Date: December 03, 2025
Case Number: HC(TAB) 2972/21
Venue: Special Trial-at-Bar, Colombo 07
The case was taken up before the Trial-at-Bar. All accused were present, except for the 17th accused, who had passed away. All parties were represented.
Today, State Counsel submitted an additional witness list containing two new witnesses, an Assistant Superintendent of Police (ASP) and the translator, Magistrate’s Court, Mawanella, and stated that these two witnesses were being called exclusively for the ongoing inquiry into the admissibility of the confessionary statement attributed to the 5th accused. In addition, Prosecution Witness (PW) No. 1948 and PW No. 1945, both already listed in the indictment, were also present in court.
The ASP testified that on 4th September 2019, a Police Sergeant brought before him a suspect who was in the custody of the Special Investigation Unit 2 (SIU-2) on the second floor of the Criminal Investigation Department (CID), namely the 5th accused in this case for the purpose of obtaining his approval to produce him before the Mawanella Magistrate to make a statement. He further stated that the 5th accused had made a request indicating that he had something to say before the Mawanella Magistrate, and he identified the 5th accused in court.
He stated that he recorded the relevant details, informed the Officer-in-Charge and then instructed Police Sergeant to make arrangements to produce the 5th accused before the Mawanella Magistrate on 5th September 2019. He testified that the 5th accused did not complain of any threats, inducements or ill-treatment to compel him to give such a statement before the Magistrate. He further stated that the OIC of SIU-2 at the time, Chief Inspector is currently overseas, a fact which the State Counsel also brought to the attention of the Court.
During cross-examination, the defence asked whether the witness was aware that several close relatives of the 5th accused were also in CID custody during this period, and the ASP confirmed that he was aware of this. The State Counsel did not re-examine the witness.
PW 1948, Police Sergeant testified that he was attached to SIU-2 of the CID and stated that the 5th accused first informed him on 29th August 2019 of his desire to make a statement before the Mawanella Magistrate, which he recorded. He further testified that on 4th September 2019, the 5th accused made the same request again, and this request was recorded in the Information Book. He stated that on the instructions of Chief Inspector Marasinghe, he took the 5th accused into his charge and produced him before the ASP to obtain permission to take him before the Mawanella Magistrate. He identified the 5th accused in court and also testified that on 5th September 2019 the 5th accused was not produced in MC Case No. B/11330/2018, as he had been in the custody of a Sub-Inspector. He further testified that at no point did he threaten, induce, or intimidate the 5th accused to make a statement before the Magistrate.
During cross-examination, it was suggested to him that he had failed to record the instructions given by Chief Inspector because the 5th accused had not, in fact, requested to be produced before the Magistrate on that day, and that the 5th accused was not produced in MC Case No. B/11330/2018 on 5th September 2019 and had been subjected to physical and psychological hardship, including not being given food from 9.00 a.m. to 2.30 p.m. The witness denied all these suggestions. The State Counsel did not re-examine the witness.
PW 1945, a retired Sub-Inspector testified that he had been attached to the CID’s Commercial Crimes Division and that on 5th September 2019, he had been involved in matters relating to suspects in MC Case No. B/11330/2018 before the Mawanella Magistrate’s Court. He stated that on that day he transported the 5th accused from the CID to the Mawanella Magistrate to enable him to give a statement, and he identified the 5th accused in court. He stated that the 5th accused was not produced in MC Case No. B/11330/2018 that day. He stated that at around 11.20 a.m., after producing the 5th accused in open court, the Magistrate advised the 5th accused to think further about giving a statement. He stated that the 5th accused was then kept in his custody inside a jeep until about 2.30 p.m., during which time the 5th accused, he and the officers had their lunch inside the vehicle. He testified that about 2.30 p.m., he took the 5th accused to the Magistrate’s chamber, where the Magistrate again advised him to reflect on whether he wished to make a statement and then sent him outside. PW 1945 testified that the 5th accused returned, stating that he had nothing further to consider and that he wished to make a statement. He testified that after the statement was recorded, he returned the 5th accused to SIU-2 at the CID. He further testified that at no point did he make any promise, threat, pressure, or inducement to the 5th accused and he stated that he had no personal relationship with him.
During cross-examination, it was suggested to him that the 5th accused had been subjected to physical and psychological hardship, including not being given food, and that he had been taken before the Magistrate against his will on 5th September 2019, which had necessitated treatment for him at the National Hospital on 6th September 2019. It was further suggested that he had taken the 5th accused to the Magistrate’s Court without the permission of senior officers. The witness denied all these suggestions.
Upon re-examination, the State Counsel sought to clarify that the 5th accused was taken to the Mawanella Magistrate’s Court by PW 1945 on the instructions of senior officers and that he was not produced in MC Case No. B/11330/2018 because he requested not to be produced together with the other suspects in that case. The State Counsel further clarified that the medical treatment received at the National Hospital on 6th September 2019 was not exclusively for the 5th accused.
The Court ordered that Summons be issued to the second additional witness, the translator at the Mawanella Magistrate’s Court, as well as to PW 2141 and PW 1544 Judicial Medical Officer.
State Counsel also informed the court that, since no objection had been raised by the defence regarding the fact that Chief Inspector the OIC of SIU-2, is currently overseas, a record in this regard would be made on the next date.
The matter was fixed to be called again on 8th December 2025 at 10.00 a.m. for further trial.
