Friday, 6 September 2013 03:34
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By Lakmal Sooriyagoda
The cobra girl, Nirosha Wimalaratne alias Dilani who was arrested along with a cobra at Cleopatra nightclub in Kollupitiya pleaded Court yesterday that the charge sheets filed against her should not be signed by the Magistrate and asked Court that she be discharged and acquitted from the case.
President’s Counsel Rienzie Arsakularatne with Wasantha Batagoda appearing for the suspect made this submission before the Colombo Fort Magistrate after filing written submissions against the charges brought by Kollupitiya police.
Police had alleged that the suspect committed an offence under Section 2(1)(b) read with 2(1) of the Cruelty to Animals Act No. 13 of.1907 by possessing a snake whose fangs have been removed which prevented the snake from consuming food in a natural way.
Filing written submissions, defence counsel argued that there is no allegation that the suspect removed the snake’s fangs.
Referring to a Medico-Legal Report submitted by Dr. Ruhul Haq who examined the suspect on 28 August, 2012, six hours after her arrest had stated he found the following bleeding puncture marks; two puncture marks over the right shoulder, two puncture marks on the base of right thumb and four puncture marks on the inner aspect of the left forearm of the suspect. Defence maintained that the Medico-Legal Report flatly contradicts the contents of the charge which allege that the snake was without its fangs.
“Although the draft charge alleges that the snake could not consume food in a natural way, the B report and the further reports filed of records does not reveal any witness having taken up that position in the statements they have made to the Police. On the contrary Premasiri Peiris, the Director of the Reptile Garden of the Zoological Gardens in his undated report has clearly indicated that there was no impediment for the snake to consume food in the natural way,” defence argued.
Finally, defence counsel submitted Court that a charge under Section 2(1) of the Cruelty to Animals Act cannot be established against the suspect in accordance with the medical evidence and the report of the Zoological Gardens contradicts the allegation in the draft charge.
Further magisterial inquiry into the matter was fixed for 26 September.
