COLOMBO
In February 2023, two soldiers of Sri Lanka army, who had been deployed to assist the narcotics division of Sri Lanka was arrested for causing the death of a bystander.
The events transpired when the said soldiers, who was deployed on an intelligence gathering mission to a housing complex in Borella had to resort to the arresting of a suspect who has been behaving in an unruly manner and evading arrest. In the process of arresting the said suspect, an accidental shot fired by the official weapon of one of the soldiers resulted in the death of a bystander.
The two soldiers had thereafter surrendered to the Borella police and was placed under arrest and produced before the Magistrate’s Court of Colombo.
The suspects had been initially produced to court for the offence of Murder under the 296 of the Penal Code, an offence which the Magistrate’s Court is unable to grant bail.
Appearing for the suspects Senior Attorney-at-Law Mr. Shiraz Noordeen with Pasan Weerasinghe, Attorney-at-Law contended that the alleged offences fell under Section 298 of the Penal Code and not Section 296, as the former is bailable. Section 298 is an offence of culpable homicide not amounting to a murder.
On the application of the Counsel, the Court has directed the Borella Police to finalise the investigation proceedings. As such, officer from the Legal Division of Sri Lanka police today appeared before Colombo Additional Magistrate Rajinda Jayasuriya and informed that the suspects had in fact alleged to have committed offence of culpable homicide not amounting to a murder.
As such, the Colombo Additional Magistrate Rajinda Jayasuriya enlarge the suspects on strict conditions of bail and fixed the matter for further steps to 13/09.
