When the matter was taken up before the court, Senior State Counsel Janaka Bandara stated that the CID had revealed two narrations of her abduction story. Senior State Counsel Janaka Bandara appearing on behalf of the Attorney General’s Department informed court yesterday that a written complaint had been received by the Acting Inspector General of Police C.W.Wickramaratne from the second officer of the Embassy of Switzerland Rahul Imbatch.
The Senior State Counsel further stated that the Criminal Investigations Department had launched an investigation based on the written information received by the IGP.“According to the written complaint, the Swiss Embassy staffer was allegedly abducted by a white van on November 25 and she was allegedly questioned about Nishantha Silva who worked at the Criminal Investigations Department as an Inspector. However, the Embassy had not revealed the identity of the victim. The woman in question had been serving as a Visa Officer. They also mentioned that the employee was allegedly abducted and sexually harassed,” Counsel Bandara further pointed out.
The Senior State Counsel informed the court that the alleged victim had hired an Uber taxi to attend her child’s school parents’ meeting at St. Bridget’s Convent (Colombo). The CID had also recorded a statement from the Uber taxi driver.SSC Janaka Bandara further stated that the CID had obtained CCTV footages from St.Bridget’s Convent. “CCTV footages did not reveal that alleged victim Francis came to St.Bridget’s Convent on November 25,” SSC Janaka Bandara also stated.
Subsequently, SSC Janaka Banadara pointed out that they recorded statements from Garliar Baristar on several occasions. According to the second statement given by the suspect, she stated that she had gone to the Palmyrah residencies in Colombo to meet her daughter’s class teacher to assist her with preparing her visa documents.“The suspect Garliar claimed that the incident took place at Palmyrah residencies and she was allegedly assaulted and sexually harassed by unidentified men. Considering all the statements given by the victim, she wants to portray herself as a victim. The suspect lady had allegedly entered the Palmyrah apartment at around 3.30 p.m on November 25 and had come out from the apartment at 5.01 p.m. However, she received three mobile calls from her husband at 4.55 p.m and 5.01p.m. When the CID questioned about time of the incident, she stated that incident had allegedly taken place after 5.01 p.m. She also stated that she had informed her husband and her senior migration officer regarding the alleged incident on December 7”. According to the statement given by the suspect.
Senior State counsel Janaka Bandara also stated that the CID obtained CCTV footage of the Palmyrah apartment and recorded statements from the security officials regarding the incident. After observing the CCTV footage obtained from the Palmyrah apartment, no one had gone to the apartment other than the suspect Garliar Francis at that time. Security officials at the Palmyrah apartment told the CID that the apartment had an intercom facility. “While she was allegedly assaulted by unidentified men, she had received a Whatsapp audio call from the Swiss Ambassador. The suspect, Garliar has not given her mobile phone to the Criminal Investigations and her mobile phone was with the Swiss Ambassador,”SSC Janaka Bandara stated.
Senior State Counsel Janaka Bandara further stated that the CID went to Garlier Francis’ house in Maligawatta. Security officials informed the CID that “the owners of the house had gone abroad on November 26”. SSC Janaka Bandara stated that the CID had revealed that the suspect and her family had been allegedly residing at the Swiss Ambassadors’ residence after the incident.SSC Janaka Bandara pointed out that the Judicial Medical Officer has stated that they had not observed any physical injury on her. “We can’t trust her, her statement is contradictory, and we have to investigate why she is allegedly fabricating such an incident to destroy the image of the country,”SSC Janaka Bandara also stated.
Senior State Counsel Janaka Bandara further told court that the suspect had allegedly committed two offences under Section 120 and 190 of the Penal Code. SSC Janaka Bandara urged to extend her travel ban and that her bail should be denied.Attorney-at-Law Upul Kumarapperuma stated that the report given by the two doctors attached to the Swiss Embassy had clearly mentioned that his client has also been sexually abused and assaulted during the incident.
Taking the submissions into consideration, the Magistrate ordered to remand the suspect till December 30 and imposed a travel ban on her. The Magistrate also instructed the Prisons Authority to take Garniar Baristar to the Mental Health Institute, Angoda on December 19.The Magistrate also instructed the Chief Judicial Medical Officer to handover all the medical reports pertaining to the mental and physical state of the suspect before court.Criminal Investigations Department Director W. Thilakaratna, ASP Indika Lokuhetti and CID Chief Inspector Ranjith Munasinghe appeared for the prosecution.
