High Court commends Magistrate’s approach

The convict was also ordered to pay a further payment fine of Rs 1000 to the victim.

Colombo High Court Judge Padmini Ranawake N. Gunathilaka commended Colombo Additional Magistrate Nishantha Pieris’s judgement during a revision application before the Court.

The Magistrate had convicted a person in robe for intimidating Ven. Baddiya Thera of Sri Maha Bodhi Viharaya in Kirimandala Mawatha Narahenptiya and had ordered the convict to compensate the victim Rs 1,000 per call date of the case together with an additional Rs 17,000 to pay to the victim as compensation.

The convict was also ordered to pay a further payment fine of Rs 1000 to the victim. In default of the payment of compensation or the fine the Magistrate had imposed six months simple imprisonment on each offence to the convict. The convict appealed against the Magistrate’s judgement to the High Court for a revision of the fine and penalty. High Court Judge Padmini Ranawake N. Gunatillake reaffirmed the Magistrate Judgement and observed that Magistrate Nishantha Pieris had deeply taken into consideration the status of the victim and had considered it as mandatory to order the wrong doer to compensate the victim.

Judge Gunatillake reaffirming the judgment of the Magistrate said the role of the criminal law was primarily to punish the wrong doer.

She said criminal law primarily aims to punish the wrong doer. Little attention was paid to the victim and an effect to recompensate the wrong doer to restore the victim to the status quo was the role of the law in total.

Judge Gunatillake said that the Magistrate had carefully analysed the facts of the case and had come the decision, and reaffirmed the Judgement.