149th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 03rd March 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.
The 4th accused, giving further evidence, stated that at the first opportunity he received after being remanded in CID custody, he informed the Magistrate of the Gampola Magistrate’s Court that the statement he was alleged to have given at the Criminal Investigation Department had been obtained unfairly and that he had not signed it. Accordingly, the 4th accused sought the permission of the court to mark as 4VD (3) the proceedings recorded in case number MB 432/19 of the Gampola Magistrate’s Court for the period from 23rd January 2023 to 27th March 2023. As this was a document that had already been provided to the 4th accused by the court, the Prosecution did not object to its marking.
In his further testimony, the 4th accused stated that he had remained in the custody of the Criminal Investigation Department for approximately one and a half years, during which time he was subjected to various hardships and injustices. He further stated that in such circumstances it was completely false to suggest that he had approached retired SSP Ajith Kavinda Piyasekara seeking relief for his mind and had expressed a desire to make a statement. He also testified that his father, mother, wife, sister, and brother had all been arrested and that they too had been detained for a considerable period of time. He stated that since the Criminal Investigation Department had caused such suffering to his family members, he had never had any intention of making a statement before any senior officer of that department in order to obtain mental relief. He further testified before court that he had never made any statement under Section 16(1) of the Prevention of Terrorism Act, No. 48 of. 1979, that he had committed an offence, and that he had never even contemplated committing such an offence. After the conclusion of the examination-in-chief of the 4th accused, the other accused in the case were given an opportunity to cross-examine him, and accordingly the 5th and 9th accused proceeded to do so.
During cross-examination, the Prosecution suggested that there was no connection between the statement allegedly given by the 4th accused on 4th October 2020 and the fact that the wife of the 4th accused was released on bail two years later. It was further suggested that the 4th accused was deliberately giving false evidence before court. The Prosecution also suggested that the 4th accused had been changing his position from time to time when giving evidence regarding his meeting with SSP Lokuhhetti, and that he was tailoring his testimony according to what suited the situation. It was also suggested that when the 4th accused was produced before the Judicial Medical Officer, the woman who had been brought together with him to be presented before the same officer was Ayesha Siddhika, the wife of Mohamed Azaam Mohamed Mubarak, who had carried out the bomb explosion at the Kingsbury Hotel on 21st April 2019, and that the 4th accused knew her well.
The Prosecution further suggested that the 4th accused had not informed the Judicial Medical Officer on 4th October 2020 that he was suffering from severe toothache because in fact he had no such toothache, and that he was a witness who avoided answering questions directly. In addition, the Prosecution pointed out a contradiction in the entry dated 23rd March 2023 in the document marked 4VD(3), particularly the phrase stating “මම අත්සන් කරලා දුන්නේ නිසා” “because I had signed and given it.” In response, the 4th accused informed the court that he has difficulty in expressing himself in the Sinhala language, and that what he had told the Magistrate on 23rd March 2023 was that he had not signed and given the statement marked E1. He further stated that he hoped the court would consider this matter fairly.
The matter was fixed to be called again on 5th March 2026 at 10.00 a.m. for further trial.
