Court demands submission of medical reports in Tissanayagam case

[TamilNet, Wednesday, 30 July 2008, 13:33 GMT]
Colombo Additional Magistrate Ms. Malini Abeyratne ordered Terrorist Investigation Division (TID) police to submit the medical examination reports of journalist Tissanayagam, Equality Press Manger Vadivel Yasikaran, and Valarmathi who underwent medical examination 27 May 2008, on the request made by Defence counsel K. V. Thavarajah when the three defendants were produced in Colombo Magistrate Court Wednesday, legal sources in Colombo said.

Attorney Thavarajah, appearing on behalf of Yasikaran and Valarmathi, told the court that when this case was brought to court 27 May 2008 the magistrate had ordered the defendants to be examined by a Legal Medical Officer on the same day and to submit the medical report to the court, on request made by the defendants’ counsel because his client Yasikaran had been assaulted by the police and there were assault injuries on his person.

The police had produced the three defendants before Legal Medical Officer on 27 May 2008 and had submitted the medical examination reports of Tissanayagam and Valarmathi to the court, the attorney said.

Yasikaran, who had been allegedly tortured by police in custody, was examined by Legal Medical Officer Dr. Loganathan on 27 May 2008, and the medical report given to the police, he told.

But, the medical report issued by Dr. Ratnayake who had examined Yasikaran on 23 June 2008 had been submitted to the court instead of Dr. Loganathan’s medical report, and this raises suspicion that Dr. Loganathan’s report was purposely held back, he said.

Attorney Thavarajah requested the court to order the police to submit the medical report of the Legal Medical Officer Dr. Loganathan.

He also pointed out that the defendants have been held in the custody of the Terrorist Investigation Division (TID) for more than 90 days and this was against the law as a detainee must be brought to court if held in detention of the police for more than 90 days.

Additional Magistrate Ms. Malini Abeyratne ordered the Terrorism Prevention Police to submit the medical reports of Tissanayagam, Yasikaran and Valarmathi issued on 27 May 2008 to the court and postponed the inquiry into the charge related to the detention of the defendants for more than 90 days, to 18 August 2008.

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