
The fate of a 29-year-old man, arrested on the morning of the 25th at the Pitipana Junction in Homagama, was decided in a very short time. This married father of one, Francis Durage Ishara Harsha Kumara, residing at No. 1913/D, 17th Lane, Munamale Watta, Kiriwattuduwa, mysteriously died inside the Homagama Police cell, which has now become a serious incident creating significant discussion within the Police Department and society alike.
Ishara and his friend Madushanka were arrested by officers of the Homagama Police Anti-Corruption Unit on charges of possessing 'ice' drugs. Although the police initially stated that he died after being admitted to Homagama Base Hospital due to an allergic reaction while in police custody, the family members of the deceased young man present a completely different and tragic story.
After his arrest, Ishara called his home and stated that he had been beaten by the police. Following his request, his wife Piyumi Nisansala and sister Kaveesha Thilakshani came to the police station with a bottle of Siddhalepa and Panadol. According to his wife, while she was waiting in a police hall, Ishara and his friend were taken to the crime division in handcuffs. A short while later, both the wife and sister heard them screaming in pain. About an hour later, police officers dragged Ishara along the floor and put him into the cell, and by then, blood was flowing from his mouth and he had blue bruises on his abdomen, his wife alleges. Stating that her husband had no illness, she accuses that he was inhumanely beaten and murdered in this manner.
With this death, several serious breakdowns in the internal procedures of the Homagama Police have also been revealed. Following a complaint made by the deceased young man's wife, a preliminary investigation was conducted by Assistant Superintendent of Police Saman Jayalath, under the instructions of Homagama Senior Superintendent of Police Chandana Liyanage. It was revealed that the arrested suspects had not been legally handed over in writing to the officer in charge of the cell. Furthermore, it was confirmed that the suspect brought in by the OIC of the Anti-Corruption Unit was taken to the Crime Division by its OIC without any legal handover.
Considering the seriousness of the incident, an urgent investigation was launched following an order given by the Minister of Public Security, Mr. Ananda Wijepala, to the Inspector General of Police, Mr. Priyantha Weerasooriya. Accordingly, steps were taken from October 26th to suspend the OIC of the Homagama Police Crime Division, the two Sub-Inspectors who served as OICs of the Anti-Corruption Unit, and the Police Constable who was on duty as the orderly officer that day.
One of the officers accused of involvement in this incident is reportedly the son of a former Deputy Inspector General of Police, and there are reports that he has previously escaped charges related to similar assaults. Furthermore, issues have arisen regarding the appointment of the current OIC to the Homagama Police, which is a Special Grade Headquarters Police. He was transferred from Vanathavilluwa, a B-grade police station, and police headquarters sources state that there is also a charge sheet against him. It has come to the attention of these officers that the OIC's irregular conduct also contributed to this incident.
Meanwhile, Ishara's wife also alleges that Madushanka, the friend arrested with Ishara, was also beaten inside the police station. However, the fact that he, a key witness in this incident, was quickly imprisoned without being subjected to a medical examination has raised a legal issue as well as the risk of evidence concealment.
According to the judicial process, after the acting Magistrate of Homagama visited the hospital and police station and conducted an inspection, she ordered the post-mortem examination to be conducted at Kalubowila Teaching Hospital. Accordingly, under the guidance of Specialist Judicial Medical Officer Dr. Ravi Nanayakkara, a medical team including Judicial Medical Officer Dr. Chamara Karunathilaka conducted the post-mortem examination on the 27th.
Although information was presented indicating internal bleeding in the deceased young man's head, a fracture in his neck, and marks of suspected assaults with a stick on his buttocks area, the judicial medical officers declared the cause of death an open verdict without specifying a definite reason. Parts of the body have been sent to the Government Analyst for a final decision, and the body has been handed over to the wife by Kalubowila Hospital for burial.
This open verdict has created a legal impediment to immediately arresting the suspected police officers, treating the death as a homicide. The Government Analyst's report will take more time to arrive, and by order of the Inspector General of Police, further investigations have now been assigned to the Police Special Investigations Unit and the Western Province South District Crime Division. In a context where immediate arrests would occur if such a crime were committed by an ordinary citizen, a serious question has arisen regarding the delay in the functioning of the law due to an open verdict. A family has lost their beloved husband and father, and whether true justice will be served for Ishara's mysterious death now depends solely on the upcoming police investigations and the Government Analyst's report.