178th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 29th April 2026|
Venue: Special Permanent Three-Judge High Court (Trial-at-Bar), 2nd Floor, MCC Building, Adhikarana Mawatha, Colombo 12.
At the commencement of proceedings, the 13th Accused was not present in Court as he had been produced to the Rajagiriya Ayurvedic Health Centre with the permission of Court. His Attorney-at-Law appeared on his behalf and proceedings continued.
The 9th Accused commenced giving evidence in Sinhala. The statement marked as “L1” was treated as the alleged confessional statement. He stated that he had been detained in CID custody for approximately one and a half years under a Detention Order. He challenged the legality of the Detention Order dated 15 July 2020 signed by Gotabaya Rajapaksa, referring to Supreme Court FR case No. SC/FR/37/2020 marked as 9VD1.
He stated he was detained at SCIU Unit No. 2 under the CID. At the relevant time, the OIC of CID was Janaka Marasinghe. He marked FR case No. SC/FR/405/2018 as 9VD2 relating to unlawful arrest and compensation of Rs. 75,000. He also marked FR case No. SC/FR/344/2010 as 9VD3 relating to unlawful detention and compensation. The Director of CID at that time was Prasanna Alwis.
He stated that he had opportunities to meet superior officers and usually communicated with ASP Wikramasinghe regarding complaints and issues. He denied any intention to give a statement to ASP Nihal Jayathilaka, stating he was a stranger to him. He further stated that he was detained on the fourth floor of CID and that the OIC office was approximately 20 metres away, making it unnecessary to obtain special permission to communicate with officers.
He stated that he was produced before the Mawanella Magistrate’s Court and Gampola Magistrate’s Court periodically and had opportunities to complain before Magistrates.
He stated that on 08 October 2020 he was called to the SCIU by Police Sergeant Palitha, where OIC Janaka Marasinghe and SI Wikramarachchi were present. He alleged that he was asked to give a statement, which he refused, and that he was then slapped on his left ear. He stated that after that he was directed to the Judicial Medical Officer (JMO) and instructed not to disclose the assault, but he complained of ear pain and was later referred to the ENT Unit of the National Hospital of Sri Lanka, where he was not examined due to a rush in that unit.
On 29 October 2020, he was produced before the Mawanella Magistrate’s Court in case No. 11330/2018. The matter was taken in chambers as it was a holiday, and he stated that he informed Magistrate Upul Rajakaruna of the alleged injustices, which were recorded.
He further stated that before the Colombo Magistrate’s Court No. 3 in case B/48788/2021 on 09 October 2023, he complained regarding CID’s conduct under Section 127 of the Code of Criminal Procedure. Before the Gampola Magistrate’s Court in case B/432/19, he made a written statement on 13 March 2023 after stating he was forced to sign a statement. Before the Batticaloa Magistrate’s Court in case B/397/19, he made a Section 127 statement on 20 June 2023 after an initial indication on 13 June 2023.
He stated that on 15 October 2023 he was brought under an order issued by Prasanna Alwis and was forced to sign documents, which he signed under compulsion.
During cross-examination, the 1st and 11th Accused asked around three questions, after which the Prosecution commenced cross-examination. The Prosecution suggested that officers of the Human Rights Commission of Sri Lanka and the International Committee of the Red Cross had visited him and that he had opportunities to complain to them. It was further suggested that he had legal advice and could have filed a Fundamental Rights applications earlier, and that his statements were afterthoughts and fabricated. The 9th Accused denied all such suggestions.
Through court translator Thuan Sadhaham, the journal entry dated 09 October 2020 of the Mawanella Magistrate’s Court in case No. B11330/18 was produced and marked as page No. 287 as 9VD4, without objection.
Accordingly, documents 9VD1 to 9VD4 were marked by the 9th Accused, and he concluded his evidence. He stated that he would not call any further witnesses. The Prosecution Produced the list of witness today and it was granted permission to summon witnesses except Nos. 10, 11, and 12, and the case was adjourned.
Next date and time: 30 April 2026 at 10.00 a.m. for further trial.
