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Udatalawinna mass murder case

Unlawful armed gang included the 15th accused

by Kumar Wethasinghe

"The unlawful armed gang which invaded the Udatalawinna polls centre included the 15th accused Nalin Wasantha Rathgama who threatened to kill me at gunpoint," said Sgt. Ananda Ekanayake who was on guard duty at the Hall No. 2 of the Jammu Azwar Maha Vidyalaya on December 5, 2001 when he gave evidence before the Trial-at-Bar hearing the Udatalawinna mass murder case at Hulftsdorp.

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

At the outset Defence Counsel R. I. Obeysekera, PC cross-examining Sgt. Upali Chandrasiri suggested to him that his evidence made before court have not been stated in his statement made to the CID.

The Counsel further suggested that references made by the witness with regard to usage of obscene language by the armed gang, defender parked opposite the gate, the incident of threatening at gunpoint, threatening the SPO and staff, taking staff as hostages and crying staff pleading and dress of the man in civies wearing a pink T shirt have not been stated to police.

The Counsel further suggested that IP Abeysinghe never gave a telephone call from Udatalawinna to anyone as the witness say.

The witness replied that he was under severe stress when he made the statement and that he may not have given certain details but that he never said the man in civies wore a red jerkin when in fact the man wore a reddish or pinkish baniyan with long sleeves. He maintained that the time 14.30 hours pertaining to IP Abeysinghe's visit could be right. It had been between 1.30 p.m. and 2.30 p.m. He also refuted the suggestion that IP Abeysinghe did not make a telephone call from Udatalawinna. The witness admitted that there were army deserters but was not certain whether all of them carried their uniforms and weapons.

The witness admitted that he had served as a court sergeant at Teldeniya for nearly 12 years. But had no dealings with the 14th accused. Nor did he know that the UNP candidate Keheliya Rambukwella owned a security service in Kandy.

Cross-examined by Defence Counsel Anil Silva the witness Sgt. Chandrasiri said that he was aware that the hearsay evidence had no value in court. When the armed gang approached the centre the witness who was at the entrance had moved towards the ballot box.

At first when he saw them coming along the Polgolla Doragamuwa Road he did not consider it as special as he was expecting additional security after the morning incidents. However when they crossed the premises he had realised they were not what he expected. By the language they used and owing to constant firing he knew they were a unlawful group. They had prevented him from performing his duties at gunpoint. Having threatened the SPO and staff, within minutes they had disappeared with the ballot boxes.

Examined by the Deputy Solicitor General, Palitha Fernando, Sgt. Ananda Ekanayake attached to Bribery and Commission Investigating into Corruption said that he had 24 years experience in the Police Department. He had served in Vavuniya and Colombo Fort Police Stations. In addition he had served in Terrorist Investigating Division (TID). During the 2001 general election he was sent on election duty to Kandy and subsequently at Wattegama police.

On December 5, 2001 he and WPC Vishakha had been guarding the Hall No. (2) at the Jammus Azwar Maha Vidyalaya, Udatalawinna. That day the centre commenced polling at 7.00 a.m. and had functioned smoothly. However around 1.00 p.m. there had been some violent incidents outside the polling centre. There was a sudden explosion sound and the people began to shout and move along the road. Then the witness told to Grama Seva Niladhari to check whats happening.

He had also told Grama Seva Niladhari to report to Wattegama police. Following the said disturbance the voter had ceased to come to the centre. But by that time majority of the voters had cast their votes around 3.00 p.m. once again the sound of gunshots were heard at close range. They heard the sound of firing by automatic weapons. Court: How do you know they were automatic? There was continuous firing. At the time he had also seen people running towards the village. Then the witness had asked Wahib the Grama Seva Niladhari to see what it was. After a few minutes an armed gang wearing uniforms similar to those worn by commandos had invaded the polls centre while threatening they had entered both halls where ballot boxes were kept.

Two of the unlawful gang had pointed guns at him from the front and behind. Another was holding a gun at the staff who were in corner. Within minutes they took away box with ballots and kicked away the other box which contained documents. The whole operation had taken only 3 minutes. But this was the first instance his life had been threatened at gunpoint and he could remember that person.

At the stage the witness identified 15th accused Nalin Wasantha Rathgama as the one who held the gun at him. Later he realised that the ballot box in Hall No. (1) had also been taken away. The gang was in the range of 25 to 30 years. The witness had reported

the incident to the Returning Officer of the Kandy kachcheri.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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