The Anuradhapura Chief Magistrate yesterday declined to issue a fresh remand order against Atamasthanadhipathi Ven. Pallegama Hemarathana Thera, who is currently in remand custody over allegations of the grave sexual abuse of a 15-year-old girl.
The order was made by Anuradhapura Chief Magistrate Siyapath Sasindu Wickramaratne when the case was taken up before the Anuradhapura Chief Magistrate’s Court on 12 May.
Addressing prison officials, police officers led by Nittambuwa Police OIC Chief Inspector P.M. Anura Gunawardhana, and defence lawyers including President’s Counsel Kalinga Indatissa, the Magistrate stated that he could not legally issue a fresh remand order under the present circumstances.
Prison officials informed court that the suspect Thera had been remanded until 12 May under an order issued by Colombo Chief Magistrate’s Court No. 08 and had also been directed to be produced before the Anuradhapura Chief Magistrate’s Court yesterday.
However, Magistrate Wickramaratne noted that the relevant order issued by the Colombo Chief Magistrate’s Court had not yet been officially received by his court. He further observed that the suspect had not been physically produced before the Anuradhapura court.
Accordingly, the Magistrate stated that he had no legal authority to issue a further remand order in the absence of both the official order and the suspect’s appearance before court.
He further noted that if such a remand extension were to be issued, it should be done by the same Magistrate who had previously observed the suspect and ordered his remand until 12 May.
The case was postponed until 15 May, and the Magistrate directed the Nittambuwa Police to submit a progress report on the investigations on the next hearing date.
When the case was taken up, Chief Inspector Gunawardhana informed court that statements from several more individuals still needed to be recorded as part of the ongoing investigations.
Appearing for the defence, President’s Counsel Kalinga Indatissa stated that his client, Ven. Pallegama Hemarathana Thera, strongly denied the allegations of sexually abusing a minor girl.
