to excite feelings of disaffection to the Queen or Her Government in Ceylon, or excites or attempts to excite hatred to or contempt of the administration of justice, or excites or attempts to excite the Queen subjects to procure, otherwise than by lawful means, the alteration of any matter by law established, or attempts to raise discontent or disaffection amongst the Queens subjects, or to promote feelings of ill-will and hostility between different classes of such People, shall be punished with simple imprisonment for a term which may extend to two years.”

Ms. Francis was also asked to pay Rs 2mn as compensation to the State.

Attorneys-at-Law Kalinga Indatissa, Upul Kumarapperuma and Sudharshana Gunewardena represented Ms. Francis. Deputy Solicitor General Janaka Bandara represented the Attorney General’s Department.