Date : 31/07/2024
Case number : HC(TAB) 2972/21
Brief update:
The subject case was taken up before the Trial at Bar for the evidence of PW 2111, PW 2112, PW 2113 and PW 2225 all witnesses were present in court
All accused were present before the court.
The further cross examination of PW2111 the former Magistrate of Mount Lavinia commenced.
The magistrate was questioned on the legal basis of obtaining the statement and he stated that the statement was obtained under Section 127 of the Criminal Procedure Code and not under the PTA.
The counsel for the 11th accused questioned the witness PW2111 on the procedure to obtain such a confession and if all required procedural steps were taken before and during the confession.
Questions were raised as to the form of how the confession was recorded and if it was recorded as said by the accused.
The prosecution objects to the line of questioning stating that these questions were raised in the voir dire inquiry .The counsel for the 11th respondent stated that those questions are essential to establish the gravity of the statement. The court held that the line of questioning is delving into that of the voir dire inquiry and informed the counsel to limit the questions to that of the main inquiry.
The witness was further questioned on portions of the statement that was marked by the prosecution.
Cross examination of PW2111 concluded, the state informed that there will be no re- examination of the witness
The evidence in chief of PW2113 ( former translator at the magistrates court of Mount Lavinia) commenced and the witness identified the statement marked as පැ 165. Evidence in chief concluded and cross examination commenced.
The witness was questioned on the differences in the written and spoken Sinhalese language . Cross examination concluded and no re examination of the witness.
Evidence in chief of witness PW2225 ( stenographer) was led . The witness admitted that she has typed the document පැ 165. Cross examination of the witness commenced and the witness stated that the statement was typed and recorded in the exact manner in which the accused gave the statement. The witness was not subject to re- examination.
Evidence in chief of PW 2112 commenced and he was thereafter subjected to cross examination by the defense and not subject to re- examination. Evidence of the witness concluded
PW2048 to be issued Summons.
Next dates: The case will be taken up on the 1st of August 2024- at 1 p.m for further trial.
