Date : 19/06/2024
Case number : HC(TAB) 2972/21
Brief update:
The subject case was taken up before the Trial at Bar for the trial (Voir dire inquiry) of the 11th accused.
All accused were present before the court.
The cross examination of witness:No.2227 ( Coordinator – Legal investigation Division, Dialog Asiata Pvt Ltd) continued .
The further cross examination commenced by inquiring into the authenticity of the document marked X7 and X8 regarding the phone records of the accused. The cross examination of the witness concluded and re- examination commenced.
The witness was questioned on the process of issuing phone records and if said procedure was followed to issues the documents marked X3,X7, and X8 and the witness affirmed that said documents are issued through their computer system. The re examination of the witness concluded and witness was released.
The evidence in chief of the witness no:2226 commenced. The state informed court that they plan to call the witness in the main case and will limit the scope of their questions to suit the context of the Voir Dire inquiry.
The witness engages in landscaping and works as a driver. He stated that during his landscaping work if he gets requests to rent out houses he facilities that. He stated that he assisted one named Nirmali Anuruddhika to rent out a residence in Daluwakotuwa Kochchikade.
The documents X13 was shown to the witness and he recognized the document as his phone records.
The witness stated that he was approached by one named sameer who he met on 10 instances and met in 2018 September. He stated that Sameer was present when the rent agreement was signed and that the witness signed said rent agreement as a witness.
The state sought for the accused to stand in order for the witness to identify the purported party, however the counsel for the 11th accused objected to said identification, on the basis that the witness (2226)was present when the accused names were read out when the case was called on this date and the previous date and as such claims that the witness is already aware of the accused. This objection was recorded in court .
An order was delivered on the matter and the court held that the objections will be considered when analyzing the evidence and allowed the identification of accused to continue. The witness (2226) identified the 11th accused as “sameer” who he met.
The witness also admitted that he identified a photograph of the 11th accused when he gave an initial statement to the TID. The statement dates 2019.06.04 ( document was marked as X16) given by the witness and the identification of the photograph was shown and accepted by the witness who had signed when identifying the image.
Document marked X14 containing the telephone details of the 11th accused was shown to the witness and the witness recognized his telephone number being contacted in said statement. The witness reviewed both records and identified the similar instances where a call has been placed between the witness and the 11th accused in the two records .
The state marked the rental agreement No.18878 however counsel for the 11th accused objected on the basis that the document is a photo copy thus the document was marked subject to proof as X17.
The witness stated that he visited the rental house once a week and the 11th accused was present whenever he went. However he stated from January 2019 the 11th accused nor the people who rented the house were in occupation.
Evidence in chief concluded.
Cross examination of the witness (2226) commenced. Witness was questioned on his association with the owner of the house and on renting out the house . He was further questioned on his involvement when signing the lease agreement. The witnesses cross examination was concluded.
No questions in Re examination of the witness.
State sought permission to enter the notary public as witness No.2228 to give evidence on the lease agreement No. 18878 this sought to amend the list of witnesses. Summons to be sent to witness no.2228.
The state informs that this is the last witness for the voir dire inquiry and thereafter an order may be made regarding the inquiry.
The witnesses No. 2228 is to be present on the next date.
Further trial was fixed for the 27th of June 2024.
Next dates: The case will be taken up on 27th of June 2024 at 1.00pm for further trial.
