Tuesday 20 September 2016

Magistrate orders immediate arrest of MD who sexually assaulted female employee

 By Shehan Chamika Silva
Rejecting the anticipatory bail application filed into the case, in which a female investment consultant of a leading stocks broking company had been sexually assaulted by its Managing Director, Colombo Additional Magistrate Nishantha Peiris today ordered the police to arrest the suspect immediately and produce before court.
Upon the complaint received from the victim woman, the police had conducted an investigation and subsequently filed a B report informing the court over the alleged suspect as Kosala Udayanga Dhodampe Gamage.
However, prior to the police filing a B report in court, the suspect had filed an anticipatory bail application in Colombo Chief Magistrate's Court in expectation of prevent him being arrested by the police over the incident.
Both Anticipatory Bail Application and Magisterial inquiry into the B report were taken up for the consideration before Colombo Additional Magistrate Nishantha Peiris.
The Magistrate delivering a 79 pages order on the anticipatory bail application, observed that there were no grounds to concern as the allegation was just a mere move of the victim.
He observed if the suspect is concerning over tarnishing his reputation by the victim, the suspect has a legal provision to file a ‘dialect law suit’ in District Court demanding remedies to the incident.
Further, The Magistrate considered that the rights of the suspect were not violated when the victim had lodge a complaint with police seeking an inquiry over the incident.
According to the aggrieved party counsel, Susantha Kumara and Kosala Jayakody, the victim woman was earlier demanded to have a sexual relationship with him by the suspect and following the refusal of the victim on that demand the suspect had assaulted her sexually at the stair cases of the office, where the CCTV cameras were not operating.
However, the counsel appeared for the suspect told earlier court that the allegation was completely a haphazard as the victim woman was suspended by his client prior to this incident over an inquiry into the finacial fraud at company.
The police in the B report had stated that the suspect had allegedly committed an offence fell under section 345 (Sexual harassment) of the penal code.

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