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Udatalawinna mass murder case : Court warns Ratwatte's bodyguard to give unbiased evidence

by Kumar Wethasinghe

The president of the Trial-at-Bar hearing the Udatalawinna mass murder case yesterday cautioned Chief Inspector Anil Priyantha a former bodyguard of Gen. Anuruddha Ratwatte to give his evidence freely and truthfully without trying to save or implicate anyone to any issue.

The Trial-at-Bar comprises High Court Judges Eric Basnayake (President) Deepali Wijesundara and Sunil Rajapakse examined by the Deputy Solicitor General Palitha Fernando, the witness Chief Inspector Anil Priyantha said that he first served at the Wellawatta police station.

In July 1986, he had joined the Special Task Force and had undergone commando training including VIP protection.

Having served in the operational areas he was absorbed to the Ministerial Security Division in 1994. Priyantha was attached to the security squad of the then Prime Minister Chandrika Bandaranaike Kumaratunga.

Later in 1996, he was assigned as the Chief Inspector incharge of the former Deputy Defence Minister Gen. Anuruddha Ratwatte.

At the time SP Dissanayake was incharge of the Internal Security. He was succeeded by SP Wegodapola. Thereafter SP Gamini Silva had taken over the duties at the former Deputy Defence Minister's Security.

The witness said that he was attached to the personal security division of the former Deputy Minister even before SP Gamini Silva came there and had continued to serve there until Ratwatte was remanded.

During the 2000 General Elections Priyantha was the personal body guard to Gen. Ratwatte.

Following the transfer of SP Gamini Silva who was incharge of the police security, ASP Rohan Silva tookover.

The witness handled the personal security for Ratwatte even while he remained at the Mahaiyawa residence.

He said the outside security to the official residence of the former Deputy Defence Minister was provided by the Cinnamon Gardens police and the Army. The MSD controlled the gates.

At the Mahaiyawa residence, the Katugastota police and army provided outside security.

Asked whether the 10th and 11th accused took part in the motor cade of Gen. Ratwatte during the election campaign on December 1, 2001 the witness could not recollect.

Questioned what arrangements were made by Priyantha with regard to the motor cade and guarding the house, he said the Katugestota police and the MSD personnel were deployed.

He said additional security had to be obtained when the Katugastota police were withdrawn for election duty from the Ratwatte's residence on December 5, 2001.

He had been solely concerned about the personal protection of Ratwatte and couldn't remember what functions each of the platoon performed.

The witness admitted that he was in charge of the section but could not account for the persons deployed on different duties.

On December 5, 2001 they were prepared to escort Ratwatte to the polling booth, but the plans were abandoned when the voting was arranged to be done at his residence itself.

After the voting Ratwatte had remained at his Mahaiyawa residence. The witness too had remained there very close to Gen. Ratwatte.

That day, Ratwatte had spent most of the day in the compound by the Jak tree at his residence.

By December 6, 2001 it was evident that the PA Government had suffered defeat at elections.

The crowds were moving in vehicles along the road and were shouting slogans at Ratwatte.

The security measures had to be more tight.

Since Priyantha answered vaguely to the questions raised by the State pertaining to 4th, 10th and 11th accused the Court cautioned him to answer the point straight away and truthfully without trying to save someone or without trying to implicate anyone - through his evidence.

When Court resumed after a brief recess, Senior Defence Counsel R. I. Obeysekera PC cross examined Priyantha.

He said that Ratwatte faced severe threats to his life and that he was engaged in providing close protection to the first accused.

He said if any harm was caused to Ratwatte, he too would become a victim for certain.

The witness said Ratwatte remained in the Lawned Compound near the Jak tree in his Mahaiyawa residence in the afternoon on December 5, 2001.

From this point, the main road and the moving vehicles could be seen. After the voting some of the supporters too had visited Ratwatte.

Ratwatte's relatives and children and also the visitors were all there and engaged in discussions.

The witness admitted that 14th and 15th accused were commandos included in the motorcade duty. He said the 12th accused did work in the office at the Mahaiyawa house.

Court: What time was the motorcade prepared on December 5, 2001?

It was ready at 7 o'clock in the morning. Besides as a rule the motorcade stood alert every moment to leave in an emergency.

Cross examined by Defence Counsel Tirantha Walaliyadde, Priyantha said, Gen. Ratwatte, his relatives and the three children were seen near the Jak tree after the voting around 2.30 p.m. Ratwatte remained there till late evening till around 7 pm.

The DSG raised objections on the grounds that the witness had already specifically stated that he saw them all but not certain as to whether the children remained them or left.

Q: Have you made any statement to anybody on this account at the Jak tree earlier? - No.

Q: Did anybody question you on this before? - Yes. The CID did, but did not mention.

Q: How did you first see them first near the Jak tree? - There were chairs arranged in circle and they were seated there chatting at 2.30 p.m.

The supporters came after 5 p.m. I (witness) was manning the main gate about 10 meters away. The house had gates in front and rear. Outsiders can't use the rear.

Further cross examined by Defence Counsel Anil Silva, Priyantha said that Ratwatte gave his nominations on October 10, 2001.

On October 28, 2001 he had come to Colombo. Actually it had been from October 16 onwards that Ratwatte had remained at the Mahaiyawa residence until the elections.

When Gen. Ratwatte was on the move, Priyantha had travelled with him in the same vehicle.

Although several rallies were organised Ratwatte did not attend all for security reasons.

Gen. Ratwatte visited all the Kandy district electorates since early December 2000. There was tight security at Mahaiyawa. He said he knew Brigadier Hulangamuwa. Under reexamination, the witness admitted that all the programmes were implemented with his knowledge.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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