Clarification on Legal Representation for the Minor Girl in the Anuradhapura Abuse Case

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Following the widespread public discussion regarding the abuse of a girl in Anuradhapura, social media posts began circulating yesterday after the case was heard at the Anuradhapura Magistrate’s Court. These posts claimed that while nearly 30 lawyers appeared for the suspect, not a single lawyer appeared on behalf of the victim.

Fact Crescendo investigated these claims. The following is an explanation of the facts based on our findings.

Social Media Posts:

Social media posts alleged that approximately 20 lawyers appeared for the accused, Venerable Pallegama Hemarathana Thero, while no legal representation was present for the victim.

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Following this incident, posts were shared on social media stating that lawyers were ready to represent the girl in question.

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Therefore, we took steps to investigate this matter.

Explainer:

The case regarding the alleged sexual abuse of a minor was heard at the Anuradhapura Magistrate’s Court on May 15, 2026. Mainstream media reports confirmed that several officials appeared on behalf of the girl, including Nittambuwa Headquarters Chief Inspector P.M. Anura Gunawardena, Gampaha Division Police Children and Women’s Bureau OIC Inspector Vinicia Premaratne, and Nittambuwa Police Children and Women’s Bureau OIC Inspector Vasundara Gunaratne. They were assisted by Anuradhapura Headquarters Chief Inspector R.M. Jayaweera and Sub-Inspector A.C. Dayananda, the Case Operations Officer of the Children and Women’s Bureau.

While reports confirmed that private lawyers appeared for the suspect, Venerable Pallegama Hemarathana Thero, they did not indicate that a private lawyer appeared for the girl. However, the suspect’s legal team did not request bail. The Magistrate ordered that the suspect, currently receiving treatment at the Colombo National Hospital, be remanded and produced before the Anuradhapura Chief Magistrate’s Court on May 22. The girl’s mother was also remanded until the same date on charges of aiding and abetting. More information can be found here and here.

National Child Protection Authority

On May 15, the National Child Protection Authority issued a special statement stating that there was no political or external influence from any party in these investigations and that it would do its utmost to defend the girl’s rights.

Nittambuwa Police Station Commander

We spoke with the Nittambuwa Police OIC, as his station is conducting the investigation. He confirmed that he appeared in court on May 15 on behalf of the victim, alongside officers from the Women and Children’s Bureau. He noted that the case file has been forwarded to the Attorney General to expedite proceedings in the High Court. Under Sri Lankan criminal law, the state represents the victim; therefore, the police and the Attorney General fulfill this role in the Magistrate’s Court. He added that while private lawyers can be appointed by the victim’s family, the girl is currently safe and receiving care at Ragama Hospital.

Court reporters

Inquiries with court reporters in Anuradhapura confirmed that while approximately 20 lawyers appeared for the accused on May 15, none appeared for the complainant. In such instances, the police represent the victim. While a family can appoint private counsel, the minor was unable to do so herself, and her mother was a co-suspect in the case. Consequently, the family did not appoint a private lawyer at that time, though there are indications that private representation may be arranged in the future.

Attorney-at-Law Harendra Banagala

To clarify the legal context, we consulted Attorney-at-Law Harendra Banagala. He explained that lawyers in Magistrate or District Courts must be instructed by the involved parties. He noted that while some lawyers may wish to volunteer, doing so without formal instructions can lead to legal complications, particularly if their statements are later challenged by the victim.

He emphasized that the primary responsibility for protecting a minor’s rights lies with the Sri Lanka Police and the Child Protection Authority. In cases involving children under 16, the Magistrate conducts preliminary investigations before referring the matter to the Attorney General. Once referred, the state takes over the prosecution, and a senior government lawyer represents the victim in the High Court. However, the victim’s party always retains the option to appoint private counsel.

In conclusion, the police represent the victim by submitting the “B report” to the Magistrate’s Court. While the suspects had legal representation, no bail was granted on May 15. The lack of private counsel for the girl stemmed from the absence of formal instructions, a situation complicated by her mother being a co-suspect. Nevertheless, an Anuradhapura Court reporter suggests that private lawyers may appear for her in future hearings. The investigation file has been forwarded to the Attorney General, who will decide whether to file a case in the High Court.

Details of the Abuse Case

The Nittambuwa Police took the minor into protective custody following reports of her abduction. During interrogation, she detailed extensive sexual abuse. Medical examinations at Gampaha General Hospital confirmed she had been raped on multiple occasions. The victim stated she was first abused in 2022 by a religious leader in Anuradhapura, and subsequently by a businessman and her boyfriend. Following these revelations, the businessman and the girl’s mother were arrested for abetting the abuse.

Following evidence presented by the National Child Protection Authority, the court ordered the arrest of the primary suspect, Venerable Pallegama Hemarathana Thero. He was arrested on the night of May 9 while receiving treatment at a private hospital in Colombo. Further details can be found here, here, and here.

We invite you to explore our fact-checking efforts.

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