In an unusual case, a 57-year-old graphic artist from Radawana has been falsely convicted of driving under the influence, allegedly due to a rare diabetic condition that caused a positive reading on a breathalyzer test. Despite having abstained from alcohol since December 24, the motorist, Chula Bandara Banneheke, faced charges after being stopped by traffic police in Kirindiwela on January 2.
Incident Details
Mr. Banneheke and his wife were shopping in Kirindiwela Town when police officers approached him, claiming he was under the influence of alcohol based on the smell emanating from his breath. A subsequent breathalyzer test returned a positive result, leading to his arrest. Although Mr. Banneheke requested to be referred to a Judicial Medical Officer (JMO) for further verification, the police declined.
Released on bail, he was ordered to appear before the Pugoda Magistrate Court on January 7.
Medical Explanation
Following the incident, Mr. Banneheke underwent medical tests that revealed he suffers from a rare condition linked to uncontrolled diabetes. Medical experts explained that diabetic ketoacidosis (DKA), a complication of high blood sugar, can produce ketones. These ketones can create acetone, which may mimic alcohol in breathalyzer readings.
Court Outcome
During the court hearing, Mr. Banneheke’s attorneys, led by senior criminal lawyer Ajith Pathirana, presented detailed medical evidence to explain the false positive result. However, under stress and financial pressure, Mr. Banneheke pleaded guilty. He was fined Rs. 25,000, and his driving license was suspended for three months.
Attorney Pathirana criticized the police for not adhering to proper protocol by refusing a JMO referral or conducting a blood alcohol test, stating it was a violation of the victim’s rights.
Call for Reform
Deputy Minister of Health and Mass Media Dr. Hansaka Wijeyamuni acknowledged that rare medical conditions could interfere with breathalyzer tests, potentially convicting innocent individuals. He emphasized the need for accurate testing methods, noting that the breathalyzer devices used in Sri Lanka are imported by a politically connected business figure.
Dr. Wijeyamuni revealed that discussions with the Deputy Minister of Transport and Highways, Dr. Prasanna Gunasena, have focused on improving the reliability of breathalyzer screening tools.
Complaint and Global Precedent
Mr. Banneheke has filed a complaint with the Gampaha SSP against the Kirindiwela Police, and an inquiry is ongoing. He also highlighted similar cases reported globally, where individuals tested positive for alcohol due to medical conditions without consuming liquor.
This case underscores the importance of adopting advanced and accurate testing methods while ensuring proper procedures to prevent wrongful convictions and uphold public trust in law enforcement.
