By Maheesha Mudugamuwa
The initial controversy that surrounded the arrest and release of Sri Lanka Test Cricket Captain Dimuth Karunaratne, following his involvement in an accident last week while driving under the influence of alcohol, has now been laid to rest by the Police.
Police Headquarters defended the actions of the Borella Police to release Karunaratne on police bail despite raising concerns earlier.
Sri Lankan cricket enthusiasts woke up to the news last Sunday that Karunaratne was arrested by the Borella Police over a case of drunk driving which resulted in an accident. The cricketer was, however, released on police bail a few hours later.
In a similar incident, JVP Politburo Member K.D. Lalkantha was arrested on 1 March and later remanded on a charge of driving under the influence of alcohol after his vehicle met with an accident, injuring two women in Anuradhapura.
Reasoning police decisions
The decision taken by the OIC of the Borella Police to grant police bail to Karunaratne was questioned by some, including the Police with Police Media Spokesman SP Ruwan Gunasekara saying that bail had been granted without consulting the DIG Traffic.
When contacted by The Sunday Morning, Traffic Police DIG in Charge Ajith Rohana said that while the OIC acted within the powers vested in him, the IGP or DIG Traffic is usually kept informed if it involves a special case.
“In terms of the provisions of the Code of Criminal Procedure and police orders, the OIC can extend a bail or remand. That is his decision. But generally, when any special case takes place, he must inform the DIG Traffic or the relevant DIG of that area out of courtesy,” DIG Rohana explained.
“In this case, I was actually not aware of that. I was not informed and I think the IGP was not informed either. However, according to the legal provisions, the OIC is entrusted with powers to grant or not to grant bail. That is the duty of the OIC,” he added.
The relevant provisions in this regard are mentioned in the Code of Criminal Procedure Act No. 15 of 1979 under Chapter XI, DIG Rohana said.
A three-wheeler driver was injured and admitted to the Colombo National Hospital after cricketer Dimuth Karunaratne’s car had collided with the three-wheeler at around 5.15 a.m. on Kinsey Road in Borella.
It was reported that the driver of the three-wheeler had sustained minor injuries in the accident and therefore, the cricketer was released on police bail. Karunaratne was granted bail on two personal bails of Rs. 100,000 each after he was produced before the Colombo Traffic Court Magistrate on 1 April. However, the Magistrate has ordered to suspend Karunaratne’s driving license and to direct the suspect to the National Transport Medical Institute (NTMI), and called for a report on him. Further, it was reported that the breathalyser test had revealed that Karunaratne was in fact driving under the influence of alcohol.
Karunaratne off the hook
Comparing the two incidents of Lalkantha and Karunaratne, Police Traffic Administration and Road Safety Director SP Indika Hapugoda told The Sunday Morning that even though the two cases seem to be similar, Lalkantha was not granted police bail as the victims sustained severe injuries and were hospitalised whereas in Karunaratne’s case, the victim had sustained only minor injuries while no damages had been caused to public property. Therefore, the OIC of the police station has power to grant bail, according to SP Hapugoda.
Explaining further, he noted that in a case where someone, who happened to be under the influence of alcohol, caused injury to another person in a traffic accident and if the victim had not sustained severe injuries, the culprit of the accident could be released on police bail under the promise of him being produced before the magistrate as soon as possible.
However, he explained: “But if someone has caused severe injury to another person during a traffic accident and that person (the driver) is under the influence of alcohol, he wouldn’t be granted bail until he is produced before the magistrate and when that takes place, the magistrate would consider whether that person should be released on bail or should be kept in custody. And the other factor is when someone has caused damage to public property, again the police bail cannot be granted.”
In Karunaratne’s case, it was reported that the plaintiff had informed the Police that he did not intend to proceed with the case any longer. The plaintiff’s party had informed the defendant’s party during the court case that the plaintiff was willing to reach a settlement while the defendant had informed the plaintiff’s party that he would purchase a new three-wheeler for the victim. However, the Police are conducting further investigations in this regard and the case would be taken up again on 2 May.
Meanwhile, Sri Lanka Cricket (SLC) launched an investigation into the incident. The SLC later decided to impose a fine of $ 7,500 on Karunaratne after he was found to have violated the “Player Contractual Obligation” he entered into with the SLC.
A media statement issued by the SLC further stated that the recent incident which Karunaratne was involved in amounts to a breach of his contractual obligation with the SLC, but considering Karunaratne's track record, where he has maintained a highly-professional standard as a player, the SLC would not take further action against him.
When The Sunday Morning contacted SLC Manager – Media Prasanna Rodrigo for further comment, he said that imposing a fine was also accounted as disciplinary action and therefore, no further action would be taken against the player.
Gazette notification of new minimum fines for seven traffic offences issued on 1 April
Driving without a valid license
Current fine – Rs. 3,000 to Rs. 6,000
New fine:
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 50,000
---
Employing a driver without a valid driving license
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 50,000
---
Driving under the influence of alcohol
Current fine – Rs. 3,500 to Rs. 7,500
Sentenced to imprisonment for up to three months
Suspension of the offender’s driving license for up to 12 months
New fine – Rs. 25,000 to Rs. 30,000
Sentenced to imprisonment for up to three months
Suspension of the offender’s driving license for up to 12 months
---
Driving without a valid insurance cover
Current fine – Rs. 5,000 to Rs. 25,000
New fine – Rs. 25,000 to Rs. 50,000
---
Overtaking from the left
Current/new:
First offence – Rs. 1,000 to Rs. 3,500/Rs. 2,500 to Rs. 3,500
Second offence – Rs. 2,000 to Rs. 3,000/Rs. 3,500 to Rs. 5,000
Third offence – Rs. 3,500 to Rs. 5,000/Rs. 5,000 to Rs. 25,000
Spot fine – Rs. 2,000
---
Entering a railway crossing negligently
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 40,000
---
Punishment has also been introduced for persons who transport passengers whilst driving under the influence of alcohol. This includes a fine ranging from Rs. 25,000 to Rs. 30,000, cancellation of the driver’s license, and a prison sentence of up to six months.
If a fatal road accident is caused while driving under the influence, a fine ranging from Rs. 100,000-150,000 can be imposed and the offender’s driver’s license will be cancelled. The offender can also be sentenced to prison for a period between two to 10 years.
The fine for causing a road accident resulting in grievous bodily harm will be between Rs. 50,000-100,000 and between Rs. 30,000-50,000 in a case of minor injuries. In addition, the offender’s driver’s license can be cancelled and they can also be sentenced to a prison term.
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The initial controversy that surrounded the arrest and release of Sri Lanka Test Cricket Captain Dimuth Karunaratne, following his involvement in an accident last week while driving under the influence of alcohol, has now been laid to rest by the Police.
Police Headquarters defended the actions of the Borella Police to release Karunaratne on police bail despite raising concerns earlier.
Sri Lankan cricket enthusiasts woke up to the news last Sunday that Karunaratne was arrested by the Borella Police over a case of drunk driving which resulted in an accident. The cricketer was, however, released on police bail a few hours later.
In a similar incident, JVP Politburo Member K.D. Lalkantha was arrested on 1 March and later remanded on a charge of driving under the influence of alcohol after his vehicle met with an accident, injuring two women in Anuradhapura.
Reasoning police decisions
The decision taken by the OIC of the Borella Police to grant police bail to Karunaratne was questioned by some, including the Police with Police Media Spokesman SP Ruwan Gunasekara saying that bail had been granted without consulting the DIG Traffic.
When contacted by The Sunday Morning, Traffic Police DIG in Charge Ajith Rohana said that while the OIC acted within the powers vested in him, the IGP or DIG Traffic is usually kept informed if it involves a special case.
“In terms of the provisions of the Code of Criminal Procedure and police orders, the OIC can extend a bail or remand. That is his decision. But generally, when any special case takes place, he must inform the DIG Traffic or the relevant DIG of that area out of courtesy,” DIG Rohana explained.
“In this case, I was actually not aware of that. I was not informed and I think the IGP was not informed either. However, according to the legal provisions, the OIC is entrusted with powers to grant or not to grant bail. That is the duty of the OIC,” he added.
The relevant provisions in this regard are mentioned in the Code of Criminal Procedure Act No. 15 of 1979 under Chapter XI, DIG Rohana said.
A three-wheeler driver was injured and admitted to the Colombo National Hospital after cricketer Dimuth Karunaratne’s car had collided with the three-wheeler at around 5.15 a.m. on Kinsey Road in Borella.
It was reported that the driver of the three-wheeler had sustained minor injuries in the accident and therefore, the cricketer was released on police bail. Karunaratne was granted bail on two personal bails of Rs. 100,000 each after he was produced before the Colombo Traffic Court Magistrate on 1 April. However, the Magistrate has ordered to suspend Karunaratne’s driving license and to direct the suspect to the National Transport Medical Institute (NTMI), and called for a report on him. Further, it was reported that the breathalyser test had revealed that Karunaratne was in fact driving under the influence of alcohol.
Karunaratne off the hook
Comparing the two incidents of Lalkantha and Karunaratne, Police Traffic Administration and Road Safety Director SP Indika Hapugoda told The Sunday Morning that even though the two cases seem to be similar, Lalkantha was not granted police bail as the victims sustained severe injuries and were hospitalised whereas in Karunaratne’s case, the victim had sustained only minor injuries while no damages had been caused to public property. Therefore, the OIC of the police station has power to grant bail, according to SP Hapugoda.
Explaining further, he noted that in a case where someone, who happened to be under the influence of alcohol, caused injury to another person in a traffic accident and if the victim had not sustained severe injuries, the culprit of the accident could be released on police bail under the promise of him being produced before the magistrate as soon as possible.
However, he explained: “But if someone has caused severe injury to another person during a traffic accident and that person (the driver) is under the influence of alcohol, he wouldn’t be granted bail until he is produced before the magistrate and when that takes place, the magistrate would consider whether that person should be released on bail or should be kept in custody. And the other factor is when someone has caused damage to public property, again the police bail cannot be granted.”
In Karunaratne’s case, it was reported that the plaintiff had informed the Police that he did not intend to proceed with the case any longer. The plaintiff’s party had informed the defendant’s party during the court case that the plaintiff was willing to reach a settlement while the defendant had informed the plaintiff’s party that he would purchase a new three-wheeler for the victim. However, the Police are conducting further investigations in this regard and the case would be taken up again on 2 May.
Meanwhile, Sri Lanka Cricket (SLC) launched an investigation into the incident. The SLC later decided to impose a fine of $ 7,500 on Karunaratne after he was found to have violated the “Player Contractual Obligation” he entered into with the SLC.
A media statement issued by the SLC further stated that the recent incident which Karunaratne was involved in amounts to a breach of his contractual obligation with the SLC, but considering Karunaratne's track record, where he has maintained a highly-professional standard as a player, the SLC would not take further action against him.
When The Sunday Morning contacted SLC Manager – Media Prasanna Rodrigo for further comment, he said that imposing a fine was also accounted as disciplinary action and therefore, no further action would be taken against the player.
Gazette notification of new minimum fines for seven traffic offences issued on 1 April
Driving without a valid license
Current fine – Rs. 3,000 to Rs. 6,000
New fine:
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 50,000
---
Employing a driver without a valid driving license
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 50,000
---
Driving under the influence of alcohol
Current fine – Rs. 3,500 to Rs. 7,500
Sentenced to imprisonment for up to three months
Suspension of the offender’s driving license for up to 12 months
New fine – Rs. 25,000 to Rs. 30,000
Sentenced to imprisonment for up to three months
Suspension of the offender’s driving license for up to 12 months
---
Driving without a valid insurance cover
Current fine – Rs. 5,000 to Rs. 25,000
New fine – Rs. 25,000 to Rs. 50,000
---
Overtaking from the left
Current/new:
First offence – Rs. 1,000 to Rs. 3,500/Rs. 2,500 to Rs. 3,500
Second offence – Rs. 2,000 to Rs. 3,000/Rs. 3,500 to Rs. 5,000
Third offence – Rs. 3,500 to Rs. 5,000/Rs. 5,000 to Rs. 25,000
Spot fine – Rs. 2,000
---
Entering a railway crossing negligently
First offence – Rs. 25,000 to Rs. 30,000
Second offence – Rs. 30,000 to Rs. 40,000
---
Punishment has also been introduced for persons who transport passengers whilst driving under the influence of alcohol. This includes a fine ranging from Rs. 25,000 to Rs. 30,000, cancellation of the driver’s license, and a prison sentence of up to six months.
If a fatal road accident is caused while driving under the influence, a fine ranging from Rs. 100,000-150,000 can be imposed and the offender’s driver’s license will be cancelled. The offender can also be sentenced to prison for a period between two to 10 years.
The fine for causing a road accident resulting in grievous bodily harm will be between Rs. 50,000-100,000 and between Rs. 30,000-50,000 in a case of minor injuries. In addition, the offender’s driver’s license can be cancelled and they can also be sentenced to a prison term.
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