Date: December 10, 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 5th accused was called before the Court for evidence-in-chief. He testified that he had been arrested on 27th April 2019 in connection with the alleged vandalism of a Buddha statue in Mawanella area on 26th December 2018. He further testified that he learned through news that the police were searching for him, and as a result he fled his home and stayed in several locations. According to his testimony, on the first day and night of his disappearance he stayed at his uncle’s house. At this stage, the Court informed learned counsel to refrain from asking questions that could elicit information relating to the accused’s bad character. The 5th accused further testified that he became aware that his uncle and aunt had been arrested on 12th February 2019, and that they were subsequently released after he gave a statement before the Hon. Magistrate, Mawanella, under Section 127 of the Code of Criminal Procedure. He also testified that the statement he made on 5th September 2025 was not voluntary. He alleged that it was given solely due to promises made by Inspector of Police Marasinghe, ASP Wickremesekare, Police Sergeant Wijeratne, and Dias, who had assured him that his relatives would be released if he provid a statement under Section 127 before the Hon. Magistrate, Mawanella.
The 5th accused further testified that on 5th September 2025 he was brought before the Hon. Magistrate in the Magistrate’s official chamber prior to the commencement of court proceedings. According to his evidence, Police Sergeant Wijeratne informed the Hon. Magistrate that the 5th accused wished to make a statement. The Hon. Magistrate then instructed him to step outside and consider whether he genuinely intended to do so. He testified that thereafter he was kept in a jeep from 9:00 a.m. to 2:30 p.m., accompanied by Dias and an officer named Senadeera, both of whom were armed.
The 5th accused also testified that a letter stating that he had made his statement before the Hon. Magistrate, Mawanella involuntarily was submitted in a case before the Gampola Magistrate’s Court on 13th March 2025. He further testified that he had given a statement before the Hon. Magistrate of Batticaloa when he was first produced in case B 397/19 before the Magistrate’s Court, Batticaloa, in July 2023. He stated that the same statement referred to above was also made before the Colombo Magistrate’s Court No. 3 in case B 48788.
During cross-examination, the 5th accused testified that he did not have a sound mentality when he was brought before the Magistrate. He stated that although he felt this way, he did not inform the Hon. Magistrate because he wanted to act in a manner that would help his relatives, believing that the CID would release them if he complied with their requests. It was suggested to him in cross-examination that the statements he had given before the Magistrate’s Courts in Gampola, Batticaloa, and Colombo were made only after the filing of the indictment and solely on the instructions of his Attorney-at-Law. It was further suggested that Police Sergeant Wijeratne had come directly from his home to Court on 5th September 2019 and was not present in the jeep with the 5th accused, contrary to what the accused had claimed. It was suggested that the 5th accused was giving false evidence by introducing new stories that had not been mentioned during his evidence-in-chief, and that his decision to provide statements before several Magistrates was merely an afterthought.
The 5th accused testified that once he realised the CID officers were not acting in accordance with the promises they had made, he felt compelled to make a statement before a Magistrate and took steps to do so. It was suggested to him in cross-examination that between 2019 and 2023 he had ample opportunity to state that the statement given on 5th September 2019 was made involuntarily, but that he failed to do so because, in fact, the statement had been given voluntarily. It was further suggested that he did not make any complaint to officials from the Red Cross or the Human Rights Commission when they visited him while he was in CID custody, as he had no grievance regarding the voluntariness of the statement.
Upon cross examination the 5th accused testified that while in CID custody he had not been provided with paper or pens to write down a complaint and therefore was unable to formally raise concerns about the statement he made before the Hon. Magistrate, Mawanella, on 5th September 2019. He stated, however, that he consistently had the intention to complain whenever an opportunity arose.
The Court informed that a motion had been filed by learned counsel listing the witnesses he intended to call, noting that three of those witnesses were public officials. The Court indicated that it was unnecessary to call those officials to give evidence. Learned counsel for the 5th accused agreed with this position, and that was duly recorded.
Accordingly, the Court ordered that summons be issued to the 4th and 5th witnesses on the witness list and directed learned counsel for the 5th accused to take steps to secure their presence before the Court on the following day.
The matter was fixed to be called again on 11th December 2025 at 10.00 a.m. for further trial.
Next date: 11th December 2025 at 10.00 a.m.
