For malicious prosecution Fmr. Akuressa PS chairman claims Rs. 1 Bn in damages from AG, Police

By Lakmal Sooriyagoda   

Former Akuressa Pradeshiya Sabha Chairman Saruwa Liyanage Sunil who was acquitted and released from a case filed against him for raping an underage girl in 2012 has filed a lawsuit in the Colombo District Court claiming Rs.1 billion as damages from the Attorney General and two police officers for prosecution with malicious intent.

 Saruwa Liyanage was sentenced to 15 years Rigorous Imprisonment by Colombo High Court for allegedly raping an underaged girl (statutory rape) in 2012.   

However, taking into consideration an appeal petition filed by Liyanage, the Court of Appeal on October 11 last year, decided to set aside the conviction and sentence imposed by Colombo High Court concluding that the prosecution has not proven the case beyond reasonable doubt.   

Plaintiff Saruwa Liyanage Sunil alleged that three defendants Chief Inspector Waruni Bogahawatta, Inspector Lakshman Batuvithawatta and the Attorney General had made arrangements to institute criminal proceedings against him without any reasonable and probable cause.   

The plaintiff instituted this action for the recovery of a sum of Rs.1 billion as damages for the institution of criminal proceedings at Matara and Colombo High Courts, for causing damage to the plaintiff’s reputation and long-term incarceration and its impact for business collapses.   

The Attorney General had filed an indictment against the former Chairman of the Akuressa Pradeshiya Sabha Saruwa Liyanage Sunil for allegedly raping an underaged girl in Akuressa between May 23, 2012 and July 2, 2012.