125th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 07th January 2026|
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.
Today, the 15th accused was called to give evidence. While testifying, the 15th accused stated that after being arrested by the Kegalle Police, he was detained in a cell on the fourth floor of the CID. He further stated that on 29th April 2019 he was taken to a room located on the first floor of the CID. He testified that he had no necessity or desire to make a statement before the Magistrate, Mawanella. However, officers attached to the CID, namely the Officer-in-Charge of SIU – Unit 2, Marasinghe, and officers Police Sergeant Palitha and Police Sergeant Wijerathne informed him that he would be produced before the Magistrate, Mawanella for the purpose of giving a statement. He further testified that these officers instructed him to tell the Magistrate, Mawanella that the statement was being made voluntarily. The 15th accused stated that although he had no intention to give such a statement, he agreed to do so due to several compelling reasons. He testified that prior to his arrest, he had been successfully running his ‘Star Hotel and Bakery’ business with approximately twenty employees. He further testified that during the period he was held in CID custody, his daughter passed away. In addition, one son from his first wife and one son from his second wife were also arrested. As a result of these circumstances, he stated that he was eager to secure his release from CID custody. He further testified that the Officer-in-Charge of SIU – Unit 2, Marasinghe, promised him that no issues or problems would arise and that everything would be concluded without difficulty, which was another reason he agreed to give the statement.
He further testified that the Officer-in-Charge of SIU – Unit 2, Marasinghe, informed him that it appeared he had no involvement in the case and, therefore, advised him that by making a statement before the Magistrate, Mawanella he would be able to secure his release from the case at an early stage. He stated that Marasinghe further assured him that if he acted in accordance with their instructions, he would face no problems whatsoever. In addition, he testified that Police Sergeant Palitha spoke to him in the Tamil language and told him that he knew an easy way for the 15th accused to escape from the case and that he could assist him in doing so. The 15th accused stated that these assurances and promises led him to develop trust in the officers, and as he was hoping to extricate himself from the case and obtain his freedom, he therefore agreed to give a statement before the Magistrate, Mawanella.
The 15th accused testified that Police Sergeant Wijerathne promised him that arrangements would be made to secure the release of two sons who had been arrested, namely Seyunul Abdeen Absal, the son of his first wife, and Mohamed Tajudeen Asif Ahamed, the son of his second wife. He further testified that Sub-Inspector Dias, also promised that he could assist in bringing the case to an end. He stated that, in this context, he was advised to consider giving a statement before the Magistrate, Mawanella. The 15th accused further testified that Police Sergeant Wijerathne behaved in a friendly manner towards him, whereas the OIC Marasinghe and officers Police Sergeant Palitha and Police Constable Liyanage dealt with him harshly. He testified that while at SIU Unit 2, Police Sergeant Palitha instructed him to extend both his hands forward and then placed several files on his hands, directing him to hold them without allowing his hands to drop downward. He testified that when his hands lowered due to the weight of the files, Police Sergeant Palitha stabbed him with a screwdriver, and that another officer named Dhammika stabbed him on the head with a pen. He further testified that the OIC Marasinghe intimidated him by stating that his family members, including his wife, could also be arrested. He testified that OIC Marasinghe told him that in order to prevent such action, he should give a statement before the Magistrate, Mawanella similar to the statements already given by the 1st and 2nd accused. The 15th accused testified that, as a result of this intimidation and pressure, he agreed to give such a statement.
The 15th accused stated that he gave his statement before the Magistrate, Mawanella on three separate dates, namely 26th September 2019, 18th October 2019, and 1st November 2019. He testified that on 26th September 2019, while being taken to the Mawanella Magistrate’s Court for the purpose of giving his statement, he was instructed to telephone Seyunul Abdeen Fasli, the son of his first wife, and ask him to prepare five food parcels. He further testified that the vehicle was stopped along the way, that he was given breakfast, and that thereafter they proceeded to the Mawanella Magistrate’s Court. He testified that upon arrival, officers Sub-Inspector Dias and Police Sergeant Wijerathne went into the court premises and returned to the vehicle after approximately thirty minutes. Thereafter, the 15th accused was taken to the Imbul Oya cemetery, located approximately two kilometres from the Mawanella Magistrate’s Court, where the final rites of his deceased daughter had been performed. He testified that his eldest son, Seyunul Abdeen Fasli, was present at the cemetery and that he was allowed to remain there for approximately one hour. During this time, while the 15th accused was praying at the place where his daughter had been buried, his son took a photograph of him. He further testified that he was subsequently brought back to the Mawanella Magistrate’s Court, where he gave a statement before the Magistrate. He stated that when he appeared before the Magistrate, Mawanella to give the statement, the Magistrate explained to him that the statement he was about to give could be used to institute legal proceedings against him. He testified that this explanation caused him to feel fear, and that he therefore requested the Magistrate to grant another date to give the remaining part of his statement.
The 15th accused further testified that during the period between 26th September 2019 and 18th October 2019, he was asked to come to the official room of the Officer-in-Charge, Marasinghe. He testified that Marasinghe questioned him as to why he had been unable to complete giving his statement on the first date. The 15th accused testified that he informed OIC, Marasinghe that he had been unable to do so because he felt afraid, and that in response, OIC, Marasinghe told him that he had no involvement whatsoever in the case and therefore had no reason to be fearful. He testified that these assurances by OIC, Marasinghe instilled a sense of trust and confidence in him. He further testified that one of his two sons who had been arrested, namely Seyunul Abdeen Absal, the son of his first wife, was 18 years old at the time of his arrest and had been preparing to sit for the G.C.E. A/L. The 15th accused stated that he was deeply distressed by the arrest of his sons, and because officers had promised to secure their release, he decided to proceed with giving his statement before the Magistrate, Mawanella on the subsequent date.
The 15th accused testified that on all three occasions; 26th September 2019, 18th October 2019, and 1st November 2019, he gave his statements before the Magistrate, Mawanella, not based on his own knowledge, but strictly in the manner instructed by officers of the CID. He testified that he wrote down all the points dictated by those officers on a foolscap sheet of paper, folded it in two, and carried it in his pocket. He further stated that when giving his statement before the Magistrate, Mawanella, he looked at that foolscap sheet which he held in his hand and recited the statement exactly as instructed by the officers. He testified that the Magistrate did not notice that he was referring to the foolscap sheet while making his statement. The 15th accused further testified that when he was produced before a JMO, he stated only that he had been assaulted, but did not provide any further details. He testified that this omission was done on the instructions of officers of the CID. He further testified that although he had been assaulted on his back with a wire and beaten on the soles of his feet with a large wooden ruler, he did not receive treatment for any of those injuries.
During cross-examination, the Prosecution asked the 15th accused whether he had participated, under the alias “Abu Hina,” in the activities of an organization led by Zahran. The defence objected to this question, submitting that such a question could not be raised during the course of the present voir dire inquiry. The defence further submitted that the 15th accused had appeared before court solely to give evidence for the purpose of establishing facts under section 24 of the Evidence Ordinance, and that asking questions of a nature implying criminal conduct would cause serious prejudice to the 15th accused. In response, the court directed the prosecution to reframe the question without mentioning the name of the individual known as Zahran and to put the suggestion in an alternative manner. Thereafter, it was suggested to the 15th accused that he was known by the alias “Abu Hina.” The 15th accused rejected this suggestion. The prosecution further suggested that while some officers of the CID SIU – Unit 2 treated 15th accused kindly, others treated him harshly, and that he nevertheless relied on promises allegedly made by certain officers and, against his will, gave a statement before the Magistrate was wholly implausible and unacceptable. The prosecution suggested that the 15th accused was giving completely false testimony before court. It was further suggested that the arrest of the 15th accused’s elder son, Seyunul Abdeen Absal, was effected due to his participation in the extremist programme at Sippikulam, and that the assertion that officers promised to release the son in return for a statement by the 15th accused was an outright falsehood.
The prosecution suggested that it was unrealistic and impossible to believe that the 15th accused would have given a statement before the Magistrate on the basis of such a promise. The prosecution further suggested that the 15th accused had full knowledge and understanding of the nature of the offence allegedly committed by his second wife’s son, Mohamed Tajudeen Asif Ahamed, as well as of the investigations being carried out in relation thereto, and that it was therefore not credible to claim that the 15th accused believed that such a serious investigation could be brought to an end merely by him giving a statement. It was also suggested that officers of the CID had not proposed or promised to the 15th accused that his sons would be released. Additionally, the prosecution suggested that the 15th accused was aware that, apart from his two sons, there had been no intention or basis during the relevant period to arrest other members of his family, including his wife.
The prosecution further suggested that the evidence given by the 15th accused to the effect that he was taken to the Imbul Oya cemetery by Police Sergeant Wijerathne on 26th September 2019, and that a photograph was taken of him while he was there, was vague and unreliable, and that he was giving completely false evidence to court in that regard. The prosecution also showed the 15th accused a foolscap sheet of paper and asked him to demonstrate how it had been folded while he was before the Magistrate, Mawanella. In response, the 15th accused stated that it was not a foolscap sheet, but an A4 paper and folded the A4 paper sheet in four. At that point, the prosecution suggested that, after folding the paper once in court and realizing that it was still too long, the 15th accused folded it again before presenting it to court, and that his claim of having given a statement by reading from an A4 paper was entirely false. The prosecution further suggested that it would be impossible for the 15th accused to continuously read from a piece of paper for several hours while giving a statement before the Magistrate, Mawanella, without being noticed by the Magistrate, and that the defence’s failure to ask even a single question from the Magistrate regarding whether the 15th accused had referred to a paper while giving his statement was not because such conduct had occurred, but rather because it had not occurred at all. The prosecution further suggested that the 15th accused was altering his position and tailoring his answers to questions in court, deviating from the evidence-in-chief he had given earlier regarding the manner in which he and others were seated in the official chamber of the Magistrate, Mawanella. It was also suggested that during cross-examination conducted by the defence, questions regarding the A4 paper had been asked only of a single typist because the alleged incident had not in fact taken place. The prosecution further suggested that the 15th accused was a witness who was giving false evidence without fear or hesitation before the three-judge bench of the High Court. Additionally, the prosecution suggested that the evidence given by the 15th accused that Sub-Inspector Dias was involved in taking him to the Mawanella Magistrate’s Court on 18th October 2019 and 1st November 2019 was false, as Sub-Inspector Dias had been on pre-retirement leave during that period.
The prosecution further suggested that the evidence given by the 15th accused alleging that officers Police Sergeant Palitha, OIC, Marasinghe, Dhammika, and Police Constable Liyanage assaulted him was false. It was suggested to him that he was giving evidence with full awareness that OIC, Marasinghe is currently officially overseas, while nevertheless attributing all such acts to him. The prosecution further suggested that the 15th accused had never, at any stage, informed the JMO that he had been assaulted by officers of the CID. It was also suggested that the 15th accused had never lodged any complaint with any officer or relevant authority regarding the alleged acts of ill-treatment, and that this was because no such injustice or ill-treatment had in fact occurred. The prosecution further suggested to the 15th accused that his claim of lacking the financial means to obtain legal assistance was false. It was suggested that the 15th accused had never informed his son from his first wife, Fasli, during any of the occasions on which Fasli came to meet him, that he required legal representation, and that this was because no such injustice had occurred.
During cross-examination, documents marked C01, C02, C03, and C2A were shown to the 15th accused. He identified that the document marked C01 bore his signature made using a blue pen, that the document marked C02 bore his signature made using a black pen, and that the document marked C03 bore his signature made using a blue pen. In this context, the prosecution suggested that the evidence given by the 15th accused to the effect that all three statements had been signed by him on 1st November 2019 was false. The prosecution further suggested that the indictment filed against the 15th accused specifically referred to him by the alias “Abu Hina,” and that, in light of this, the 15th accused was deliberately giving false evidence before court. It was further suggested by the prosecution that the 15th accused had intentionally provided an incorrect number as the registration number of his motor vehicle, and that his evidence before court was marked by deliberate falsehoods.
Upon re-examination, the 15th accused testified that he was not aware that the Officer-in-Charge, Marasinghe, had gone abroad. He testified that the registration number of his motor vehicle was 54/7721 and that he had mentioned an incorrect number purely by mistake, emphasizing that he had no intention of deliberately misleading the court. He further identified that in document C2A, both he and the Magistrate had signed using blue and black pens. He also testified that he had made a complaint to the Human Rights Commission regarding the injustices he had suffered. In addition, he reiterated that when giving his statement before the Magistrate, Mawanella, he had read from notes written on a A4 paper while making the statement.
In relation to this voir dire inquiry, the court directed that Seyunul Abdeen Absal and Seyunul Abdeen Fasli, who are listed as witnesses numbers 2 and 3 in the defence’s additional witness list, be present before court on 8th January 2026.
Further, counsel appearing on behalf of the 13th accused informed court that as the 13th accused was required to be produced before Ragama Hospital on 8th January 2026, the defence had no objection to the case proceeding in his absence.
The matter was fixed to be called again on 8th January 2026 at 10.00 a.m. for further trial.
