Date : 16/10/2024
Case number : HC(TAB) 2972/21
Brief update:
All accused are present before court and all the accused were represented in court.
The cross examination of Witness no. 1502 commenced. He is a judicial medical officer(JMO) of Colombo. The counsel for the accused questioned the witness on the following:
1. Nature of the inspection of the 11th accused
2. On the accused displaying any symptoms of psychological distress due to long incarceration
The witness stated that he did not display any symptoms of physiology distress and the examination was mainly to examine if he was in good physical health . The witness further stated that he had a free conversation with the accused and the accused did not display any symptoms of mental ailments.
The witness was subject to re-examination by the state and re-examination concluded.
Evidence in chief of witness no.2016 commenced. He is a police Constable by profession working in the investigation division of the TID. He was questioned on accompanying the 11th accused to visit the JMO on the 7th of September 2019 and the procedure followed to hand over the accused to the JMO for the inspection. Document marked A3( Medico Legal Examination Form was shown ). The witness was asked to identify the 11th accused and the accused were requested to stand. The witness identified the 11th accused.
The evidence In chief of the witness concluded and no questions were asked in cross examination.
The counsel for the accused informed court that he can commence limited evidence in chief of the 11th accused as he has received two letters from the Human Rights Commission (HRCSL) referring to the accused and that he needs to get further instructions on said letters .
Evidence in chief of the 11th accused commenced. He was questioned on the date, the nature and the incidents that followed his arrest. He was questioned if his parents were informed of his arrest and the duration of notification. Thereafter questions were asked on his educational background.
The 11th accused gave detailed evidence on his arrest and detention at the TID, he further mentioned that his family was given access to him after 1 week. He gave evidence on his education and stated that he studied in Sinhala medium and was receiving his education for a brief period at a madrasa.
Thereafter he stated that he followed a short course on repairing mobile phones and was employed at a telephone repair shop in pettah .
The evidence is chief of the 11th accused was not concluded.
The counsel for the 11th accused informed court that he intends to call officials from the HRCSL as witnesses to corroborate two documents which refer to the accused . However as per the bar in section 26(2) of the Human rights commission act officials of the HRCSL cannot be called to give evidence apart from the exception set out therein . Court held that the matter is to be deliberated on and for the parties to make relevant submissions and that a ruling will be given in this regard.
Matter was fixed for trial on the next date for the evidence of the 11th accused.
Next hearing: 23.10.2024 at 1.00 PM
