Date: December 08, 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, the Mudliar of the Magistrate’s Court, Mawanella, was called exclusively for the ongoing voir dire inquiry into the admissibility of the confessionary statement attributed to the 5th accused. The Prosecution Witness (PW) No. 2141 and PW No. 1544, both already listed in the indictment, were also present in court.
The Medico Legal Report (MLR) No. 139/19 was admitted under Section 420 of the Code of Criminal Procedure Code No. 15 of 1979 as the learned counsel for the 5th Accused did not object.
A JMO produced the original MLR No. 139/19, dated 6th September 2025, which was marked as ‘B2’. The JMO testified that, according to the report, the 5th accused had no visible physical injuries. During cross-examination, the JMO testified that the 5th accused was examined by a JMO (who is in overseas now) on 6th September 2025, and that report recorded the 5th accused as being of sound mind and without any physical injuries on the date.
Mudliar of the Magistrate Court of Mawanella, the second additional witness, testified after referring the the first volume of the case record in B/11330/2018, that the 5th accused had not been produced before the Mawanella Magistrate’s Court in that matter. She testified that the 5th accused in the present matter was listed as the 17th suspect in case no. B/11330/2018, and that Hon. Magistrate Upul Rajakaruna presided over the proceedings. She further testified that the next date for that case had been fixed for 13th September 2019. Referring to the case record, she further testified that an entry indicated the 5th accused had informed the court of his intention to make a statement before the Magistrate under Section 127 read with Section 277 of the Code of Criminal Procedure Code. She identified the signature of Hon. Magistrate Upul Rajakaruna on the relevant document, which was marked as ‘B1’ by the State Counsel. She further testified that the 5th accused had been brought before the Hon. Magistrate in his official chamber at 2.30 p.m. on 5th September 2019 and that the record included a note stating ‘sending the Mudliar out of the official chamber’. During the cross-examination, the second additional witness testified that the 5th accused remained in the official chamber from 2.35 p.m. to 5.15 p.m. based on the case record. Upon re-examination, the State Counsel tried to clarify that the 5th accused had been produced before the Magistrate twice on the same day.
PW 2141, testified that she typed the statement given by the 5th accused before Hon. Magistrate Upul Rajakaruna on 5th September 2019 from 2.35 p.m. to 5.15 p.m, and that only the 5th accused, the Hon. Magistrate and herself were present in the official chamber. The PW 2141 was not cross examined by the Learned Counsel for the 5th accused and no re-examination was sought by the State.
The State Counsel informed the Court that all prosecution witnesses intended to be called for the inquiry into the admissibility of the 5th accused’s confession had now been examined. The Learned Counsel for the 5th accused required time to obtain instructions from the 5th accused regarding whether the 5th accused would testify, and proceedings were accordingly adjourned until 1.00 p.m.
The 5th accused testified that ten (10) of his close relatives were also in CID custody at that time, and that he was unaware of their situation and was distressed about their condition, including that of his mother. He stated that Police Sergeant Wijerathna, his inquiry officer, took him before ASP L. Wijesiri Wikramasekare, who requested that he make a statement before the Mawanella Magistrate. He agreed to do so solely because CID officers assured him that his detained relatives would be released. He further testified that on 13th March 2023 he had submitted a letter to the Magistrate’s Court of Gampola in case no. B/432/19, informing the Court that the statement made before the Mawanella Magistrate had not been given voluntarily, but was made due to CID pressure and promises concerning the release of his relatives.
Upon the request of learned counsel for the 5th accused, the Court ordered that summons be issued to the Registrar of Colombo Magistrate’s Court No. 3 and to the Registrar of the Gampola Magistrate’s Court, requiring their presence on 10th December 2025.
The matter was fixed to be called again on 10th December 2025 at 10.00 a.m. for further trial.
Next date: 10th December 2025 at 10.00 a.m.
