Rape at the Ambepussa Rest House

Extracted from the memoirs of Rtd. Senior DIG Edward Gunawardena

Ambepussa rest house on the Colombo – Kandy Road in the Warakapola Police area is one of the oldest rest houses in the country. Pippet’s History of the Ceylon Police refers to coffee planters on horseback riding on the Kandy road often taking a break there.

Even in the sixties, when I was the ASP in charge of the Kegalle District, this resthouse catered mainly to the elite. But, occasionally, affluent locals also patronized it. Most importantly it enjoyed a good reputation.

Not many months after I left the Gampaha District and took charge of Kegalle District I had a telephone call one day from Inspector Percy Wijesuriya, the OIC of the Kirindiwela police station in the Gampaha police district. Percy was an outstanding police officer who related an interesting story to me.

A rich overseer of the Public Works Department (PWD) living with his family in the Kirindiwela police area had taken a young servant girl employed by him to look after his children to the Ambepussa rest house and raped her. This girl had been dropped off next morning near her home with instructions not to reveal anything to her parents.

The overseer had subsequently visited this humble home and promised to pay the father of the girl Rs. 5,000/= if he did not complain to the police.

But this poor villager on the way to water his betel plot had met a constable on patrol and mentioned what had happened to his daughter. The constable had cycled back immediately to the police station and informed the OIC.

Percy Wijesuriya, the conscientious officer he was, had driven to the girls home with the constable. Lilian, this girl of 14, had with tears in the eyes related the full story in the presence of her mother. Percy had then taken the girl and the mother to the police station, having left a message requesting the father too to come there. It was after recording her statement that he had decided to call me as the offense had been committed in the Kegalle police district.

On receiving the call I instructed Percy to produce the girl before DMO of the Wathupitiwala hospital and get her examined. I also told him to send an officer to the Ambepussa Rest House and secure the bed linen of the room that had been occupied by the suspect and the victim. This smart OIC told me that he had already done so.

About an hour later he telephoned me again to say that when the girl was being taken to the DMO’s office the suspect was seen coming out of it!

This particular DMO even when I was ASP Gampaha had a reputation as a bribe taker. As the medical evidence is the most vital in a rape case I realized that he could either make or break this case. Something told me that this corrupt medical man will prove to be a stumbling block. As the victim had already been examined by this doctor I had sleepless nights thinking what my next move should be.

In the middle of the night I told the reserve sergeant to send a message to Sub-Inspector Cumaranatunga to meet me at 6 am at my residence. At the same time I told my man Friday, Chandradasa, to prepare breakfast for at least two others.

Bindu Cumaranatunga the disciplined young officer, reported to me five minutes before 6 am. We sat at the dining-table and I briefed him about the case and the action that had already been taken by Percy Wijesuriya and told him that he should take charge of the investigation.

I also told him that a sergeant of the Kirindiwela police will be bringing the victim and her parents to my office at 9.30 am. SI Cumaranatunga then asked me about the room at the rest house and the other evidence. I told him that the room had already been secured with the bed linen taken to custody but statements had to be recorded.

As I was concerned about the medical evidence, I telephoned Dr. George Weerasiri, the DMO of Kegalle and explained my anxieties to him. I was relieved when he requested me to produce the victim before him as the offense had been committed in the Kegalle Police District. Cumaranatunga had breakfast with me and left to Ambepussa with two constables of the Crimes Division to take charge of the bed linen etc. and also record the statements of the witness.

He returned to Kegalle before the victim was brought to my office. He told me that the Rest house keeper and his staff were co-operative and there would be no difficulty in tying up the rest house end of the case.

Cumaranatunga and I then discussed what had to be done. I clearly told him that the victim being a minor she should at all times be accompanied by her mother or better father and mother both. I also told him that she had to be examined by Dr. Weerasiri and also the JMO Colombo, Dr. W.D.L. Fernando, to both of whom I had spoken. He was happy when I told him that producing the girl before these doctors would be his initial task in the investigation.

No sooner the victim, together with her parents, was brought to my office shortly after 9.30 am, by Sergeant Pietersz of Kirindiwela I ensured they were given a snack and tea. My instructions to Cumaranatunga were to take her before Dr. Weerasiri and meet me with the report. It did not take much time for Dr. Weerasiri to tell me on the telephone that that it was a clear case of rape. He said the report would be sent to me through SI Cumaranatunga.

By the time Cumaranatunga arrived with the report, I had prepared a letter to my friend the JMO Colombo, Dr. W.D.L. Fernando requesting him to examine the girl and report as the DMO Kegalle and the DMO Wathupitiwala had made contradicting reports. When I read this letter out to Cumaranatunga he was surprised.

“But Sir, we have not got a report from the Wathupitiwala doctor”, was his instant response. I quietly explained to him that I expected a negative report from him I also told him not to proceed to the JMO’s office if this doctor’s report also indicates rape. True to my expectations this corrupt doctor had stated that there were no signs of rape.

Cumaranatunga had thereafter taken the victim to Dr. Fernando the JMO together with the two conflicting opinions. When I was having lunch at about 1.30 p.m., Dr. Fernando telephoned me to say that the victim had been raped and there was no question about it. I thanked him and requested him to hand the telephone to Cumaranatunga. I told Cumaranatunga to bring all these reports to me safely; and also make detailed notes of all he had done.

I made it a point to tell him to make the girl and her parents comfortable and also arrange their lunch before recording their statements in the afternoon. This responsible Sub-Inspector had also made arrangements for the police matron to be with the victim until the investigations were completed in Kegalle.

The whole investigation was completed without any major problems. The evidence of the victim and her parents, evidence gathered at the Ambepussa rest house and the Government Analysts report on the bed linen was favourable (there was no DNA profiling then). The circumstantial evidence combined to make a cast iron case.

The problem that arose about the crucial medical evidence was also overcome primarily because of the good personal relationships I maintained with the DMO Kegalle and the JMO Colombo.

It took about two more years for this case to reach its fitting climax in the Kandy Assizes.