The Anuradhapura High Court has ordered that submissions in the case filed against a mother, who is a teacher, and the father, related to the incident where their child suffering from Thalassemia died due to their refusal to provide blood, be presented on October 09. This order was issued to both the plaintiff and defendant parties by North Central Provincial High Court Judge Indika Attanayake.
In this incident, indictments have been filed against the married couple H.M. Samarakoon Bandara and P.G. Asheerangani Tennakoon, who is a teacher. They have been accused of committing an offense under Section 308A (2) of the Penal Code, as amended by Act No. 22 of 1995, for neglecting and abusing their child, Herath Mudiyanselage Allegele Anushka Namal Bandara, by opposing and not consenting to provide blood to the child in Anuradhapura around March 21, 2003. Additionally, the Attorney General has filed charges against these defendants before the Anuradhapura High Court for the offense of committing culpable homicide not amounting to murder, under Section 298 of the Penal Code.
Considering media reports regarding this death, which occurred due to the parents' refusal to provide blood to their child suffering from Thalassemia, the Anuradhapura Headquarters Police initiated investigations based on a complaint made by the Child Protection Commissioner to the Anuradhapura Magistrate. Accordingly, the exhumed body of the child was subjected to a post-mortem examination by former Specialist Judicial Medical Officer Dhananjaya Vedaprashastha of the Anuradhapura Teaching Hospital, and subsequently, the suspect parents were arrested and produced before the court.
According to a statement given to the police by Dr. W.M. Senarath Dayananda Bandara, a Pediatric Specialist at Anuradhapura Teaching Hospital, although it was informed that blood should be given to the child admitted to Ward 5 of Anuradhapura Teaching Hospital, the parents objected, stating that they could cure the child through prayer according to their religion. As blood transfusion was essential to save the child's life, the child was admitted to the Pediatric Intensive Care Unit, and the parents also pressured the doctor on duty there. The doctor further stated that due to this pressure and negligence by the parents, the child's condition worsened, and the child died.
Following the preliminary non-summary inquiry held at the Anuradhapura Magistrate's Court, this case was referred to the Anuradhapura High Court for further hearing. Government Attorney Nirosh de Silva appears for the plaintiff (initially, Government Attorney Yomali Nagodawithana appeared), while President's Counsel Gavendra Fernando appears for the defendant parents. Former Specialist Judicial Medical Officer Dhananjaya Vedaprashastha and others have been named as witnesses in this case.