126th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 08th 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 and 13th accused. All parties were represented.
The defence informed court that there was no necessity to call witness number 3, listed in the defence’s additional witness list. Accordingly, witness number 2, was called to give evidence-in-chief. In his testimony, he testified that Police Surgent Wijerathna had made telephone calls to him and facilitated opportunities for him to speak with the 15th accused. He further testified that on 26th September 2019, through such a telephone call made by Police Surgent Wijerathna, he was informed to come to the Imbul Oya cemetery, where the final rites of the 15th accused’s deceased daughter had been performed. He testified that on 26th September 2019, the 15th accused was brought to that cemetery and that while the 15th accused was engaged in prayers, he took photographs and a video recording of him.
The defence sought permission to mark two photographs that taken on that occasion, however, the prosecution objected. The court informed that as the defence had failed to issue the mandatory notice required under section 7 of the Evidence (Special Provisions) Act No. 14 of 1995, the photographs could not be marked in evidence today.
During cross-examination, it was suggested that the witness was suppressing material facts and was giving false evidence by changing the position he had taken in his evidence-in-chief. It was further suggested that the 15th accused had never, on any occasion, requested the witness to obtain legal representation on his behalf. The prosecution also suggested that the 15th accused had not been produced before the Mawanella Magistrate’s Court on 18th September 2019, that the 15th accused had not been taken to the Imbul Oya cemetery on 26th September 2019, and that the photographs shown as having been taken there were fabricated. It was further suggested that those photographs were being attempted to be introduced into the trial with the deliberate intention of manufacturing evidence.
During re-examination, the witness reiterated that the 15th accused had requested him to arrange legal representation and testified that the 15th accused had been taken to the Imbul Oya cemetery on 26th September 2019.
Thereafter, the prosecution called Police Sergeant No. 587, Sisira Palitha, as a rebuttal witness. He testified that he had never assaulted the 15th accused on any occasion, that he had not interfered in any way with conversations between the 15th accused and his relatives when they visited him, and that he had not exerted any pressure or influence on the 15th accused. During cross-examination, it was suggested that the witness was giving false evidence before court and that he had assaulted the 15th accused in an inhumane manner. The prosecution did not conduct re-examination of this witness.
The matter was fixed to be called again on 9th January 2026 at 10.00 a.m. for further trial.
