Sri Lanka's first-ever elephant trafficking case Ali Roshan behind bars for 15 years for keeping calf

HC rejects defence's claim that only tuskers require registration

- By BHAGYA SILVA

Niraj Roshan alias Ali Roshan was yesterday convicted by a three-judge bench of the Colombo High Court Trial-at-Bar on two charges of keeping in his possession, without valid permits, a baby elephant named 'Sigithi' and was sentenced to 15 years of rigorous imprisonment, with a fine of Rs. 20.6 million.

The Bench also ordered the Director General of Wildlife Conservation to take steps to vest the said elephant in the State.

The High Court rejected the defence claim that only tuskers require registration, ruling that the Fauna and Flora Protection Ordinance mandates a permit to keep any elephant, regardless of Gazette notifications.

Delivering judgement, Judge Manjula Thilakaratne stated,

"Under Section 22(a) (12) of the Fauna and Flora Protection Ordinance, the elephant taken into custody in this case is to be regarded as one unlawfully captured and unlawfully kept in the possession of the accused. Under that law, such an elephant is deemed public property. It has been clearly established in this case that the elephant was in the possession of the accused. In his dock statement, too, the accused admitted that the elephant was in his custody. Accordingly, it has been proved beyond a reasonable doubt that the elephant was kept by the accused."