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from Panadura group correspondent - Kapila Somaratne

Chilaw ASP Roshan Fernando testifying before the Panadura Provincial High Court Judge Samith de Silva said the accused Sivanadan Sivakumaran made a voluntary statement regarding collecting information of the whereabouts of former Prime Minister Ratnasiri Wickramanayake in 2001 October and transmitting to the LTTE.

Before recording the confession of the accused, the witness explained to the accused if he made the confessions, it would be produced before court against him at the trial. The witness gave time to the accused to make his confession if he agrees to do so.

The accused was produced before him by the Crime branch OIC of Horana when he paid a visit to the Horana Police station on 2001 October 1st.

Thereafter the witness left the police station and went to his office situated about 1 1/2 miles away from the Horana Police.

Police Sergeant Disanayake produced the accused again before him in the afternoon and told him that the accused is prepared to make a voluntary statement. The witness told court he did not bring the confession to produce before court as he is now working as ASP Chilaw.

V. Yogeswaran, defence counsel objected to the confession being produced before court because, the police had assaulted the accused and he made the confession under duress.

The witness was sent out of court and the judge discussed a point of law with the state counsel and the defence lawyer and recorded submissions and allowed the defence lawyer to cross examine the witness. The defence counsel moved bail on the accused as he was in remand for nearly two years.

The Judge allowed him bail in Rs. 10,000 in cash and personal bail in Rupees One lakh each with two sureties. The Judge fixed further trial for February 7th and 8th.

The judge had to translate the submissions made in English by the defence counsel into Sinhala as there was no English translator available at the court.

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