122th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 17 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 17th accused, who had passed away. All parties were represented. The 5th, 15th, and 21st witnesses named in the additional witness list were present before Court, and the prosecution witness, Police Constable Sugath, was temporarily released.
Under Section 420 of the Code of Criminal Procedure Act No. 15 of 1979, it was admitted that on 31st October 2019 the 15th accused was taken before the Judicial Medical Officer (JMO), Dr. K. Vasutheva, by Police Constable Liyanage (No. 87100), together with Medico Legal Examination Form (MLEF) No. 167/19. It was further admitted that the JMO examined the 15th accused, thereafter completed MLEF No. 167/19, handed over the police copy of the said MLEF to Police Constable Liyanage and that Police Constable Liyanage entered the same in the Judicial Medico Legal Examination Form Register.
PW 21, Dr. Punsisi Ayodya Kiriella, JMO, was called to give evidence. He testified that he was well acquainted with Dr. K. Vasutheva JMO, and that he could identify Dr. K. Vasutheva’s signature. However, during cross-examination, the defence requested the Court to make arrangements for Dr. K. Vasutheva, JMO, to give evidence via Zoom technology. Thereafter, the defence marked the Medico-Legal Reports (MLR) dated 24th September 2019 and 31st October 2019 as 15VD3 and 15VD4, respectively. The prosecution informed the Court that they also intended to mark the relevant MLR in due course. The prosecution did not re-examine the PW 21.
PW5 was called to give evidence and testified that Chief Inspector of Police Marasinghe served as the officer-in-charge at the SIU Unit 2, CID, and in Chief Inspector of Police Marasinghe’s absence, he acted as the officer-in-charge. He further testified that on 25th September 2019, at 7.45 a.m., Chief Inspector of Police Marasinghe left for official duties, and he accordingly acted as the officer-in-charge that day. He also testified that at 1.20 p.m. on the same day, the 15th accused was produced before him by Police Sergeant Wijerathna from SIU Unit 2, and informed the Court that he could not identify the 15th accused in Court.
During cross-examination, the defence suggested that the witness gave evidence in Court while omitting certain details for a specific reason, and that on 25th September 2019, PW5 neither ask any questions of the 15th accused, nor received any requests from him. The defence further suggested that the witness was unable to identify the 15th accused in Court because he had not previously encountered him and that PW5 had thus given false evidence in Court. The witness testified that on 25th September 2019, the 15th accused had told him, “I have something pressing on my mind that I need to tell the Court,” and for that reason, he ordered that the 15th accused be brought before Hon. Magistrate, Mawanella to make a statement. It was further suggested that this order had been issued on the instructions of Chief Inspector of Police Marasinghe, who was absent from official duties that day, requiring PW5 to carry out the instruction. The defence also suggested that PW5 had already decided that the 15th accused should give a statement before Hon. Magistrate, Mawanella and had received instructions from Chief Inspector of Police Marasinghe to facilitate this. The defence further suggested that PW5 had exerted influence, threats, and promises over the 15th accused to compel him to give a statement before Hon. Magistrate, Mawanella. PW5 denied all these suggestions.
Upon re-examination, the witness testified that he did not exert any influence, threats, or promises over the 15th accused to make him give a statement before Hon. Magistrate Mawanella.
The Court ordered that a summons be issued to PW18, Dr. K. Vasutheva, JMO, and directed the National Authority for the Protection of Victims of Crime and Witnesses to provide the necessary facilities to connect him via Zoom technology, as well as to facilitate his appearance to give evidence at the High Commission in Pretoria, South Africa.
The matter was fixed to be called again on 18th December 2025 at 10.00 a.m. for further trial.
