Police deny justice to Chinese national allegedly gang raped by Pohottuwa politician

The Chinese national who alleged that she was gang raped by Sri Lanka Podujana Peramuna (SLPP) politician and former Southern Provincial Councilor Krishantha Pushpakumara AKA ‘Raththaran’ and his goons, says that the Police has failed to apprehend the culprits openly defying court orders adding that eventual victory of SLPP presidential aspirant Gotabaya Rajapaksa will deny her justice forever.

Speaking exclusively to The Colombo Telegraph, the Chinese national (name withheld) said the following:

“I’m a 38 year old woman of Chinese nationality and I have worked as a Marketing Manager for 10 years. …..I came to Sri Lanka for a break from work in November 2017, however, I was cheated of money and was severely harassed by three local persons. In Aug 2018, I was directed to Sri Lanka Podujana Peramuna (SLPP) politician and former Southern Provincial Councilor Krishantha Pushpakumara AKA ‘Raththaran’ by a local person because she said Krishantha could help as he was a councilor. Having been brought up in my country, I was used to expecting a high level of credibility and accountability from our local councilors. I lost my residence that moment because two of the fraudsters were my landlords. Hence Krishantha offered me that he could let one room on the Second floor of his family house and I accepted as I had no other alternative. His family was living on ground floor and hence I thought it was safe indeed.”

The Chinese national claims that sexual abuse started from day one.

“However, I was intimidated by him for sex from first night. He and his friends came to dining area outside my room, and they intimidated me by brandishing a gun in front of me, saying he (Krishantha) could influence the police and judge, and saying I was “lucky” being chosen by him! Then Krishantha came to me…”

Thereafter she says some of the persons to whom she reached out to tried to take undue advantage of the situation even leading to further sexual harassment.

“I was shocked after that day and didn’t know what would happen to me if I simply lodge a complaint. I reached to some local people for help. I sent WhatsApp messages to Krishantha’s cousin Asintha Kaushalya (also a member of Southern Province) about the incident and for help. However, Asintha harassed me more by sending messages containing sexual harassment to me and cheated me of money as well.”

“ Later from Feb to Apr 2019, Krishantha forced me for threesome with his driver Suda 3 times by intimidating me that he could carry out abortion in Hong Kong. I was worried even if I complain, police and judge would ignore me. Hence I delayed in lodging complaint till 3 May 2019, and returned my country the same day.”

As such after seeking legal advice and assistance, she lodged a complaint at the Galle Police Station on 3 May and the CIB Case Galle MC 10674 was taken up before Galle Magistrate’s Court the following month.

“In June, there were 2 calling dates at the Galle Magistrate’s Court. Magistrate made orders to arrest and produce suspects before court IMMEDIATELY, because it was now part of judicial procedure, the charge was that of a various nature (i.e. gang rape) as per the B Report filed before court. However, Galle Police ignored and did not take actions defying all orders by Court.”

“In July, I lodged a complaint with the Director of Child and Women’ Bureau. However, the Director cut my phone call many times. Later she told to wait for the Government Analyst’s Report which would take 1-2 years (according to some persons) implying that no other action would be taken before the report (is submitted to Court), which is NOT the correct procedure. Although the Police should arrest and produce suspects at court they only want to drag the case” she lamented.

“There was third calling date at the Magistrate’s Court in August , Police still did not take proper legal action to arrest and produce suspects at court. However my case was then referred to Attorney Generals Department due to the severity of the matter, the reference to my case being SP1/43/2019. I was told it would take several years to obtain Attorney General’s advice as the perpetrators and Police want to drag the case for several years.”

“(Therefore) In Aug, I lodged complaint with the Galle DIG. When I told him police should arrest and produce suspects at court immediately, he also nodded his head. However, few days later, he also told to wait for the Government Analyst’s Report with a possible motive to drag the case,” she claims.

“I have also written to the following significant persons: His Excellency, the President of Sri Lanka, The Minister of Justice, Inspector General Police and the Attorney General’s Department. The Minister of Justice said President and IGP were following up, and IGP said they referred my case to Senior DIG of Southern Province Roshan Fernando. When I called SDIG Fernando directly, he too agreed that the suspects must be arrested and produced before court after reading my statement, but claimed he could not make order to Galle police due to role limitation. If that is the case, the IGP shouldn’t have referred my case to the SDIG in the first place! Everyone is dragging the case.”

She also claimed that the Galle Police had added fabricated evidence in the case file with a possible motive of getting the matter dismissed.

“.. Galle police also put in many false allegations against me in their file to alter the case. For example they said I approached Krishantha with purpose for visa and money. If I needed a visa, I could marry a village boy and didn’t have to approach Krishantha. 2 local people and even a lawyer suggested me to marry a boy for visa easily, but I rejected. If I needed money, I should approach richer people from China not a councilor from Galle village. As such, the Police has included ridiculous claims against me in the case file!”.

“I have waited for 6 months already and still no legal action whatsoever has been taken by police. It is due to sheer influence by Sri Lanka Podujana Peramuna (SLPP) to the police. When I lodged the complaint on 3rd May 2019, a police officer really told me if Krishantha was still the Southern Provincial Councilor (he resigned in Mar 2019 due to another child-rape case), police would have definitely ignored my case!” she said pointing out that being a SLPP politician was like having an open license to sexually abuse women.

“However, police was still ignoring my case (even him being a ex-Councillor)… It is not only me who has suffered from sexual harassment, sexual abuse and cheating. I know of two other Chinese female friends who when they made similar complaints were discouraged by the Police. Due to such discouragement they have not persisted in their claims for justice. I was also told sexual bribery by politicians is very common in Sri Lanka,” she lamented.

Then she unleashed her biggest worry.

“I worry tremendously that my case would be totally ignored after 16th Nov if Gotabaya Rajapaksa wins the election.”

In February 2019, Krishantha Pushpakumara was arrested by the Akmeemana Police over child abuse allegations, and was released on bail shortly thereafter. According to Police, the arrest was made after a complaint was lodged with the police stating that the Pushpakumara had allegedly abused a 16-year-old girl at a devalaya belonging to the suspect in Akmeemana. As per the complaint made by the victim on February 28, the suspect had molested her on February 23 at Devalaya premises.

Pushpakumara later on surrendered to the Police on February 28 and produced before Galle Magistrate Courts where he got released by a Rs. 25,000 bail and two surety bails.

On 18 March Pushpakumara announced his resignation as Southern Provincial Councilor saying he decided to resign due to severe criticism following alleged claims of sexual abuse of a minor. However, just a few days before, he had been invited as chief guest for a prize giving ceremony at a government school in the Akmeemana area.