• Defence says burden of proof lies with the plaintiff

Sri Lanka white-ball cricketer Chamika Karunaratne on Monday (8) told Colombo Additional Magistrate Kasun Kanchana Dissanayake, that he was not ready to subject himself to a DNA test to verify the paternity of a child.

This was conveyed to court by Senior Counsel Asela Rekawa appearing on behalf of the respondent cricketer, when a private plaint filed was heard before the Colombo Chief Magistrate’s Court.

Through her private plaint, the complainant has alleged that she had maintained sexual relations with the respondent, resulting in the birth of a child.

She further claimed that Karunaratne had subsequently refused to take responsibility for the child’s paternity and had reneged his promise to marry her.

Via her plaint, she has moved the Court to direct Karunaratne either to marry her or to pay maintenance to the child.

Afterwards, the complainant prayed to the Court seeking an order to ascertain the paternity of her child, and a subsequent direction for a DNA test to establish the biological relationship.

Producing submissions on behalf of the plaintiff, Attorney-at-Law Jerusha Thambaiyah told the Court that a child had been born following the alleged affair between her client and the respondent.

She afterwards urged the Court to issue the requisite order for a DNA test to determine the child’s paternity.

Lawyer Thambaiyah also cited a Court of Appeal precedent which was submitted, insisting that the Magistrate’s Court has been vested with the authority to issue such directions. 

However, the Senior Counsel appearing for the respondent cricketer sternly opposed the application, and maintained that his client categorically denies the paternity of the child in question.

The defence further submitted a photograph to the Court which showed the complaint and an Indian national embracing each other at the time of her relationship with the respondent.

The defence counsel asserted that during the period in which the child was allegedly conceived, the plaintiff had been involved in an alleged relationship with the Indian national.

Counsel Rekawa insisted that while the complainant had levelled serious allegations against his client, the Magistrate’s Court did not have the jurisdiction to force a DNA test, and therefore the burden of proof lay squarely with the plaintiff. 

Upon considering the submissions delivered by both parties, the Additional Magistrate enlarged the respondent on personal bail of Rs. 1 million and fixed further hearing of the case to 30 January next year.

The case had previously been scheduled for 21 November, on which date Karunaratne had failed to be present in Court.

Chamika Karunaratne, 29, has played 26 ODIs and 45 T20Is besides a solitary Test against Australia as a bowling all-rounder, and his most recent appearance was during the Asia Cup T20I tournament in Abu Dhabi against Pakistan in September.