It is true that Garniya Bannister pleaded guilty at court-but the case is not simple

(Aruna Jayawardhana)

Ganiya Bannister Francis pleaded guilty for charges against her at Colombo High Court on 14th July. The press in Sri Lanka gave maximum publicity for this case. The key point of all these news, reported by all newspapers, was her acceptance that the complaint, made by her that she was abducted, tortured and detained was a fabricated story,at court.

Due to her pleading guilty at the High Court, Judge Namal Balalle sentenced two years rigorous imprisonment which was suspended for five years. Hence she will not undergo the sentence of imprisonment. She can lead a normal life. But she has to refrain from committing any type of a criminal offence during the suspended period of five years. Somehow if she commits another criminal offence, she will have to undergo the imprisonment period, sentenced for the second offence along with the two years of early sentence. That is the nature of suspended sentences.

The High Court Judge imposed a fine of fifty thousand rupees in default of which her jail term will be extended by another three months. The Judge imposed another two million compensation too. If she defaults this payment, another three months imprisonment. This incident took place on 25th November 2019. It was after five days of Gotabhaya Rajapakshe’s ascending to the presidency. Her complaint was abducting her by a gang in a van in front of Colombo Saint Bridget’s Convent and questioning her for several hours under detention while sexually abusing her. This incident of Ganiya Bannister who serves the Switzerland Embassy as an Officer in the visa section, shocked the whole society.

This incident became a controversy due to several reasons. The Police was investigating a number of murders, kidnappings, disappearances, extortion, crimes and frauds that took place during Rajapaksha regime during the good governess. There were two competent police officers attached to CID who took the lead. One was the in charge of the CID, Superintendent of Police, Shani Abeysekara. The other was Police Inspector, Nishantha Silva. There was a lot of criticism, threats and intimidation over these two police officers at the political stage of Podujana Peramuna during its political campaign for the presidential election in November 2029. The politicians of Podujana Peramuna inducing the presidential candidate Gotagaya Rajapakshe stated in public that they will take stern action against these two police officers in a future government formed by them. Hence it was clear that there will be a threat to the life of these two police officers if Gotabaya wins the presidential election.

Understanding the imminent threat if Gotabaya Rajapakshe wins the election, I.P Nishantha Silva ran away to Switzerland on 24th November 2019. Even though Sani Abeysekara had the same threat, he remained in the country, disregarding the advice of his friends to leave the country. His position was as to why he should run away from the country if he has not done any wrong.

But what happened to him along with the election of Gotabaha proved that the threat he had in case Gotabaya became the President, was almost a thousand times of the prediction. With the election of Gotabaya, he started “The Shani Hunt”. Shani was removed from the CID immediately and appointed him a Personal Assistant to a Senior Police Officer at Galle. Shani Abeysekara was the first Police Officer to be transferred with the election of Gotabaya. After this, Shani was arrested by the police on a complaint, fabricated by the police itself and was kept under remand custody for over one year. Gotabaya Rajapakshe criticized Shani in public. Only what did not happen to him was loss of life. Except for taking his life, the Gotabaya regime gave all other difficulties to him. In case Nishantha did not escape, he too would have faced the same plight or more.

Garniya Bannister complained to the Senior Officers of the Switzerland Embassy that she was abducted and questioned about Nishantha after one day of his leaving, which was 25th November. She claimed that she was questioned about the way Nishantha got a visa to Switzerland, the telephone conversations she had with him and others who got involved in granting the visa. At the early stage of the incident, it was spreading throughout the country that those who abducted her threatened her not divulge anything about the abduction and subsequent incidents. She has complained that when she visited a Teacher on 25th November who was living at Palmyra Road,   a group broke away and threatened and assaulted her while questioning how Nishantha escaped to Switzerland. The Officers of the Criminal Investigation Department had reported that even though they scrutinized the CCTV at the said housing complex where the incident took place, it had not been recorded by the CCTV system. They also reported that even though they questioned the Teacher who was living at the Palmyra Road, she confirmed that such an incident did not take place at her residence as claimed by Garniya.

When this incident is studied from outside, these facts are logical. Nishantha Silva who topped the list of revenge taking, after Gotabaya came to power, had fled the country. This is an utter shame to Gotabaya Rajapakshe’s regime. The question they had was as to how Nishantha Silva escaped from the country. The best person to find it was Garniya Bannister who was a local Officer of the Switzerland Embassy. Touching a Foreign   Officer of the Switzerland Embassy was facing severe diplomatic consequences. Questioning her also should be in a manner of fearing others. The Gotabaya regime had competent groups for that purpose.

The Second Officer of the Switzerland Embassy had complained to the Acting Inspector General of Police that a female Officer attached to the Embassy had undergone such a crime on 27th November 2019. But they did not forward Garniya to the police. As a reason, they claimed that Garniya cannot be forwarded to the police since she is under mental and physical pressure for having been abducted, sexually abused and threatened and she will be forwarded later on.

Somehow, the police initiated investigations on the complaint, made by the Senior Officer of the Embassy. This incident built a controversy locally and internationally. Some stated that Gotabaya Rajapakshe, who had criminal charges including abductions and disappearances while holding the post of Defense Secretary, has started his same criminal activities after becoming the President. The government which was antagonized with the incident tried to highlight that this was  a fabrication to unpopular  Gotabaya   immediately after his  election   as the President.  Hence attacking the incident in return was the strategy of the government.

The police ordered to forward Garniya to them, claiming that they wanted to record a statement from her. It was imminent that Garniya’s incident could create a rift between the Sri Lankan and Switzerland governments. The Switzerland Embassy stood sternly for the welfare of its Officer. The incident ran to such an extent that Foreign Secretary, Pascal Beriswill got down Sri Lankan Ambassador to Germany, Karunasena Hettiarachchi to inform him to delay her questioning since her health was not conducive.  The Foreign Secretary emphasized to the Sri Lankan Ambassador that Garniya’s health should be given   prominence.

The police informed the court that a statement should be recorded from Garniya. On court’s order the police recorded a statement accordingly. The government Attorney informed the court that even though it has been proved that this is a fabricated complaint, the case is investigated due to the nature of the complaint. In the meantime the Foreign Ministry informed the Switzerland Embassy with evidence that the line of events, described by Garniya with sequence of timing do not match with the CCTV footage, GSP records and her transportation data, obtained from Uber.

Garniya’s Attorneys pointed out to the court that the medical examinations, carried out by a foreign Doctor, attached to the Embassy and a local Doctor, confirmed that she had been physically abused. They also requested that if she has to undergo a medical examination by court, to forward her to a female Doctor. Accordingly, she was examined by a female Doctor. On 16th December Garniya was arrested and forwarded to the Magistrate court on a complaint, made by the police by making her a suspect. Garniya was released by Colombo Chief Magistrate, Lanka Jayarathne on 30th December from the remand custody. Her passport too was surrendered by court. The Attorney General filed charges against Garniya at High courts for making a fabricated complaint in 2021. She pleaded guilty at court.

The intention of pleading guilty for a case, is to get pardon with less punishment as a settlement with the Attorney General’s Department. This is common if a suspect thinks that the case is dragging on unnecessarily which causes mental and physical pressure and to finish the case soon. If a suspended imprisonment is imposed by the Judge, it is not an issue at all. It doesn’t mean that the suspect pleads guilty since he or she has done the crime.

It can be a decision, made with the consent of the Attorney General’s Department. When the case was started, her children were in Switzerland. Since her passport was under court’s custody, she couldn’t visit them. The number of witnesses of this case was around 80. Hence it is clear of the duration of the hearing of this case at the court. Accordingly she would have resorted to plead guilty for the case. The relationship between Sri Lanka and Switzerland in 2019, when the case took place and today can be totally different either. The assistance of Switzerland is of utmost importance for the planned Truth and Reconciliation Commission, to be implemented in Sri Lanka in the future. The intention of pleading guilty at court can be the only solution for all these issues. But at court the proceedings took place is usual and the way the court acted was also correct. But it should be understood that there are a lot of facts to be considered, when making headlines for news by the press that Garniya Bannister pleaded guilty for the complaint, made by her too embarrassed Gotabaya Rajapakshe.

-Anidda-