Date : 09/05/2024
Case number : HC(TAB) 2972/21
Brief update:
The subject case was taken up before the Trial at Bar for the evidence of witness No.2111 who was present before the court.
13th and 23rd Accused were not present before the court.
The lawyer appearing for the 13th accused made an application to continue the trial without the 13th accused since he has to go for a medical checkup.
As a previous understanding existed with regards to the 23rd Accused medical conditions the trial was to proceed without the 23rd accused being present.
Witness No.2111 (76th witness) , who is presently serving as the Senior Assistant Secretary of the Judicial Service Commission was previously holding the positions of a Magistrate and District court judge.
The witness was questioned on the duties that were executed by him as the Magistrate of the Mount Lavinia Magistrates court during the period of 2018-2021 , specifically the recording of a statement of a suspect under section 127 of the Criminal procedure code.(Section 127 (3) specifically deals with the recording of a statement, being a confession.)
The Prosecution led questions on a statement that was given by a suspect under section 127 of the Criminal procedure code in case number B917/2019 to the witness who was serving as the Magistrate of the Mount Lavinia Magistrates court at the time.
As per the evidence given by the witness the suspect was given 3 opportunities on three separate days to consider giving the statement and he gave the statement on the 25th of June 2020.
The accused individuals of the present case were asked to remove their masks and stand up and the witness identified the suspect who gave said statement as the 11th accused of the present case. The 11th accused indicated that his name was the name of the suspect that was stated by the witness.
As the statement was noted to be a confession by the state, before marking the statement the counsel for the 11th accused objected to the voluntary nature of giving the statements and requested that an inquiry be held to ascertain the voluntary nature of the 11th accused to give the statement.
Thus, the (Voir Dire) inquiry began and the 76th witness (2111) was cross examined by two counsels for the accused including the counsel of the 11th Accused to determine the voluntary nature of the 11th accused to give said confession.
The cross examination of witness 2111 was not concluded and is to be resumed on the next date.
The witness 2111 is to be present on the next date . Witnesses 2113 and 2114 are to be issued summons to be present on the 14th of May 2024 and witness 2225 is to be added as a new witness and summons are to be issued to said witness to be present in court on the 15th of May 2024
Further trial was fixed for 14th of May 2024.
Next dates: The case will be taken up on 14th,15th and 16th May 2024 at 1.00pm for further trial.
