Swiss Embassy Case: Magistrate says no to record statement at Swiss Envoy’s residence

Court extends  travel ban till Dec. 17 

By Yoshitha Perera 
Declining the request made by counsel Upul Kumarapperuma appearing for the Swiss Embassy local staffer to record the remainder of her statement at the Swiss Ambassador’s residence, Colombo Chief Magistrate Lanka Jayarathne yesterday said that the Embassy and Ambassador’s residence come under Swiss law. 

  When the case was taken up in the Colombo Chief Magistrate’s Court, counsel Upul Kumarapperuma said that his client was not in good health condition to go to the CID and record her statement and requested the Magistrate to issue an order to record her statement at the Swiss Ambassador’s residence.   

Explaining the legal background to the request, the Magistrate said that the  Ambassador’s residence was also taken as a part of the Embassy and the law will be different in that premises.   
“The Embassy and Ambassador’s residence comes under Swiss law and there will be different laws to such a request,”  said the Magistrate.   
The Magistrate also noted that the alleged victim could come to the CID to make her statement unless she is having a serious health condition.   

While making his submission on behalf of the Attorney General, Senior State Counsel (SSC) Janaka Bandara informed the Magistrate that the alleged victim was still in the process of making her statement.   

SSC Bandara said that the psychiatrist who checked her mental condition requested to refer the alleged victim to a panel of psychiatrists again before submitting the 
final report.   

Accordingly, the Magistrate issued an order to the Chief JMO to take necessary measures to refer the alleged victim to a panel of psychiatrists and constitute a panel for the particular request.    SSC Bandara further informed that by December 16 the CID and the Judicial Medical Officers are trying to conclude her statement recording process.   
“Based on the medical findings and investigations, I will provide the comprehensive submission on the matter at the next hearing date,” SSC Bandara informed the Magistrate.   
Accordingly, the travel ban imposed on Swiss Embassy local staffer, Ganier Banister Francis, was extended till December 17 by the Colombo Chief Magistrate Court.   

Making his submission, SSC Bandara further added that there are certain people who are making unethical and harmful statements to the media representing lawyers and said that such acts will be a stigma to the judicial system of Sri Lanka.   

He also requested an order from the Magistrate to the CID to take necessary action to prevent such situations.   
However, the Magistrate informed the Court that without submitting specific evidence the Court is unable to issue an order regarding the particular request.   

Magistrate directed the Court that the Ambassador’s residence was also taken as a part of the Embassy and the law will be different in that premises