Date: December 02, 2025
Case Number: HC(TAB) 2972/21
Today, State Counsel sought to mark the confessionary statement of the 5th Accused (recorded before former Magistrate of Mawanella MC) as P-170, and the sealed cover as P-169.
Learned Counsel for the 5th Accused objected to P-170, arguing that voluntariness was already challenged. Court ordered to start the voir dire inquiry of the 5th Accused. Court then proceeded with inquiry into the admissibility of the 5th Accused’s confessionary statement (V1).
V1 is the confession of the 5th Accused, ( 17th Accused in Mawanella MC Case No. B-11330/2018.) Registrar of Kegalle Magistrate Court forwarded the original statement in a sealed cover.
PW 2140, former Magistrate of Mawanella, gave evidence that:
He recorded the confession of the 5th Accused in accordance with Section 127 of the Criminal Procedure Code.
He assessed the accused’s Sinhala literacy and confirmed the voluntariness of the confession.
He made observations during the recording and supervised the placement of signatures of both himself and the accused on the statement.
He identified PW 1945 – a ASP and PW 1948 – a SI as the police officers who had produced the accused before him for the purpose of recording the confession; both officers were summoned to appear tomorrow.
During cross-examination, defence challenged the inconsistencies between V1 and Journal entry dated 05.09.2019.
Defence marked 5VD1, 5VD2, 5VD2A, 5VD3 on the journal entries of the original case record of the Mawanalla MC case No.B/11330/2018
On re-examination, State tried to clarify that the defence’s suggestions were incorrect.
Next date : 3rd day of December 2025 at 10.00 a.m. – continuation of evidence of the voir dire of 5th Accused; through the witness PW 1945 and PW 1948
