What really happened to Sumith?

The JMO’s report and a new witness account compound the mystery of the Embilipitiya death:

by Dhaneshi Yatawara

The broken glass windows on the second floor

A button from a police uniform

Spot where Prasanna fell

Place where heavily bleeding Prasanna fell

Shashika Nishamani - Wife of Sumith Prasanna

The Medical Report released by the Ratnapura JMO, last week revealed the youthful party-goer Sumith Prasanna Jayawardena of Embilipitiya, may have died due to cut injuries and resultant shock leave the question whether the cause of the injury was due to the police assault or an accidental fall unanswered.

The Medical Report states the cause of death as: “organ failure as a result of complexities occurred in multiple organs due to shock resulting from excessive bleeding due to cut injuries to blood arteries and veins in his upper limbs.” The conclusion is based on three reports - i.e. the report dated January 7, 2016 on the investigations at the location, the postmortem report dated January 8, 2016 issued by the Judicial Medical Officer and the report on the inquest of the Magistrate dated January 8, 2016.

Wheels of justice

As far as the police are concerned, the Report is a step in the right direction because this may help investigators clear police officers from direct responsibility for the death. Prasanna’s grieving family and friends, however, feel the wheels of justice are grinding slowly, as they wait for the truth of the tragic disruption of a coming of age party that got too wild and nosy.

Last Friday, Embilipitiya Additional Magistrate Prasanna Fernando released the JMO, Dr T.B. Gunatilake’s report on the cause of death of Sumith Prasanna Jayawardene.

Prasanna was killed following a clash on the evening of January 7 reportedly between the police and party goers. The party was held on the half-completed upper floor of a row of shops.

Party-goers claim the raiding police officers had aggressively demanded to be served liquor and had harassed them. The police, now embroiled in a possible murder probe, insist they had been summoned by neighbours complaining of disturbance caused by the party and that they had difficulty controlling the revellers. The police deny the liquor demand allegation.

According to the police, the initial visit by the police was by its Mobile Unit comprising four officers who had responded to a 911 call by a neighbour, complaining about the disturbance caused by the the party. As the mobile unit could not control the situation, the HQI of the Embilipitiya Police was informed. He arrived with several other officers, and when the situation went beyond the control of the HQI, the ASP was informed. In the ensuing clash, other party-goers allege that the ASP pushed Sumith Prasanna from the unprotected upper floor of the party venue.

Accidental fall

Vijitha Punchihewa	Udul Premaratne

The accused police officer, ASP D. W. C. Dharmaratne, was not granted bail at last week’s court hearing, as anticipated. The Magistrate’s ruling last week was only on the cause of death. The case will now proceed with continued police investigations and judicial inquiry to establish whether the cause of the injuries that resulted in the death was due to police violence or other human agency or an accidental fall.

The victim’s family, has produced four witnesses so far. Two of them, Sumith’s wife and another male party-goer, are eye witnesses who claim they saw the police push Prasanna off the unprotected, incomplete, upper floor slab of the building which was approximately 12 feet above the ground.

The third witness is the victim’s mother. The fourth is a young man who was identified by the CID through CCTV footage as a person who was at the scene of the incident.

According to lawyers representing the victim’s family, the case will be handled with four witnesses. “There are other witnesses but, they will be brought in only if it is necessary as the case progresses,” said Attorney A. According to him, this is to protect witnesses.

Attorney Vijitha Punchihewa, also of the family’s legal team said the second witness came forward with his crucial testimony, only after the police officers involved in the incident had been taken into custody. “He gave evidence at the Magistrate’s Court on February 3, he said.

According to the Acting Magistrate’s order ASP Dharmaratne will be produced in court on March 2.

The Police, however were unhappy over public and media speculation on the cause of death, even before investigations brought to light the exact evidence required to establish the details of the circumstances that led to the Prasanna’s death.

Police at the scene of the crime (Crime scene pictures by Police Media Unit)

According to the police, the evidence collected by the Scene Of Crime Officers (SOCO), show that Prasanna was not pushed off the upper floor slab.

Unruly party-goers

Explaining the evidence collected, Police Spokesman ASP Ruwan Gunasekara said Prasanna had apparently been bleeding heavily. “There was a lot of blood in every place,” he added.

According to ASP Gunasekara, there is evidence to prove that Sumith broke two glass doors on the second floor of the building while trying to escape the police raid.

The police said when ASP Dharmaratne ordered the arrest of the unruly party-goers, all those at the party escaped by running away from the building in all directions.

“In the clash police officers were also assaulted. The HQI’s cut injuries needed seven sutures,” the Police Spokesman said.

Asked whether there was a necessity for the ASP to arrive at the scene, the Police Spokesman said standard procedure is that if the ASP is informed by the HQI that the situation was going beyond his control, the relevant ASP had to be present at the scene.

According to the police, another witness, Dumith Deshan Abeywickrama (27), has come forward to testify that he saw Prasanna breaking the two glass doors and attempting to get away, while bleeding heavily. Abeywickrama has reportedly then seen Sumith falling from the upper floor slab and confirms that he did not see anyone else near him.

The witness has said it was he who had stopped a trishaw and sent Prasanna to hospital. He confirmed in his evidence earlier at the Magistrate’s Court that he had no doubt that it was Prasanna who fell, as the building was lit up.

“The police is acting on evidence and not hearsay,” Police Spokesman said..

[With reporting by Cyril Jayaweera, Lake House Embilipitiya Cor.]