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Udatalawinna mass murder case : Nobody has a right to threaten witnesses, says court

by Kumar Wethasinghe

"If anybody tries to threaten or interface with the witnesses it should be brought to notice immediately," observed High Court Judge Eric Basnayake, the President of the Trial-at-Bar hearing the Udathawinna mass murder case yesterday.

The Trial-at-Bar comprises High Court Judges Eric Basnayake (president), Deepali Wijesundara and Sunil Rajapakse.

The court made the observations when a 24-year-old villager, a voter from Patha Hewaheta electorate on Monday, during his evidence pleaded court to refrain from publishing their names and identities in view of the impending threats to them in their village.

Examined by State Counsel Mohan Seneviratne, the witness said he was 24 years of age and that he worked as a labourer.

He was a registered voter in the Kandy district and lived in the Patha Hewaheta electorate.

He could remember the general election held in December 2001. It was mainly a contest between the UNP and PA.

At this stage the witness identified the first accused Anuruddha Ratwatte. He knew Ratwatte as the then Deputy Defence Minister and PA candidate for their area. The witness had also seen him on TV.

The UNP's candidate for their area was 'Keheliya Mahattaya'. The witness did not campaign for any party.

However he had seen 'Keheliya Mahattaya' holding election meetings at Meegammana. The witness had also attended one of Keheliya Mahattaya's meeting held at Janaki Hotel, Peradeniya. There they had chosen polling agents for the UNP.

The witness said Asela Bandara accompanied him for the meeting. He did not know Sarath Wijesinghe and Sarath Kumar. He knew Delgahakumbura and UNP organiser Tikiri Bandara. He also had seen Sunil Parakrama the Samurdhi Niyamaka.

Their voting centre was at the Meegammana school. He was 2 1/2 miles away from the witness' house. On December 5, 2001, the day of the general elections, the witness had joined the voting queue at 7 am. There were nearly sixty to seventy people in their queue.

On the way, the witness had seen people from his village going towards the voting centre. Some were returning back. He realised that the people going along the road were forcibly prevented from going to cast their vote. Accordingly he had decided to approach the voting centre on a different path.

Then he had crossed the filled paddy fields and walked to voting centre unseen.

Although he managed to get there thugs had prevented him from voting for the UNP.

While the witness was in the queue a motor cyclist followed by several jeeps had stormed the place. The vehicles had come from Wattegama side. The doors of the vehicles were flung open and a host of men rushed out of them. The men were wearing trousers and jackets some of them carried heavy fire arms in their hands.

The witness had never seen them before and were strangers to the area. The gang charged at the people and thrashed them with poles while shouting ali karayo duwapiyaw (Elephant supporters get out). As they were beaten up, the villagers ran away saying Mareyo avith (thugs had come).

The witness did not know who the thugs were. The witness also ran away across the paddy fields and through the forests to his village and managed to come home. That day he did not attempt to cast his vote but remained the rest of the day at home. Nobody came out of their houses on that day.

Cross-examined by counsel for defence S. A. Premaratne the witness said nearly seven political parties contested the 2001 general elections. They include JVP, SLMC, Sihala Urumaya, PA and UNP.

At first when the gang of thugs arrived at the Meegammana school the witness did not run away. When the thugs assaulted them with poles everybody ran away, the witness concluded.

Earlier he said on 4.12.01 night, he was at home around 10 p.m. he had heard people shouting in moving vehicles "Not to come to vote".

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