Date : 01/08/2024
Case number : HC(TAB) 2972/21
Brief update:
The subject case was taken up before the Trial at Bar for the evidence of PW 2048 and the witness was present in court.
All accused were present before the court.
The evidence in chief of the PW2048 Mr. Saman Padmasiri Perera who was an Assistant Superintendent of Police of the Counter Terrorism and Terrorism Investigation Department (CTID)(now he is a retired Superintendent) commenced. Senior Deputy Solicitor General Sudarshana De Silva questioned the witness about the steps (procedure) he followed to take a confession from the 11th Accused under section 16(1) of the Prevention of Terrorism Act (PTA).
Accordingly, the witness testified that on 3rd of September 2019 the 11th Accused met him and said he wanted to give a statement. Then the witness has given printed versions of section 16(1) of the PTA and section 24 of the Evidence Ordinance to the 11th Accused to read. After reading, the Accused has written the date and signature in the documents. Those documents were marked as 166 and 167 respectively. Date and Signature also marked.
Again on 7th of September 2019 the 11th Accused has informed the witness that he wants to give a statement. According to the testimony of the witness, the 11th Accused was sent to a medical officer. After that On the same date the 11th accused gave the confession to the witness in Sinhala.
A defence counsel objected under Section 151 of the Evidence Ordinance for the witness for testifying by reading notes mentioning that the witness can only look at the notes to refresh the memory. Honourable Judges accepted the objection.
Although the prosecution lawyers told the defendants to keep their number plates, the defence lawyers opposed it. However, even though the defendants did not keep such number plates in hand the witness identified the accused in open court.
When the prosecution tried to mark the 11th Accused confession, his lawyer objected to it, however it was temporarily marked as “A1” and started the Voir Dire inquiry. Counsel of the 11th accused started to cross examine the witness.
Other Defence Counsels reserved the right to cross examine the witness.
The witness was advised to appear on the next trial date.
Next dates: The case will be taken up on the 21st of August 2024 and 22nd of August 2024 – at 1 p.m for further trial.
