The train driver was acquitted and released in the incident where a wild elephant was hit and killed by a train.

train-driver-acquitted-in-fatal-train-collision-with-wild-elephant

The Kekirawa Magistrate's Court has ordered the acquittal of the train driver who was accused in connection with the accident that occurred when a wild elephant collided with the express train running from Trincomalee to Colombo in the Habarana area. N.A.D.P., who is attached to the Trincomalee railway station.

Magistrate Udari Gunasekara of Kekirawa took steps to conclude the case filed by wildlife officers against this driver named Gunathilaka.




When the case was called, Attorney Anuddha Wijeratne, appearing for the accused driver, stated that if it is argued that train drivers are responsible for such accidents occurring on railway tracks running through forests, then legal action should also be taken against wildlife officers for failing to properly manage the wild elephant population and for dereliction of duty. He also pointed out that according to the existing Railway Ordinance, drivers are not liable for a wild elephant being killed by a train, and they are exempt from that responsibility.

The lawyer emphasized that an express train, unlike ordinary vehicles, cannot be stopped instantly, and allowing an animal to enter or causing it to enter the railway track is a punishable offense under Section 37 of the Railway Ordinance. Meanwhile, the Department of Wildlife Conservation had failed to comply with a previous court order to file an indictment against the driver under the Code of Criminal Procedure. Accordingly, after officials from the Ritigala Wildlife Office informed the court that the case would be withdrawn based on the instructions of the Department of Wildlife Conservation, the Magistrate concluded the relevant legal proceedings.

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