Rishad’s BIL released on personal bail of Rs. 500,000

• Counsel says the JMO report asserted that no damage had been caused to the hymen of the victim and no penetration had taken place
• Cinnamon Garden Police tells Magistrate they remanded suspect presuming there would be public protest if suspect was released on bail
• Magistrate says Police had no authority to remand persons on presumption

By T. Farook Thajudeen

Colombo Chief Magistrate Buddhika Sri Ragala yesterday released former Minister Rishad Bathiudeen’s brother-in-law Shiabdeen Ismath on a personal bail of Rs. 500,000, in the case in which the suspect was alleged to have raped an underaged female domestic aide in 2016.

At the onset of the matter Counsel Hematha Gamage appearing with Sampath Hewamanna, Wahabdeen Akram, Niranjan Iriyagolla, Malinda Jayasinghe and Niranjala Gunathilaka submitted that the Police had arrested the suspect and remanded him arbitrarily without any reasonable cause. 

He said subsequent to the arrest of the suspect, the Police had produced the victim before the JMO to ascertain whether she had been subjected to rape and sexual assault. The Counsel said the JMO report had asserted that no damage had been caused to the hymen of the victim and no penetration had taken place. The Counsel contended that therefore no rape or sexual assault had taken place and emphasised to the Court that the Police had acted with ulterior motives and had caused an irreparable damage to his client by remanding him.

He said he wanted to know whether the Police remanded his client for rape or statutory rape. He also complained that up to now the Police had not taken a statement from the victim or any other concerned parties and had only remanded the suspect. He moved to release the suspect on bail as the suspect would not interfere with the investigations and would not abscond court.

Cinnamon Garden Police on being questioned by the Magistrate on why the suspect was remanded without a proper investigation or reasonable cause, told the Magistrate that they remanded the suspect presuming that there would be a public protest if the suspect was released on bail.

At this stage the Magistrate critically said that the Police had no authority to remand persons on presumption that there would be a public protest. He said the Police should act more responsibly and released the suspect on bail. His passport was impounded. 

The matter will be taken up for inquiry on 6 October.

The Cinnamon Gardens Police had originally reported to the Court that the suspect had raped a minor girl on two occasions in 2016 while she was working as a domestic aide in the house.

It was alleged that the suspect had taken the girl to a hotel room during a picnic in Nuwara Eliya and raped her. The Police stated that although she had informed his wife about the incident, no action had been taken and that she had later left the servant job.

The Cinnamon Gardens Police is conducting investigations. 

The suspect, Shiabdeen Ismath, is currently in remand custody in connection with the death of the 16-year-old girl who succumbed to burn injuries after working at Rishad Bathiudeen’s house.