Duminda a medical marvel

- Hemantha

‘Research has found that no one had everlived with such extensive injuries to the brain’

October 16, 2012, 10:03 pm

By Mike Andree

When the case pertaining the Baratha Lakshman Premachandra killing came up for mention before the Colombo Magistate Prasanna Alwis yesterday, ASP Shani Abeysekera informed the Court that during discussions he had with Senior State Counsel Madawa Tennakoon, he received instructions to submit certain forensic evidence to the appriopriate authorities and obtain the necessary clarifications. The Court issued notice on the DNA specailists to submit to Court without any delay their report.

Jagath Abeysena, appearing for the accused R. Gamini, who had allegedly shot at Duminda Silva, stated that while some suspects are permitted to obtain treatment, for gunshot injuries, from specialist doctors and surgeons in another country, with all the comforts that others could ill afford. He said his client, who had sustained serious injuries and lost an eye in the incident and had to undergo major surgery at the General Hospital. But when the surgeon who had operated on him gave instructions that he should not be removed from the remand hospital, the doctor at the remand prison, who was not a specialist, had overruled the directive of the specialist doctor and removed his client from the remand hospital and treated him as a normal prisoner.

Counsel added that the highhanded act of the prisons medical officer could impair the sight and even endanger his clients life.

Counsel Abeysena said, that he was requesting the Court to make an order on the basis of the directions on the Diagnosis Ticket and order the Commissioner General of Prisons to send his client back to the Remand Hospital. Magistate Prasanna Alwis acceded to the Counsel’s request and made an order for the prisons department to comply with the orders of the specialist doctor.

Upul Kumarapperuma, appearing for the aggrieved party, said that the entire episode clearly establishes that there were two laws which apply to the ordinary people of the country and Members of Parliament and other important dignitiries and VIPs when they fall foul of the law. In spite of the fact that Duminda Silva is a suspect in this case, his parents were able to take him to Singapore and keep him for nearly one year and he has enjoyed his freedom. Police officers have even visited him in Singapore and recorded his statement and comeback without paying any attention to the order made by the Court.

President’s Counsel Hemantha Warnakulasuriya, appearing for Duminda Silva, stated that the law had been applied without any favour as his client Duminda Silva, who had been a victim of the shooting receiving three gunshot injuries, had been rushed to hospital. Due to the commendable efforts of the surgeons at the Sri Jayawardenepura Hospital his life had been saved. When his parents found that any further stay in Sri Lanka would endanger his life, they had decided to take him to Singapore, Counsel said adding that Duminda had not been made a suspect and no Court had issued any order for his arrest. It was only after the inquest proceedings were concluded by this Court that he was made a suspect.

Counsel Warnakulasuriya then stated that in order to further strengthen his argument he was producinbg a plastic module of the skull made from measurements taken in accordance with the scan pictures using 3D camaras. The frontal sphenoid and the ethmo bones had been completely slashed by the gunshot injuries. Nearly one third of the skull had been damaged by the gunshots of the expert marksman Gamini. There was one cartridge still embeded in the brain which cannot be removed by surgery and if removed he would succumb to it or suffer a permenant disability. He said doctors had performed several operations so that Duminda Silva would be able to live a normal life and the most advanced surgery and scientific operation had been carried out for the first time in Singapore to grow the the shattered skull, by stem plant of the entire region that had been damaged. It has been said by experts that injuries to Duminda Silva’s brain had not been found in a single incident in recorded medical history and that a human being would have survived with such injuries was one of the medical marvels.

Warnakulasuriya said that Duminda has created Medical history as research found that no one had ever lived with such extensive injuries to the brain. He said has received instructions from Duminda Silva’s parents that as soon as doctors certify that he is able to travel, he will appear in Court. Submissions have been made to the Attorney General and according to the evidence, subsequently recorded, after the inquest, it had now been well established that Duminda Silva was one of the first recepients of the shots fired by Gamini, the bodyguard of Premachandra and others, who came to rescue him and take him to hospital, in order to save his life, had only countered a hail of gunfire that was unleashed by Bharatha’s body guards. "We have not done anything against the law. Duminda Silva as a victim of a shooting incident is the main witness against Gamini," Counsel said.

Jagath Abeysena appeared for Gamini, Jayantha Weerasinghe, PC appeared for Chaminda, Upali Kumarapperuma appeared for the aggrieved party and

Hemantha Warnakulasuriya, PC and a team of lawyers appeared for Duminda Silva.