{"id":52622,"date":"2012-08-31T15:25:16","date_gmt":"2012-08-31T15:25:16","guid":{"rendered":"http:\/\/www.colombotelegraph.com\/?p=52622"},"modified":"2012-11-21T11:14:43","modified_gmt":"2012-11-21T11:14:43","slug":"pahalagama-somarathana-sentencing-remarks-penetration-of-the-vagina-of-a-9-year-old-in-the-presence-of-the-buddha","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/pahalagama-somarathana-sentencing-remarks-penetration-of-the-vagina-of-a-9-year-old-in-the-presence-of-the-buddha\/","title":{"rendered":"Pahalagama Somarathana Sentencing Remarks: Penetration Of The Vagina Of A 9-Year-Old In The Presence Of The Buddha"},"content":{"rendered":"

By Colombo Telegraph<\/a><\/span> –<\/strong><\/p>\n

\u201cThe fourth and final occasion moved from your room to the shrine room.\u00a0 You were dressed in your robes, you pushed her against a wall, you pulled her knickers down, you inserted your fingers into her vagina.\u00a0 She felt excruciating pain.\u00a0 You said if she told anybody, not only would her mother be very angry, but her father would die.\u00a0 This crime, the fourth and final occasion, has been difficult for many to comprehend, the digital penetration of the vagina of a 9-year-old in the shrine room, in the presence of the Buddha.\u00a0 A betrayal of your religion, betrayal of the Sri Lankan Buddhist community in this country, but above all, a betrayal of the breach of the trust placed in your by xxxxx xxxxxxxxx and others on her behalf, not least her parents, who were strong supporters of you at the time.\u201d said\u00a0Judge Matthews.<\/strong>\u00a0<\/strong><\/p>\n

\"\"<\/a>

Pahalagama Somaratana with President Rajapaksa<\/p><\/div>\n

Delivering the\u00a0Sentencing Remarks\u00a0of the Pahalagama Somarathana<\/span> <\/a>child abuse case he further said\u00a0“You pleaded not guilty.\u00a0 Your mitigation is inevitably limited.\u00a0 The conduct of your defence involved pointing the finger of blame at your fellow monks.\u00a0 I make it clear that’s not an aggravating feature but it does nothing to assist your mitigation.\u00a0 There has been, even now, a total absence of remorse, you preferring, if the author of the pre-sentence report is correct, to allow, if not encourage, your public to believe that this is all a terrible mistake.”<\/p>\n

Chief Sanghanayaka Thera of Great Britain and chief incumbent of the Thames Buddhist Vihara, Parivenadhipathi of the Vidyaravinda Pirivena, Pahalagama, Gampaha and Chief Lekakhadhikari of the Sri Kalyani Samagi Dharma Maha Sangha Sabha, Pahalagama Somarathana<\/a><\/span> has been convicted of four counts of indecent assault on a underage, sentenced to 7 years in prison Judge Matthews ruled on June 1, 2012.<\/p>\n

“When you said to XXXXX XXXXXXX that she mustn\u2019t tell anyone because her father would die, she believed you, such was your power.\u00a0 And she says in her victim impact statement that she felt as if everything in her life had changed.\u00a0 She loved school, where she was already an outstanding pupil, but she was forced to spend substantial periods away.\u00a0 Her parents who, I repeat, were great supporters of you, had no idea what had gone on.\u00a0 Her doctors brought in a consultant paediatrician to see her.\u00a0 Fortunately for her and indeed for you, that particular crisis period passed.\u00a0 But as she got older and matured, she says – I’ve no reason to disbelieve her – that it affected her relationships with those closest to her, in particular her previous partner and her husband.\u00a0 And if truth be known, the full extent of the impact of your behaviour on her will never be known.” the Judge further said.<\/p>\n

Since almost all Sri Lankan media\u00a0have been censored from covering this case of child sex abuse,\u00a0Colombo Telegraph has\u00a0been covering\u00a0this child abuse case form the beginning.\u00a0This is clearly a public interest issue. Firstly, this story is about the welfare of children; child abuse victims are usually not willing to come forward, but they did. Secondly, this case is based on historical allegations. It is worthwhile for the public to know how Courts deal with historical allegations. Thirdly, Somaratana was a religious leader, who breached the trust of his followers.\u00a0Finally, this same monk Somaratana is running orphanages in\u00a0Sri Lanka. There was a demand from Colombo Telegraph readers to publish the\u00a0Sentencing Remarks made by the trial Judge namely His Honour Judge Matthews\u00a0and we paid the relevant fees to the\u00a0Official Court Reporters to the Crown Court\u00a0and\u00a0only today we managed to\u00a0obtain the full transcript from the transcript writers.\u00a0\u00a0We below produce the\u00a0sentencing remarks made by the judge in full. Please be aware that the victim\u2019s name is deleted by Colombo Telegraph. Official Court Reporters to the Crown Court says this transcript has been prepared without the assistance of case documents and therefore, all spellings are phonetic.<\/p>\n

PRI No: 10436<\/p>\n

Case Number: T2011 7609<\/p>\n

QU\/02144<\/p>\n

IN THE CROWN COURT<\/span><\/p>\n

AT ISLEWORTH<\/span><\/p>\n

36 Ridgeway Road<\/span><\/p>\n

Isleworth<\/span><\/p>\n

TW7 5LP<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Friday, 1st June 2012<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

BEFORE:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

HIS HONOUR JUDGE MATTHEWS<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

– – – – – – – – – –<\/p>\n

\u00a0<\/span><\/p>\n

XXXXXXX<\/span><\/p>\n

– v –<\/p>\n

\u00a0<\/span><\/p>\n

PAHALAGAMA SOMARATANA<\/span><\/p>\n

\u00a0<\/span><\/p>\n

– – – – – – – – – –<\/p>\n

 <\/p>\n

 <\/p>\n

MR ??\u00a0 <\/span>appeared on behalf of the PROSECUTION<\/p>\n

MR JOSEPH STONE <\/span>appeared on behalf of the DEFENCE<\/p>\n

 <\/p>\n

 <\/p>\n

– – – – – – – – – –<\/p>\n

 <\/p>\n

 <\/p>\n

Transcribed from the Official Tape Recording by<\/p>\n

SELLERS LEGAL SERVICES<\/p>\n

(Official Court Reporters to the Crown Court)<\/p>\n

40-43 Chancery Lane,LondonWC2A 1JQ<\/p>\n

Tel: 020 7405 4512 \u00a0Fax: 020 7405 4526<\/p>\n

– – – – – – – – – –<\/p>\n

SENTENCE <\/span><\/p>\n

Friday, 1st June 2012<\/span><\/p>\n

\u00a0<\/span><\/p>\n

 <\/p>\n

S E N T E N C I N G \u00a0\u00a0R E M A R K S<\/p>\n

 <\/p>\n

JUDGE MATTHEWS:\u00a0 Pahalagama Somaratana, you needn\u2019t stand up.\u00a0 You can remain seated for now.\u00a0 You were convicted by a jury of four counts of indecent assault on a female under the age of 13, xxxxxx xxxxxxxxxx, when she was aged 9.\u00a0 You came to this country from Sri Lanka in 1978, at the age of 31 or 32, and you arrived at the Buddhist temple in Chiswick as a junior monk.\u00a0 Mr Interpreter, does he need this to be interpreted?\u00a0 If so, I would be grateful if you would translate it.<\/p>\n

THE INTERPRETER: \u00a0Yes, your Honour.<\/p>\n

JUDGE MATTHEWS:\u00a0 You are clearly a young man of some ability, because within 3 years or so, you were entrusted with the setting up and development of the temple in Selsdon, where from the start you were the chief Buddhist monk, and you retained that role over some 30(?) years or more.\u00a0 Simultaneously you’ve been central to the development of an orphanage and school, together with the temple in Gampaha in Sri Lanka, and you have a devoted following in both countries.\u00a0 However, within weeks of your arrival in Chiswick, you committed the first of four indecent assaults on a young girl, who was aged 9 at the time.<\/p>\n

The first three of these assaults took place in your room at the temple.\u00a0 The attraction for the 9-year-old was the offer of fruit bows(?).\u00a0 On the first of those occasions, while seated at your desk, you put your hand under her dress and under her knickers and touched her in the area of the vagina.\u00a0 Each of the two subsequent occasions followed a similar pattern but progressing to you penetrating her vagina with your fingers.<\/p>\n

The fourth and final occasion moved from your room to the shrine room.\u00a0 You were dressed in your robes, you pushed her against a wall, you pulled her knickers down, you inserted your fingers into her vagina.\u00a0 She felt excruciating pain.\u00a0 You said if she told anybody, not only would her mother be very angry, but her father would die.\u00a0 This crime, the fourth and final occasion, has been difficult for many to comprehend, the digital penetration of the vagina of a 9-year-old in the shrine room, in the presence of the Buddha.\u00a0 A betrayal of your religion, betrayal of the Sri Lankan Buddhist community in this country, but above all, a betrayal of the breach of the trust placed in your by XXXXXX XXXXXXXX and others on her behalf, not least her parents, who were strong supporters of you at the time.<\/p>\n

You pleaded not guilty.\u00a0 Your mitigation is inevitably limited.\u00a0 The conduct of your defence involved pointing the finger of blame at your fellow monks.\u00a0 I make it clear that’s not an aggravating feature but it does nothing to assist your mitigation.\u00a0 There has been, even now, a total absence of remorse, you preferring, if the author of the pre-sentence report is correct, to allow, if not encourage, your public to believe that this is all a terrible mistake.<\/p>\n

I take into account of course the loss of your good name.\u00a0 I bear in mind the passage of time that has elapsed since, and the very many good things that you have undertaken during that time.\u00a0 However, it cannot be said that at the age when you committed these offences you were young and immature.\u00a0 I take into account that you are now aged 66.\u00a0 And when I read all the tributes, the glowing tributes paid to you by very many people in places high and low, and indeed I heard many of them speak very eloquently about you during the course of the trial.\u00a0 I have read your personal letter to me, and I’ve read everything that’s set out in in the pre-sentence report, and I’ve listened very carefully to the very able submissions made on your behalf by Mr Stone.<\/p>\n

The principles the court should follow in cases of this kind, as both counsel have reminded me, are correctly set out in a case called Hall<\/em>(?), a recent case reported last year, and I am also reminded that when I consider the seriousness of the case, that a section of the Criminal Justice Act 2003, section 143, directs me to look at the offender’s culpability in committing the crime and any harm it causes.<\/p>\n

When you said to XXXXX XXXXXXX that she mustn\u2019t tell anyone because her father would die, she believed you, such was your power.\u00a0 And she says in her victim impact statement that she felt as if everything in her life had changed.\u00a0 She loved school, where she was already an outstanding pupil, but she was forced to spend substantial periods away.\u00a0 Her parents who, I repeat, were great supporters of you, had no idea what had gone on.\u00a0 Her (inaudible) doctors (inaudible) brought in a consultant paediatrician to see her.\u00a0 Fortunately for her and indeed for you, that particular crisis period passed.\u00a0 But as she got older and matured, she says – I’ve no reason to disbelieve her – that it affected her relationships with those closest to her, in particular her previous partner and her husband.\u00a0 And if truth be known, the full extent of the impact of your behaviour on her will never be known.<\/p>\n

I pass sentence in accordance with the sentencing regime in force at the time of the offences, and the maximum sentence for indecent assault on a female under 13 years of age was 5 years.\u00a0 And in passing sentence, I bear in mind the principle of totality.\u00a0 So please stand up.\u00a0 The sentence I pass in relation to count 1 is one of 12 months’ imprisonment, on count 2, 2 years’ imprisonment, count 3, 3 years’ imprisonment.\u00a0 All those to be concurrent to each other.\u00a0 In relation to count 5, 4 years’ imprisonment, but consecutive to the 3 years on counts 1, 2 and 3, making a total of 7 years altogether.<\/p>\n

You will serve two thirds of that sentence before being subject to automatic release on licence until the expiry of three quarters of your sentence.\u00a0 On the recommendation of the parole board, you may be released after serving one half of the sentence.\u00a0 You’ve been convicted of an offence to which the notification requirements of the Criminal Justice Act 2003 apply, and the period of notice is an indefinite period.\u00a0 Also I order that you are disqualified from working with children, and the Independent Safeguarding Authority or its successor will include you in its barred list.\u00a0 I make that order under the Safeguarding Vulnerable Group Act 2006, section 28.\u00a0 I am also satisfied under section 104 of the Sexual Offences Act 2003 that it is necessary to protect the public or particular members of the public from serious sexual harm from you, and I make a Sexual Offences Prevention Order in the following terms.<\/p>\n

You are prohibited firstly from knowingly residing in the same premises as any child under the age of 16, secondly, engaging in any conversation, activity with a child under the age of 16 unless the parent or other person responsible for the care of that child is present, and supervising such a conversation or activity.\u00a0 This prohibition does not extend to accidental and unsolicited encounters, for example, in public places or shops, provided such encounters are terminated as soon as reasonably practicable.\u00a0 And thirdly, from undertaking any work, whether paid or voluntary, which by its nature is likely to involve contact or communication with a child under the age of 16 years.\u00a0 This order shall remain in force until further order.<\/p>\n

Mr (inaudible), is there anything else?<\/p>\n

NEW SPEAKER:\u00a0 He is entitled to credit, whatever is appropriate, for time spent in custody.<\/p>\n

JUDGE MATTHEWS:\u00a0 I don\u2019t think he is because the regime doesn\u2019t apply.<\/p>\n

NEW SPEAKER:\u00a0 Is that right?\u00a0 (Inaudible conversation) Yes, sorry.<\/p>\n

—-ooOOoo—-<\/p>\n

To read Pahalagama Sri Somaratana and religious child abuse stories click\u00a0here<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

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