121th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 16 Dec 2025 |
Venue: Special Trial-at-Bar, Colombo 07
The case was taken up before the Trial-at-Bar with all accused present, except for the 13th accused who had been produced for a medical clinic at the Maharagama Prison on that day, and the 17th accused who had passed away. All parties were represented and the Court was informed that there is no objection to proceed with the trial in the absence of the 13th accused.
Today, a Sub-Inspector, the 3rd witness named in the additional witness list, was called to give evidence, and in his testimony, he testified that on 18th October 2019, Officers Wickramasinghe, Wijerathna, and Senanayake were present when the 15th accused was produced before the Magistrate’s Court, Mawanella. He further testified that the 15th accused was produced before the Magistrate in official chambers at 10.30 a.m., after which the Magistrate granted time for the accused to consider whether he wished to give a statement, during that period the 15th accused was kept for about one and a half hours in the jeep parked within the court premises. The witness further testified that at around 3.00 p.m. on the same day, the 15th accused was again produced before the Magistrate in official chambers for the purpose of giving a statement, and that the accused gave a statement for approximately three hours, however, as it was not possible to complete the recording of the statement on that day, a further date, 1st November 2019, was fixed for the continuation of the statement. The witness also stated that at around 10.00 p.m. on the same day, the 15th accused was handed back to the CID custody.
He further testified that, before producing the 15th accused before the Magistrate’s Court, Mawanella, on 26th September 2019, the 15th accused was produced before the Judicial Medical Officer, Colombo, on 24th September 2019, in order to examine whether he was in a sound mental condition. He testified that the responsibility of escorting the 15th accused for this purpose had been assigned to him, and that 8 other suspects were also taken before the Judicial Medical Officer, Colombo, on the same day. Accordingly, the prosecution marked a certified copy of the Medico Legal Examination Form (MLEF) bearing No. 155/19 as C4, relating to the production of the 15th accused before the Judicial Medical Officer Dr. K. Vasudeva on 24th September 2019.
During cross-examination, the defence marked the date on which the 15th accused was produced before the Judicial Medical Officer, as recorded in C4, as 15VD2. It was further suggested that the 15th accused made such a statement before the Hon. Magistrate, Mawanella, because the witness had induced the accused to give a statement before the Magistrate in that manner, assuring him that he would thereby be released.
Upon re-examination, the witness was asked whether there was any obstacle to completing the recording of the statement of the 15th accused on 26th September 2019, and the witness stated that there was no such obstacle.
Thereafter, another Sub-Inspector was called to give evidence. The witness stated that detainees held at the Criminal Investigation Department are permitted to make a phone call to their relatives if necessary. He further testified that on 26th September 2019, while escorting the 15th accused to give a statement before the Hon. Magistrate, Mawanella, he was not aware that the 15th accused wished to make a phone call to his two wives, and he also did not know whether Police Sergeant Wijerathna had been informed of this by the 15th accused. The witness further testified that on that day, the 15th accused was brought directly from the CID to the Magistrate’s Court, Mawanella, that the jeep stopped only at the Hela Bojun Hala for breakfast and at no other location, and that none of the 15th accused’s relatives met him en route to the court.
The witness further testified that on 26th September 2019, the 15th accused was not produced before the open court but was brought to the Magistrate’s official chambers at around 2.30 p.m. for the purpose of giving a statement. After the Hon. Magistrate granted time for the 15th accused to consider whether he wished to give a statement, he took approximately half an hour to do so, and when he subsequently gave the statement and left the chambers, it was around 4.00 p.m. As it was not possible to complete the recording of the statement that day, a further date, 18th October 2019, was fixed for its continuation. The witness testified that only the 15th accused, Officer Silva, and he returned to the CID, and that the 15th accused was handed back to custody at 7.34 p.m. He further testified that he did not induce, threaten, or exert any influence on the 15th accused to make the statement. The witness also stated that he had retired on 07th October 2019 and was not aware whether the 15th accused was subsequently produced before the Hon. Magistrate to continue his statement.
During cross-examination, it was suggested that the witness left the CID with the 15th accused at around 6.00 a.m. to produce him for the B 11330/18 case, and that before being brought to the Magistrate’s Court, Mawanella, on 26th September 2019, the 15th accused was taken to another location. It was further suggested that the 15th accused gave a statement before the Hon. Magistrate Mawanella, on that day because the witness had induced him by implying that if he gave such a statement, he would be released. The witness also stated that no additional report was submitted at the time the 15th accused was produced before the Hon. Magistrate, and that the order to produce the 15th accused to give a statement before the Hon. Magistrate, Mawanella, on 26th September 2019 had been issued by Officer Wijerathna, who was acting as the Officer-in-Charge of the SIU-Unit 2 on 25th September 2019.
Upon re-examination, the witness testified that on 26th September 2019, the 15th accused was not taken to any location other than the Magistrate’s Court, Mawanella, and that he did not have permission to take the accused elsewhere. The witness further testified that the 15th accused was produced before the Hon. Magistrate for the purpose of giving a statement because he had expressed his willingness to do so, that there was no obstacle to completing the statement on the same day, and that the witness did not in any way induce the 15th accused to give the statement.
On 24th September 2019, the 15th accused was handed over to Sub Inspector Abeythunga at 3.13 p.m. by Woman Police Inspector Manel for the purpose of being produced before the Judicial Medical Officer and after being produced before the Judicial Medical Officer, Sub Inspector Abeythunga handed the 15th accused back to Woman Police Inspector Manel at 11.00 p.m. on the same day, and this was admitted under Section 420 of the Code of Criminal Procedure, No. 15 of 1979.
On 26th September 2019, the 15th accused was handed over at 5.20 a.m. to Police Sergeant Wijerathna and Sub-Inspector Dias Padmasiri by Officer Anura, for the purpose of being produced before the Hon.Magistrate, Mawanella, and after being produced before the Magistrate, Sub-Inspector Dias Padmasiri handed the 15th accused back to custody at 7.31 p.m. on the same day, and this was admitted under Section 420 of the Code of Criminal Procedure, No. 15 of 1979.
The defence stated that they did not admit that the 15th accused was handed over to Sub-Inspector Abeythunga by Chief Inspector of Police Marasinghe, Officer-in-Charge of SIU Unit 2 of the CID, to be produced before the Hon. Magistrate, Mawanella on 18th October 2019.
On 18th October 2019, the 15th accused was handed over to Sub-Inspector Abeythunga by Woman Police Inspector Kanthi for the purpose of being produced before the Hon.Magistrate, Mawanella, and after being produced before the Magistrate, Sub-Inspector Abeythunga handed the 15th accused back into custody at 9.40 p.m. on the same day, and this was admitted under Section 420 of the Code of Criminal Procedure, No. 15 of 1979.
On 1st November 2019, the 15th accused was handed over to Sub-Inspector Abeythunga by Woman Police Inspector Nilmini for the purpose of being produced before the Hon. Magistrate, Mawanella, and after being produced before the Magistrate, Sub-Inspector Abeythunga handed the 15th accused back into custody at 8.35 p.m. on the same day, and this was admitted under Section 420 of the Code of Criminal Procedure, No. 15 of 1979.
Accordingly, the prosecution informed the court that it was not necessary to summon PW6, PW9, PW10, PW11, PW16, and PW17 on the additional witness list to give evidence in relation to this Voir Dire inquiry.
The prosecution also informed the court that, in relation to this Voir Dire inquiry, PW18 on the additional witness list, Judicial Medical Officer Dr. K. Vasudeva, is currently overseas, and therefore, for the purpose of giving evidence on the judicial medical report prepared and submitted by him, the prosecution intends to include Judicial Medical Officer Dr. Punsisi Ayodya Kirialla in the additional witness list as PW21.
The Court ordered that Summons be issued to PW5, PW15, and PW21 on the additional witness list to appear before this Trial-at-Bar on 17th December 2025 to give evidence in relation to this Voir Dire inquiry.
The court also ordered that Summons be issued to PW19 and PW20 on the additional witness list to appear before this Trial-at-Bar on 18th December 2025 to give evidence, and further ordered that Summons be issued to PW7, PW8, PW12, PW13, and PW24 on the same list.
The matter was fixed to be called again on 17th December 2025 at 10.00 a.m. for further trial.
