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Udatalawinna mass murder trial : Violence couldn't have occurred without Ratwatte's approval - Deputy Solicitor General

Order today on Ratwatte's bail application

Defence Counsel R. I. Obeysekera PC yesterday submitted a fresh bail application on behalf of 1st accused Anuruddha Ratwatte in the Udatalawinna mass murder trial.

The counsel said the application was based on Medical grounds and against terrorist threat to the accused's life.

He submitted that the accused had bad heart condition, hypertension and diabetes. Beside following an operation on the accused's leg with metalic substance, he suffered difficulties in using low seat toilet facilities. The Court reserved its order for today. K.W.

Although first accused Gen. Anuruddha Ratwatte was not physically present at the scene of violence on the day of the 2001 general election, the unfortunate and inhuman acts of his agents could not have occurred in his own electorate without his knowledge and approval, submitted Deputy Solicitor General Palitha Fernando in his opening address in the Udatalawinna mass murder trial heard before a specially constituted Trial at Bar at Hulftsdorp yesterday.

The Trial at Bar comprised High Court Judges Eric Basnayake (President), Deepali Wijesundara and Sunil Rajapaksa.

Deputy Solicitor General submitted that Ratwatte was a candidate contesting the 2001 general elections. He was also the Deputy Defence Minister and Minister of Power and Energy. Besides he was a General in the Volunteer Force of the Sri Lanka Army. Fourth accused Wijeratne was a Lieutenant in the Army. Though there was a wide official gap between General and a Lieutenant, the first accused and the fourth accused worked together during the incidents on a plan designed solely to promote Ratwatte's political victory. The prosecution intended to establish the same by way of witnesses.

According to the prosecution, the unfortunate incidents commenced on or around November 25, 2001 when Ratwatte got down Wijeratne alongwith a platoon of Army personnel as his personal guards.

Wijeratne had not received any commando training to protect a VIP. While he was on leave at Kurunegala, he was ordered to report to Kandy to serve Ratwatte.

Even the SLA Director Operation was not aware of the mode of selection to head the platoon.

On December 5, 2001, on the day of elections, Ratwatte had ordered the rest of the Army troops to be confined to their barracks while his platoon men who are accused in the case went on a rampage.

Though Ratwatte did not leave his house even to cast his vote on the day, accused Nos. 4, 5, 6, 7, 8, 9, 10 and 11 had engaged in violence and unlawful activities and were instrumental to grab political victory for the Ratwatte in violation of sovereignty of the people's franchise.

The Deputy Solicitor General said although Ratwatte remained indoors throughout the election day, the prosecution had evidence to prove that he was guilty of committing offences under section 147 of CR, PC. Hiring, deploying or encouraging a person or persons to commit violence, acting as a back seat driver also tantamounts to have committed the offences.

Moreover all action committed by Wijeratne and others were all in Ratwatte's interests.

The Deputy Solicitor General remarked that the platoon of Army men got down on the pretext of providing security to Ratwatte, even before the counting was over and at the hour of need were strangely despatched back along with Wijeratne probably because their mission was over.

Ratwatte's two sons, Lohan and Chanuka, were the second and third accused in the case. Their conduct and behaviour the prosecutions intended place before Court through witnesses, the Deputy Solicitor General. SL Army's Director Operation would give evidence in support of the prosecution's case.

According to other evidence, Ratwatte had threatened the voters of Wattegama, Madawala areas saying that he knew how to obtain their votes for him.

There was also a sound of an explosion near Kotmale reservoir when the Army rushed to examine Ratwatte as General and Deputy Defence Minister had ordered them to remain indoors.

At Meegammana, the voters were harassed and intimidated they were prevented from casting their votes with threats and violence. The prosecution would call such victims as witnesses. One woman voter had run home carrying the ballot paper without casting it through fear of life.

The armed gangs caused havoc and even Police on duty became helpless. An entry had been made by the OIC of the area. All violence took place in the Deputy Defence Minister's electorate.

At Jummar Azvar Vidyalaya, armed and unlawful gangs forcibly looted ballot boxes. Four have already been identified by voters in the area.

The tragedy of violence ended by claiming lives of 10 voters at Udatalawinna. At Jumma Azvar Vidyalaya, voters repulsed the actions of unlawful gangs by chasing them away to safeguard their right of franchise.

However at the end of the polls, while ballot boxes were being transported. More suspicions rose. There were a convoy of Army Defender jeeps along the way.

They chased the ballot box vehicles and attacked on the way. During the chase, one unlawful Defender was subjected to an accident. Its broken parts were sent to the Government Analyst and he had confirmed them as parts of a defender given to Ratwatte's use.

The vehicles that were shot at were among the productions. Meanwhile Ratwatte's VIP platoon had returned their arms and ammunition to the stores. However the evidence linked their involvement in violence. It is strange that no record had been made about the accident of the official vehicle Defender during the unlawful mission.

The Deputy Solicitor General assured court his fullest co-operation with maximum possible evidence to bring the offenders to the law.

The accused are charged under 72 counts including unlawful assembly and aiding and abetting to commit 10 murders at the 2001 general election. Third accused Chanuka Ratwatte was also charged with intimidating voters at Dolagamuwa, Paranagama polling stations.

The accused are Anuruddha Ratwatte, Lohan Ratwatte, Chanuka Ratwatte, W. M. R. Bandara Darmasiri, H. M. Sunil Chandra de Silva, G. H. Kamal Wijeratne, E. Anura Kumara, D. M. B. S. Dissanayaka, K. A. N. Rohan Kuruppu, M. K. Krishantha Indika Wijeratne, S. N. Dammika Siriwardana, D. M. Dissanayaka alias Pan Mahanda, Sean Wanigasekara, Nalin Wasantha Ratgama and H. W. Kingsley Witharana.