By Chitra Weerarathne-December 9, 2015, 8:40 am

A domestic aide of Justice Sarath de Abrew, the Judge of the Supreme Court, has told a Judicial Medical Officer that she was sexually assaulted by Justice de Abrew at his residence. The complainant had told the doctor that the petitioner threatened to kill her if she revealed the incident, the Additional Solicitor General, Yasantha Kodagoda, President’s Counsel told the Supreme Court while reading a medico-legal report.
Kodagoda said that criminal proceedings had already been initiated in the High Court against Justice Sarath de Abrew, the petitioner in the fundamental rights violation plea. A criminal prosecution is also pending inquiry in the Magistrate’s Court of Colombo.
The ASG submitted to the Supreme Court a copy of the indictment filed in the High Court by the Attorney General together with the medico-legal report and a list of witnesses.
The medico-legal report is by a medico-legal consultant. It was issued by the Director General of Health Services.
The Attorney General has considered the material submitted to court to indict De Abrew.
The complainant is N. Damayanthi, married with two children. She left her home because her husband beat her. She lived with Lakmali Perera, daughter of the estranged husband’s brother.
Damayanthi arrived at the Mt. Lavinia police station at 12.15 am on June 27 to lodge a complaint. The station duty officer was on duty. He was Sergeant Priyantha. There was another constable Pushpakumara to receive complaints.
Pushpakumara observed that the complainant had a black, swollen left eye, several abrasions on the chest and a large contusion on the right hand side. There were blood patches on the palm of the right hand. Her hair was dishevelled. She looked frightened. The complainant was the only female at the police station at that time.
She said that she had responded to a newspaper advertisement and came to work on June 15, 2015. She identified the petitioner as a judge of the Supreme Court.
She an allegation of assault against the daughter of the petitioner. The first allegation was against the daughter.
The complainant said she had been assaulted by the petitioner with a pistol. She was assaulted on the head and the eye, she said. That evening on June 26, she was assaulted for two hours by the petitioner. Injuries on head and shoulder were caused by a pistol.
The petitioner threatened the complainant that if she left the house she would be charged for theft of money and jewellery and further her children would be killed.
The police issued a hospital ticket. She was admitted at 1.45 a.m. to the Kalubowila Hospital. She was taken to the accident ward by the hospital authorities.
The hospital authorities knew whether a patient needed to be admitted to the accident, the Additional Solicitor General said.
Nothing was planned by the state, he added.
W. J. Rohana Abeysekera, the driver, was given a telephone call in the morning by the petitioner. He said there was an emergency and summoned him early. The driver went at 6.30 a.m. The petitioner wanted the driver to check whether she had been at the police station or in hospital. If the complainant was not assaulted how Justice De Abrew could expect her to be in the police station or hospital, the ASG asked.
Later, Justice De Abrew met an Attorney, at Mt. Lavinia, near the cemetery. They proceeded to the Kalubowila Hospital. Mrs De Abrew was also on that trip. The petitioner asked the wife to have the victim discharged from hospital. Justice Sarath de Abrew, his wife and the lawyer went to the accident ward and spoke to the complainant. Thereby they had interfered with the investigation, the ASG explained.
The petitioner, his wife and lawyer wanted the complainant to get discharged and then warded at a private hospital. The petitioner offered to compensate her. They surrounded the bed. The doctors could not see the patient.
The nurse told the doctor in charge of the ward that some lawyers had come and attempted to take away the patient. A doctor in his statement told the investigations.
Then, the JMO, Dr Ms. Kanshali Kamnayake arrived in the Accident Ward.
On the morning of June 27, 2015 the JMO spoke to the complainant patient who said that she had been assaulted with the pistol butt.
At 10.20 a.m., she revealed that she was victim of a sexual assault. The petitioner sexually assaulted and threatened that she had left having robbed jewellery and money, the Additional Solicitor General, said reading a statement given by the complainant.
The complainant revealed sexual assault by the petitioner, when the JMO of the Kalubowila Hospital spoke to her; she expressed the fear of getting killed by the petitioner.
Later the medical officers of the hospital arranged for police protection to this patient. She was transferred from the Accident Ward to the JMO’s office under police protection.
Taking into consideration all those events one could understand that the complainant had been sexually assaulted in the night of June 15, the ASG said.
At the JMO’s office, the complainant was asked to write her complaint n her own hand-writing as the complaint was against a sitting Judge of the Supreme Court. The complainant patient was in hospital for three weeks.
The JMO observed four injuries on the petitioner due to assault with a pistol. She had also sustained injury while jumping over a parapet wall, the Additional Solicitor General said, reading out a medico-legal report. There was a healed abrasion on the chest. The complainant did not want to make a false allegation against the petitioner, the ASG said. The JMO’s observation corroborated the statement by the complainant.
The JMO wanted the complainant examined by a psychiatrist. The consultant psychiatrist examined her on June 29, 2016. Dr. Manoja Kulatunga noted that the complainant had significant symptoms suggestive of post-traumatic stress, disorder following alleged, sexual, physical and emotional abuse, the Additional Solicitor General explained.
The ASG said the psychological impact on the abused victim would have caused a delay in the complaint reporting sexual abuse.
The bench comprised Chief Justice K. Sripavan, Justice Priyantha Jayawardane and Justice Upali Abeyratne.
Proceedings resume on Dec. 11.