Date: 28th July 2026
Case No: HC (TAB) 2972/21
Court: Special Permanent Three-Judge High Court (Trial-at-Bar)
Venue: Special Permanent Three-Judge High Court (Trial-at-Bar), 2nd Floor, MCC Building, Adhikarana Mawatha, Colombo 12.
The case was taken up before the Trial-at-Bar with all accused present, except the 17th accused, who had passed away. The 1st, 2nd, 7th, 8th, 10th, 15th, 17th, 18th, and 19th accused were represented by Mr. Kaneel Maddumage, AAL. The 12th and 13th accused were represented by Mr. Ravindu Yasas, AAL. The 20th to 25th accused were represented by Mr. Mayuran Mahalingam AAL under the instructions of Mr. Sanjeewa Ruwanpathirana, AAL The 1st, 3rd, 4th, 5th, 6th, 9th, 11th, 14th, and 16th accused appeared in person.
The witness PW-2007, Krishnapulle Ravichandra was attached to the Batticaloa Police in 2019. He stated that on 18 April 2019, the Kanththakudy Police received information that a motorcycle had exploded at Kirithonwatta, Sengal Village, Sammanthurai. The witness stated that the incident was identified as a bomb explosion as the aluminium sheet covering the land had been damaged due to the blast, and steel balls were found scattered at the scene. Thereafter, an investigation was conducted using the chassis number of the motorcycle.
The witness stated that several productions recovered during the investigation were taken into police custody under Production Receipt Nos. 48/2019 to 51/2019. The relevant productions were marked as follows: Production Receipt No. 48/2019 as P-1585, Production Receipt No. 49/2019 as P-1586, Production Receipt No. 50/2019 as P-1587, and Production Receipt No. 51/2019 as P-1588. He further stated that soil samples obtained from the blast site, plastic pieces of the exploded motorcycle, steel balls, remaining parts of the motorcycle, and the covers in which the productions were kept were marked from P-1589 to P-1595.
The witness further testified that he participated in the investigation regarding the Sion Church blast on 21 April 2019. He stated that Police Constable Gauri participated in photographing the crime scene at Sion Church. Based on the productions obtained during the investigation of the Sion Church blast, Production Receipt Nos. 52/2019 to 58/2019 were marked as P-1596 to P-1602. Those productions were subsequently handed over to Sub-Inspector Gamini of the Ampara Crime Division.
The witness further stated that Production Receipt Nos. 44/2019 to 63/2019 were marked as P-1603 to P-1622. A CD produced in connection with the investigation was marked as P-1623. Further, the productions related to Production Receipt No. 46/2019 and Production Receipt No. 45/2019 were marked as P-1624 and P-1625, respectively, while the production receipt related to Production Receipt No. 44/2019 was marked as P-1626.
Thereafter, several productions were shown to the witness, including steel balls, fabric material, and gelatinite, which were marked as P-1627 to P-1629. The witness was not cross-examined.
The witness PW-1988, Dadallage Sarath Lalasantha stated that from 2019 to 2021, he was attached to the Ampara Crime Division. The witness testified that on 26 April 2019, he received instructions to investigate suspicious items at a house situated in Sengal Village, Sammanthurai. He made the necessary official notes regarding the duty assigned to him. The witness stated that the said house belonged to Ismail Lebbe Abdul Raheem, who had rented the house to Mohamedu Niyam.
The witness stated that after opening the house, a search was conducted and 990 productions were taken into police custody. He stated that many of the recovered items were explosive materials. During the course of the investigation, information was received regarding another suspicious location at No. 48/2, Second Cross Street, Nindavur 7, and the officers proceeded to inspect the said premises.
Thereafter, the prosecution and the accused persons recorded an admission under section 420 of the Criminal Procedure Code regarding the chain of custody of the productions recovered from the Sengal Village house rented to Mohamed Niyam by Ismail Lebbe Abdul Raheem. It was admitted that the productions recovered from that house were handed over to the Ampara Police under Production Receipt No. 508/2019, taken into police custody, and thereafter produced before the Sammanthurai Magistrate’s Court in Case No. B/4596/19. Subsequently, the productions were transferred to the CID and TID, thereby establishing the chain of custody.
A similar admission was recorded regarding the chain of custody of the productions recovered from the Nindavur house situated at No. 48/2, Second Cross Street, Nindavur 7. It was admitted that on 26 April 2019, the productions recovered from the said house were handed over to the Ampara Police under the custody of Police Officer Nimal and received under Production Receipt No. 509/2019. The 91 productions recovered from the Nindavur house were marked from P-1631 to P-1721.
It was further admitted that some productions recovered from the Sengal Village house had already been marked in evidence, while samples of certain productions were forwarded to the Government Analyst’s Department for examination. The remaining unmarked productions were admitted by consent.
The witness PW-2306, S. I. Mohammed testified that in 2019 he was the Officer-in-Charge of the Crime Division of Kanthakkudy Police. He stated that on 17 April 2019, a complaint was received regarding a motorcycle being burnt at Kirithonwatta, Sengal Village, Sammanthurai. On the same day at about 7.00 p.m., he visited the location and carried out a preliminary investigation with the assistance of torchlight. Due to darkness, a limited inspection was conducted, and two police officers were deployed around Kirithonwatta for security.
The witness stated that on the following day, namely 18 April 2019, a further investigation was conducted at the scene, and PW-2007 Krishnapulle Ravichandra also participated in the investigation. The productions recovered from the scene were marked as P-1722 to P-1724.
The witness stated that through the chassis number of the motorcycle, the ownership was traced. The motorcycle bearing registration number BCQ-0304 was identified. According to the investigation, Nilmani Jayakodi was the registered owner, who had sold the motorcycle to Tushara Perera. Thereafter, Tushara Perera transferred it to Anura Wickramasekara, who subsequently sold it to Gerard Yasasthi Silva. However, Yasasthi Silva informed the investigators that his purse had been stolen and that someone had used his National Identity Card to purchase the motorcycle using his identity.
During cross-examination by Mr. Kaneel Madumage, the witness was asked whether he remembered arresting the second accused on 26 April 2019. The witness stated that he could not remember. He was asked whether he knew a person called “Gafoor Mama”, and he replied that he did. When it was suggested that Gafoor Mama was arrested by the Kaththankudy Police, the witness agreed. It was suggested that the second accused was assaulted by the witness and others, which suggestion was denied by the witness.
Thereafter the 3rd accused cross-examined the witness. The witness was asked whether he came to the third accused’s house and obtained his motorcycle. The witness stated that he could not remember. It was suggested that the witness gave information to the Metro newspaper that walkie-talkies had been found at the third accused’s house. The witness denied the suggestion. It was further suggested that the witness published information regarding the motorcycle in the media, which was also denied. When it was suggested that the motorcycle was never produced before any court, the witness stated that he did not know.
The witness PW-2311, Sub Inspector Bandara testified that on 25 April 2019, based on information received, he inspected four places at Ammalachchena. The productions obtained from those locations were properly secured and listed under Production Receipt Nos. 517/2019 and 518/2019, and thereafter handed over to the Akkaraipattu Police.
The witness further stated that on 3 May 2019, the productions were handed over to Police Officer Ratnayake. Copies of Production Receipt Nos. 517/2019 and 518/2019, together with ten CDs, a pen drive, and a memory card, were handed over to the CID and TID. The witness was not cross-examined.
Thereafter, PW-2311 and PW-2312 were released. Summons were issued to PW-1768, PW-2178, PW-1958, PW-1964, PW-2305, and PW-1946 to appear before Court on 31 July 2026. The proceedings for the day were concluded, and the matter was adjourned to 30 July 2026 at 10.00 a.m.
