Specialist consultant not present in court ... forwards medical report -- magistrate goes to hospital to check its veracity!

Specialist consultant not present in court ... forwards medical report -- magistrate goes to hospital to check its veracity!

Consultant doctor Kavinga Gunawarena alleged to have caused the traffic accident which brought death to a police inspector in Pepiliyana area, thus resulting in big uproar in the country has not been present in court yesterday by forwarding a medical report that she is not in a position to walk.

After the said accident what was mentioned in the first report of Kalubowila Hospital was that no smell of liquor emanated from the mouth. However, it was revealed in a police examination that it was false. Subsequently when she was produced before the magistrate and was sent to remand

custody till 9th on which occasion a second medical report was forwarded when it was recommended that it was necessary for her to be treated in hospital and that she cannot be sent to prison. Accordingly, reports were published that she sustained minor injuries and a bed was allocated to her under security officers, at Kalubowila Hospital from date of accident till 10 days without being released from hospital.  Subsequently, when the case was heard at Nugegoda Magistrate Court about her accident she had not turned up and instead has forwarded the third medical report to court saying that because of the specialist doctor's sick condition she is still undergoing treatment at ward 11 at Kalubowila Hospital and that she is facing difficulty in walking.

Courts reporter has reported that Mrs. Kusumawathi Perera, deceased police inspector's wife had been weeping in court. Deputy Inspector of Police, Mr. Ajith Rohana in charge of traffic who brought matters before in court on behalf of plaintiff said: "My Lord ... law should be equal to everybody. There can't be one law for a doctor, one law for the police and one law for the public. If this accident took place due to the fault of police or a common man, the situation may have been different than this. The situation has been different because she is a doctor. It has been confirmed from the balloon offered to this doctor by police that she has without doubt consumed liquor. My Lord ... the hospital bed-ticket of the doctor at Kalubowila Hospital has not been forwarded to us by doctors there. As such, I beg of you My Lord to issue an order to the director of Kalubowila Hospital to provide us this bed-ticket. We beg of you not to allow bail to this doctor. If bail is permitted at this time, it would turn out detrimental where the bed-ticket is concerned. If she is allowed bail, it could result in public uproar and prevent her from travelling abroad. The other thing is that she still is in Kalubowila Hospital. I beg of you My Lord to issue orders to prison officials provide her treatment at Welikada Prison.

At this point President's Counsel Mr. Anuja Premaratna who appeared on ehalf of suspect the doctor said, "there is no public uproar in this connection. If there was a female rape case ... will there be this number of police officers in court? But for this case a large number of the police are present. CID officers and big officials have come. What I think is that it is not the public who have got stirred but the police. The doctor who is undergoing treatment in Kalubowila Hospital should still receive proper treatment. She did not appear in court because of difficulty in walking. She has a 10 year old child too. According to provisionsof Bail Act ... you may make a conclusion.

Attorney-at-Law, Mr. Mahesh Batulanda who appeared for the defendant placed the following points before court saying, "Wife and eldest son of deceased police inspector is still taking treatment at Colombo National Hospital. They have been subjected to some operations too. The wife's brain has been bruised. Bones of both legs of the eldest son are broken. The five year old son is still under treatment at children's hospital. He has sustained damage to his spinal cord. In the same way his liver has been scraped. Even by now they have had to  incur a big sum of money. As such, My Lord I beg of you to order providing them with an allowance on sympathetic grounds. 

The lady magistrate put off the case for some time and then visited Kalubowila Hospital and inspected the suspect specialist doctor. On that occasion doctors have informed the additional lady magistrate that a scan examination has been scheduled today (10) for the suspect. Subsequently, Nugegoda additional lady magistrate who resumed hearing at about 2.30 in the afternoon had taken all matters into consideration ordered that the specialist doctor be remanded once more till 16th of this month.