Suspended jail term for Thilina Sir ... who embraced music teacher!

Suspended jail term for Thilina Sir ...

who embraced music teacher!

A music teacher of Colombo Mahanama College was subjected to sexual harassment during school hours and as a result of that revelation, another teacher of the same school was made guilty and a suspended jail sentence was pronounced today (21). Though this incident which took place in 2011 created an uproar those days, the music teacher not being justified by law in court for a period of 8 years posed a question. 

It was teacher Samanthi Manohari Pelaketiya who taught Eastern Music at Mahanama College who
had to face this unpleasant experience. The person responsible for this harassment was Thilina Thusith Malegoda, a faithful teacher to the principal of the school and the offence concerned has taken place in the music room set aside for her and it had been during school hours too. 

At moments when the said teacher was in her music room all by herself, the offender has made use of that occasion and had gone inside and had started feeling her body; thus trying to motivate her to be lured into some immoral act. On a number of such occasions she has gone to the extent of slapping this teacher and expressing her protest. However, Because of the close affinity he had with the principal, he had tried to lure her to his side by flaunting his administrative powers.

However even after rejecting his advances continuously, he has been upto his tricks non stop. After that in spite of complaining several times to the principal, all that has fallen on deaf years and though police inquiries have taken place, matters have gone under the carpet with knowledge of the then minister of education. Subsequently she has brought this to the notice of Sirasa TV inquiries programme which was telecast in 2011 and later Premalal Kumarasiri, Mahanama principal had taken steps to dismiss her from service by being partial to his loyal teacher saying that she has violated rules of Education Ministry circulars and has exposed internal issues to the media. 

Under these circumstances she has sought assistance of the law and on that occasion it was decided that it was wrong for her to be dismissed from service and thus she was once more reinstated. But the respondent teacher was transferred to Lumbini College without at least being sent to a distant school on the understanding that he was guilty of the offence. 

This court case was heard in Colombo magistrate court and the previous magistrate Mr. Thilina Gamage has pronounced the said teacher not guilty. This music teacher has subsequently has filed action with Appeal Court and the case which was being heard upto now ended today, with a verdict given in her favour. This then is what she told newspapers about the incident: "My hometown is Nikaweratiya, Kurunegala. I am a graduate. A vacancy was available on the instance a lady teacher who served Mahanama College left overseas. I applied for this vacancy. After I handed over my application to principal of Mahanama College, Mr. Premalal Kumarasiri, he has taken my telephone number and kept on calling me several times. 'I like your smile'. those are the type of things he used to tell me. Everybody outside had accepted him as a good person. So I had no issue about him. 

In the meantime, I got a job at Mahanama in the month of July in 2007. I started working on August 7th. It was only after coming that I realised that the Principal and Thilina Sir were bosom friends and both were greedy for women. In the beginning I used to get illicit proposals from the principal across Thilina Sir. Without going into conflict with the principal I kept to myself. But because I did not accede to his proposals the principal began to persecute me to the maximum. Though I am a music teacher, I am a graduate. But I was given an opportunity to teach only for class five and six. I was not given an increase in salary either. 

There was so much corruption in this school. I was getting news about such things too. In the same way, the other responded in the case, the teacher called Thilina Malegoda maintained a close connection with the principal. Both of them got together and were engaged in creating various forms of harassment to the lady teachers. Because of that, some teachers left the job. In the same way, immodest advantages were taken from mothers who came to admit their children to school. 

This unpleasant incident happened on March 28th, 2011. Malegoda who stepped into my room that day, embraced me by force. But because of the principal, there was nothing that I could do as such. But I sounded the teacher in charge of discipline about this. In fact he was outside school at that time. He told me not to do anything that moment; not to create an issue and that he would do something when he returns. When I went to school the next day, the story had gone haywire. What everyone said was not to go to police and not to publicise it. 

Somebody has informed police about this. After April holidays the police questioned me about this. But I told them that I cannot respond to them because I have not lodged a complaint with them and that it will be a problem for me. It was the Women's Bureau who came for the complaint. What they said was that there are complaints against the principal and the teacher concerned. Then I told the truth about the harassment caused me. But I told police to say that I told that no such incident took place. 

But later on after that I was intimidated severely. I was supposed to be lying. My character was tarnished. So not being able to bear anymore, I complained to police in May, 2011. Even by that time the previous complaints were being looked into. Though I was under the impression that justice would be meted out, the principal was a stumbling block in the proceedings. Though inquiries of the ministry was over, that report was not released. What the secretary of the ministry said was that nothing could be done and that it is minister Bandula Goonewardena who does not allow the report to be released.

It was because there was no other way that I got together with teachers' association and told the media at a media discussion. It was broadcast in Sirasa programme on November 27, 2011. The very next day all these people got together and petitioned against me saying that I have violated the code of ethics of the institution. Minister Bandula Goonewardena who was present at the prize-giving too talked about ethics. 

I was suspended from work on February 1, 2012. I was so dismissed saying that making a statement to the media was a violation of the code of ethics of the institution. I spoke to the chief secretary of Teachers' Association, Mr. Joseph Stalin and filed a petition of fundamental rights at Supreme Court through attorney-at-law, Mr. J.C. Weliamuna. The very day the case was heard, an interim order was issued in May, 2012 invalidating my suspension from work. Therefore I once again got the opportunity of securing my services with Mahanama. I did not thus have to stay away from work for even three months. According to the inquiry report, the principal was sent on compulsory pension. However, the teacher Thilina Malegoda continued working at Lumbini College. Colombo Magistrates Court Police filed legal action against Malegoda in respect of my complaint. Malegoda however was released by Magistrate Court. I appealed in High Court against Magistrates Court judgement". 

Accordingly, Colombo Fort Magistrate, Mr. Ranga Dissanayake who took up the case today (21) asked the teacher whether she desires compensation. What the teacher said was that no compensation is required but that a punishment be enforced instead. Colombo Fort Magistrate then enforced a one year jail sentence to the former teacher of Mahanama College, Thilina Thusith Malegoda who was accused of abuse, suspended for five years. Since he has not have had an unsatisfactory record, it was understood that he was ordered to undergo a punishment suspended for five years. Apart from that a fine of Rs. 1,500 was imposed on him.