127th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 09th 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.
PW 2095, Assistant Superintendent of Police Wijitha Perera, was called to give evidence-in-chief. In his testimony, he testified that on 16th December 2019 at 2.55 p.m., pursuant to a telephone call received from Woman Police Sergeant No. 4366, Nirosha, and in accordance with the instructions given by him, Police Sergeant No. 13526, Senarathne, produced the 8th accused, Abdul Manaf Mohamed Firdhows, who was then being detained under a detention order, before him in his officie at around 3.04 p.m. He testified that on that occasion, the 8th accused informed him that he wished to make a statement before PW 2095 in order to unburden his mind. PW 2095 further testified that he clearly explained to the 8th accused that he was an Assistant Superintendent of Police and that any statement made before him could be used as evidence against the accused under section 16(1) of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979. He further testified that he granted the 8th accused time to reconsider his decision to give a statement.
PW 2095 further testified that on 18th December 2019, at around 12.10 p.m., Police Constable No. 63293, Karunarathne, again produced the 8th accused before him in his office and on that day as well, he explained the consequences of giving a statement and advised the 8th accused to reconsider his decision to give a statement. He further testified that on 21st December 2019, Police Constable Jayasekara again produced the 8th accused before him, and that on that occasion too, he did not record any statement from the accused.
PW 2095 further testified that on 26th February 2020 at approximately 9.35 a.m., he handed over the 8th accused to Police Inspector Madhawa Gunawardena along with the Medico-Legal Examination Form bearing No. 18/2021, for the purpose of producing the accused before the JMO. The Medico-Legal Examination Form bearing No. 18/2021 was marked, subject to proof, as P180. PW 2095 further testified that on 26th February 2020, he recorded the statement of the 8th accused and that even after recording the statement, the accused was once again produced before the JMO. Accordingly, the original copy of the statement given by the 8th accused before Assistant Superintendent of Police Wijitha Perera on 26th February 2020 was temporarily marked as D01.
During cross-examination, it was suggested that PW 2095 was giving false evidence before court. It was further suggested that on 26th February 2020, the date on which the 8th accused was alleged to have given a statement, the 8th accused was not observing Ramadan fasting, and that in that year the period of fasting fell during the months of May and June. It was also suggested that PW 2095 had not met the 8th accused on that day, that no such incident as described in his testimony had taken place on that date, and that the 8th accused had not given any such statement to PW 2095.
The matter was fixed to be called again on 12th January 2026 at 10.00 a.m. for further trial.
