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Udatalawinna Mass Murder Case : Armed gang held election officer by the shirt collar - Senior Presiding Officer

by Kumar Wethasinghe

"When the armed gang stormed the Meegahawatta Polling Station and chased away the voters while holding one of the election staffers by his shirt collar, everybody was at a loss to understand what was going on. The policeman and the WPC, who were on guard duty too, remained helpless", said, the Senior Presiding Officer (SPO) at the Meegahawatta Polling Station in Wattegama area on December 5, 2001, in his evidence in the Udatalawinna Mass Murder heard before the Trial-at-Bar at Hulftsdorp.

The Bench comprised High Court Judge Eric Basnayake (President), Deepali Wijesundara and Sunil Rajapaksa.

Examined by DSG/Palitha Fernando, the Deputy Principal of Kingswood College Kandy W. A. Sugath Thibbotugoda also gave evidence for prosecution.

The witness said he had been in government service for nearly 34 years. He had gone for election duty over the years. He had served as a clerical hand, a Junior Officer and a Senior Presiding Officer (SPO), at several elections.

During the General Election 2001 campaign he was appointed the SPO of the Meegahawatta polling station. The Polling Station was situated in a school. He had gone there on December 4, 2001. They were incharge of two ballot boxes. They also had two armed police personnel to provide security. Accordingly, he had stayed over there the night before the election day.

In the night there had been unusual sounds from the surrounding areas. People were shouting and there was also the sound of crackers.

The witness said he was frightened by these strange occurrences. In the past except during the times of the JVP terror, it had been a pleasant job to do election duty. DSA - Q: Were you unhappy that day? Yes, I was not happy at all.

Q: How about the previous elections? It was indeed a satisfaction when fulfil the responsibilities at the centre satisfactorily and according to ones conscience.

On the day of the election, people queued before the centre was opened. Prior to the commencement the empty boxes were opened and shown to the polling agents. There were only two PA polling agents present there. Thereafter the boxes were sealed to commence voting.

The voting started at 7 a.m. and continued smoothly till about 7.15 a.m. At that point, a group of boisterous people arrived there in openhood jeeps. The intruders threatened the voters. Since this gang was carrying weapons, the constable and the WPC who were duty remained helpless.

When everybody was at a loss to understand what was happening one of the gangsters grabbed of an election officer by his shirt collar. At that stage, the hearings were put off for Monday (31).

Earlier, examined by DSG/Palitha Fernando, a clerk attached to the Local Government Service, Dhanawathie Kodituwakku during her evidence said that she feared for her life and job after giving evidence pertaining to election violence.

The witness said that she had gone on election duty since 1980. During the 2001 election she was posted to serve at the Meegahawatta school's polling station in the Wattegama area. Having reported for duty the previous day at the polling centre, she had been confident that everything at the election centre was orderly. However, due to transport difficulties she had gone to the Polling Centre only at 7.15 a.m.

There were nearly half a dozen officials and two armed policemen on duty there. She had at once noticed that there was some commotion at the centre and the people were running about the place. Some had said that they were being assaulted and that they would never return to vote.

She too was shocked and when she entered the centre, voters had been in the queue. Then the voting had continued for nearly one hour. Her duty was to call out the names of voters. There were about seven polling agents but the witness was not aware to what party they belonged. It was noticeable that some people who had cast their votes were coming back again to recast with the ink marks clearly visible.

Usually the agents disallow such actions but strangely enough, nobody objected to this conduct. Some of them have told her not to announce their names. Then she had asked them whether they were trying to tell her how to perform her official duties. Then she had declared that such voting cannot be allowed.

Some did not have the polling cards and some even abused her in obscene language. One of the supporting men had threatened her saying, "Either you do your duty the way we want or you go without your clothes". Then the witness had got up from her seat and complained to the Senior Presiding Officer (SPO). He had then told her not to make such a fuss. The policemen on duty had said if the SPO orders they can act accordingly. Thereafter, a gang had entered the centre. Some wore black banyans while some wore masks. Some of them also carried firearms. Someone also said that Ratwatte's son Chanuka was among them and the witness had seen him with a firearm in hand. The gang also wore woolen berettes (caps). For nearly ten minutes they were there and stuffed the ballot boxes with ballots marked in favour of Ratwatte. When she kept observing what they were doing they verbally abused her. She had not made any complaint to the police in this regard and was not aware whether the SPO had done so.

The voting there was not at all free and fair but the boxes were sealed an despatched to the kachcheri.

Under cross examined by R. I. Obeysekere, PC, Counsel for the Defence, she said making the complaint was not part of her duty. The rest of the officers saw and heard how they treated her. She did not know whether the SPO had acted responsibly and complained to the relevant authorities. But later she had informed the Municipal Commissioner who was her superior.

Cross examined by Tirantha Walaliyadde, the witness Dhanawathie said it was worst ever experience she faced whilst performing election duty. She had left her seat because she could not discharge her duties properly. In that situation she couldn't remember whether the police fired in to the air. But when she appealed to them about the injustice they had said "Miss what can we do without the SPO's permission." She said this was the very reason why she had came before Court and maintained that her entire evidence was truthful.

She was so fed up with the unpleasant incidents that day that she even had foregone her lunch, the witness concluded.

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