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Duminda Silva re-remanded : 

Suspect porn video tapes of rape victim to be viewed by Court Registrar

by Sarath Malalasekera

Colombo Chief Magistrate and Additional District Judge Ms. Sarojini Kusala Weerawardane yesterday allowed National Child Protection Authority (NCPA) officials to view a stock of video tapes seized from the residence of UNP Western Provincial Councillor Duminda Silva, remanded for alleged rape of an underaged girl.

The video tapes were taken into custody from the suspect's residence in Pelawatte by the NCPA during a search conducted following a court order.

Altogether, 34 video cassette tapes believed to contain scenes of the victim in revealing postures were taken into custody by NCPA sleuths.

Meanwhile, the Judge yesterday refused an application for bail in respect of Silva and remanded him till September 7.

At the outset the Judge allowed an application by Sub Inspector W. T. G. Wijesena, OIC, Investigation Unit of the NCPA, to view the video tapes. The court directed the video tapes to be viewed in the presence of the Court Registrar.

SI Wijesena submitting a further report in connection with investigations, said they searched the suspect's residence and found 34 VHF videos. The search was conducted in the presence of S. F. J. Sahabandu, officer attached to the Police Legal Department.

The Judge also directed the prison authorities to produce the suspect before the Colombo JMO and obtain a report.

Nalin Ladduwahetty, Senior Counsel for Silva, moving for bail submitted that his client had been acquitted by Kaduwela Magistrate Court for the same offence about six months ago. Therefore, he could not be charged for the same offence again.

The second complaint by the victim to the Dehiwela police was later withdrawn by the victim on July 29, 2003, the senior counsel said.

At this stage, SI Wijesena said the victim withdrew the complaint due to the threats received to her family members.

Ladduwahetty quoting several authorities said this is a bailable offence. The complaint made to the NCPA is completely false. The child's parents knew that his client had an affair with the eldest daughter.

In his lengthy submission, Ladduwahetty said on November 29, 2002 the child's father, made a complaint to the Athurugiriya police stating that Silva had kidnapped his eldest daughter. But investigations revealed that Silva had not committed any offence.

This is the first false complaint made by the child's father against his client, the Senior Counsel added.

After submissions by the Senior Counsel and the NCPA officer, the Judge refused the application for bail and re-remanded the suspect.

Ladduwahetty with U. L. G. Bandara, Namal Perera, U. M. P. M. Madumalee and Mahee Wijeweera appeared for the suspect.

Considering the submissions made by the NCPA authorities earlier, the Judge directed police to provide maximum security for the victim as there had been several death threats to the girl and her family members.

On the last hearing date, Inspector W. T. G. Wijesena of the NCPA Special Investigation Unit filed a report in connection with the complaint made by the 13-year-old victim on August 6.

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