Tangalla case: Dr. Dhammi's evidence

 


Gang of rapists .... had bit Victoria's breasts
           -- Dr. Dhammi Gunasena

Dr. Dhammi Gunasena who examined the Russian fiancee Victoria Alexander of British national Kuram Shaikh after she was collectively raped at a Christmas party held at Nature Hotel, Tangalla gave evidence in relation to the rape to  the courts about bodily injuries she had sustained.

"There were signs of human biting on her right breast. There were a number of wounds at various points on her body including her sexual areas.


According to Judicial Medical Science it could be assumed that on that occasion she had been subjected to sexual abuse. It was when Victoria Alexandra the Russian national was suspended between life and death with a fracture on the skull and was about to be taken to the operating theatre that I examined her". These were the comments made by Judicial Medical Officer of Karapitiya Teaching hospital.

She further made the following observations: "At the moment I work at the Judicial Medical Unit of Karapitiya Teaching Hospital, Galle. I received my Degree from the University of Ruhunu.The diploma I received about Judicial Medical Science was from the University of Colombo. So far I have been engaged as a doctor for a period of 16 years from 2008. I am doing my degree in Judicial Medicine. I have examined about 6,300 patients and have issued about 2,200 medical reports. Today I give evidence in the presence of courts for the third time. I examined patient Victoria Alexander . That was at Karapitiya Teaching Hospital. I examined her on 25.12.2011 at the intensive care unit at the Karapitiya Teaching Hospital. i examined her mainly as victim who was subjected to assault.She was directed to a special medical examination. As she was to be taken for an urgent surgery I examined her that day from 9.30 - 10.15. an urgent surgery had to be performed very soon on an injury caused to her brain. But she was in quite a good conscious state. However she was finding it difficult to breathe. She was being given oxygen. She was kept in a motionless position. Because of that i had to carry out the examination without disturbing her health. Communication with her was in English. Everything what she told me was taken down on the judicial examination chart. On that occasion she told me that, "On the 24th night between 11.oo - 12.oo I was in attendance at the Christmas party with my fiance. I searched for him in the hotel premises. I saw him lying on the ground. A crowd of people came and suddenly embraced me. I then wrestled with them and then became unconscious. I found myself in the hotel when I regained my consciousness. My underwear had been removed". At the same time she told about some experiences she underwent there. I have recorded these statements in her medical report exactly as she told me.

I examined her wounds.Her head area was externally covered and protected with plaster.

from the notes I have mentioned as No. 01 in relation to the wound stated, it was a serious injury caused on the left side of her head. There was a bone fracture on the skull. On the bed ticket the Neuro Surgeon had mentioned so after a CT scan on the brain.

According to the CT scan report, medical attention had to be given to her immediately. If immediate treatment was not given, the patient may definitely die as stated on the bed ticket of the Neuro Surgeon. That injury could have happened as a consequence of a terrible blow on the head.

Attorney-at-Law for plaintiff: "In what kind of incident can an injury of that type occur on the skull?"
Witness: "A blow had been dealt with a blunt instrument .... a very rough instrument has been used on the head".

When I examined it, it was stitched.Such an injury could take place even by a blow from a broken bottle.

From injury No. 02, the flow of blood could have occured from the wound. Injury No. 03 was a scrape wound on the forehead. No. 04 injury was an injury around the right eye which was a bruise. It could be the result of a blow from a blunt tool. Injury No. 05 was a scrape wound which was noted towards the left side beyond the ankle. Wound No. 06 was noted on the right breast. It could be a wound which can occur as a result of being bitten by a human being. There were human tooth marks to be seen there.

Signs of biting are recorded in the case of sexual harassment. An opinion could be expressed in this connection that this is a case of malicious type of biting. Wound No. 07 is a bruise injury on the left breast. It is an injury inflicted within a space of 24 hours. Injury No. 08 is a bruise observed in the vaginal region. It was in the vaginal region and the injury has been inflicted by using a blunt instrument. It could have happened as a result of a blow from the hand or by squeezing. Wound No. 09 was on the right thigh. that too was a bruise injury caused with some force with a blunt instrument. Injury No. 10 had occured in the sexual region. The sexual area was totally contaminated with material such as grass and sand. There were two wounds on the hymen. The vaginal passage was noted to be expanded in a manner that two fingers could be inserted. It was seen that she had been made to indulge in sexual activity. The region around the sexual area was contaminated. That contamination could have taken place because of sexual activity taking place with another in an area where there was sand and grass.

As a medical opinion, it could be said that these things took less than 24 hours for examining her. All those injuries could have taken place within a space of a few hours at one and the same time. According to the colour of the blood of the bruise and scrape marks it could be said that it would have happened in less than 24 hours.

She is a lady of about 23 years old. She is a fair-skinned lady. During the medical examination she was in great pain. When those locations of injuries were being examined, she was shouting in pain. Those wounds may have occured because some force or pressure had been applied on the sexual area. Such an injury can occur in a case of sexual harassment. Wound No. 03 was a serious one and it was an injury which warranted immediate attention. Where wound No. 05 on the head was concerned, it gave an indication where she succumbed to an unconscious state for sometime. In the case of a serious blow on the head, it could result in somebody suddenly becoming unconscious. Wound No. 06 was around the vaginal area. Wound No. 08 was in a spot where it could not be seen by the naked eye. Bruise injuries, scrape wounds and bite wounds could be said to have occured less than in 24 hours before the patient was examined. It may have happened on 25th night. There were two torn injuries on the hymen in injury No. 09. As an opinion it could be mentioned that when examining the sexual area and other areas of the body, the patient has on that occasion been subjected to sexual harassment. If a sexual intercourse has taken place without the subject's consent, such injuries could take place. An opinion could be expressed that this female was subjected to sexual abuse. What is implied by this is that this patient has had body handled, squeezed, sexual intercourse committed in the vaginal area and direct sexual involvement having taken place. According to the location where biting was observed, those could have occured during sexual activity. I examined those wounds which had occured during sexual harassment. I express such an opinion from the wounds on the right breast created by human bites,bruise wounds observed on the left breast and wounds in the sexual areas. According to wounds in the sexual region, some activity has taken place to provide access to the vaginal passage or in relation to the thighs. I have arrived at that conclusion considering injuries on the body, from the marks and signs, the contaminated state of the sexual region and statements made by the patient and my own observations on other factors. Itozoa  sent samples of relevant material for a special examination to the Government Analyst.

According to that report I have been informed that no male spermatozoa has been identified. In the vaginal passage examination, the report says that only 30% has been detected. There are occasions when spermatozoa is not ejected in sexual intercourse. It is understood that 34% of spermatozoa is not ejected. Sperms not entering the vaginal passage takes place for various reasons.

it was when this patient was suspended between life and death that I had to examine her. The patient was taken to the operating theatre around 10.20 and she was convalescing after  The operation. However i was not able to conduct anymore observations because she was taken to a private hospital without informing me.

Further evidence postponed until 9.30 a.m. next 19th.