Date : 04/06/2024
Case number : HC(TAB) 2972/21
Brief update:
The subject case was taken up before the Trial at Bar for the trial of the 11th accused.
23rd Accused was not present before the court. As a previous understanding existed with regards to the 23rd Accused’s medical condition the trial was to proceed without the 23rd accused being present.
The counsel for the 23rd Accused raised concerns regarding the health and safety of the 23rd accused. He claimed that the accused was not given proper after care following a heart surgery and that he was made to walk to the ambulance less than 7 hours post surgery. Thereafter he stated that the accused was transferred to another prison the day after surgery and was brought back to the Welikada prison. The counsel claimed that he is to be transferred to Boossa prison in 2 to 3 days time when he is to be presented before the prison doctor in the coming 2 weeks.
The learned counsel presented the medical reports and images of the accused being made to walk to the ambulance and sought an order from court claiming that the health and safety of the accused was at risk.
Court held that an order will be made following a discussion and review of the facts and verifying the same with the prison authorities.
Thereafter the inquiry ( voir dire) re-commenced with the evidence in chief of the 11th accused. The accused gave evidence in Sinhala.
The accused denied giving a statement and claimed that he was made to sign several documents while he was detained by the Terrorist Investigation Division (TID). He claimed that he was offered an immunity deal in exchange for information by the TID inquiry officer and the TID director at the time, and that they requested him to make a statement. However the accused stated that he refused said offer as he required his parents counsel on the matter.
The accused claimed that he consulted his parents and that they advised him to agree to the request of the TID. Thereafter the accused stated that he agreed to the TID conditions to prevent himself from going to jail and to protect his parents.
He stated that he was given a statement to be memorized at the TID. Further, the accused stated that he repeated the details that he memorized of the statement and claimed that he was in fact coached by the TID officer to make the statement.
The accused admitted that he went on two occasions to the Magistrates court to make said statement and that a statement was made at the judges chamber. He admitted that the process of making said statement was informed by the translator present.
Accused claimed he was more familiar with Sinhala than with tamil. He admitted that a statement was made at the Magistrates chamber and stated that said statement was not made voluntarily.
Evidence in chief of the 11th accused was concluded.
Cross examination of the 11th accused commenced.
During the line of questioning the Accused was questioned on purchasing a bike in 2018 and the receipt of purchasing the bike was admitted by the accused and marked as X2 by the state.
With regards to the statement given before the Magistrates court, the accused admitted his signature was on the statement but stated that he did not sign a statement on that particular day and stated that he was not explained nor given the opportunity to read the statement. Thus the accused denied the content set out within the statement.
The accused was questioned on three separate statements that were made by him on separate occasions and he stated that he was unaware of the details in the three statements but admitted he signed the statements.
The cross examination of the 11th accused was not concluded and is to resume on the next date.
The father of the accused (1st witness for the 11th accused) was warned to be present tomorrow (5th of June).
Further trial was fixed for the 5th and 6th of June 2024.
Next date: The case will be taken up on 05th of June 2024 at 1.00pm for further trial.
