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Udatalawinna Mass Murder : Nobody influenced me to give biased evidence - Witness

by Kumar Wethasinghe

M. H. Abdul Malik, an eye witness and victim of the Udatalawinna election violence yesterday refuted the defence suggestions that witness was giving evidence according to the manner he had been trained to evade facts in the case and that they had remained well organised at the polls centres according to the instructions given to them on the 2001 general election day.

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

The prosecutions key witness Malik of Madawala was being cross examined by Defence Counsel, Anil Silva.

Cross examined by Defence Counsel Anil Silva, eye witness M. H. Abdul Malik gave evidence for the third day.

The witness said during the 2001 general election he supported Rauf Hakeem and Keheliya Rambukwella of the UNP.

The witness could not recollect any candidate by the name of Haleem. He knew there was a keen competition between M/s Rauf Hakeem, Keheliya and Ratwatte but he was not aware that the Harispattuwa had the highest percentage of Muslim votes.

He had only concentrated about his region and was not interested about other areas.

When the defence suggested that Patha Dumbara had the second highest percentage of Muslim votes the witness said he did not know.

Asked whether Madawala had the Muslim majority in the Patha Dumbara electorate, the witness said he did not know.

The witness also refuted a defence suggestion that he was trying to mislead courts by trying to show that Madawala was not a Muslim village.

The witness further replied that he did not know whether Udatalawinna was a Muslim village but some people thought so.

The witness denied that Muslims were preparing for violence. He knew of Malik of the Patha Dumbara area but was not aware that Malik contested from the UNP.

Questioned whether the witness attended a Senate meeting the witness said no. He had only attended pocket meetings and UNP rallies while engaged in house to house campaign he had met one Malik once. He had sought his cooperation. He couldn't say whether it happened on the day before the elections.

Court: A witness is summoned to court to answer the questions raised by the counsel you must answer truthfully.

At the stage the defence counsel quarried whether the witness acted under the instructions to prevent voting and to prevent vote rigging while protecting the ballot boxes, the witness denied that anybody gave him such instructions. He said he cast his vote freely.

Defence Counsel: In your statement to the police you have stated that Nalin, Zakeer and Rambukwella asked Rizwan, Pillawoos, Azwar and you were to go to the polls centre early in the morning and prevent any rigging while safeguarding the ballot boxes? I can't remember when I was sick I made the statement and signed it. I have told what really took place.

Counsel: Did Rambukwella tell you anything? No. Zakeer I don't know. I have not spoken to Rambukwella.

Counsel: The Rambukwella, I am referring to is Keheliya. Didn't he tell you to be ready for a battle on December 15, 2001? No, there was a crowd of nearly 1000 near the polls centre. The road had been blocked with logs and oil poured on the roads to reduce the speed of vehicles.

Defence Counsel: What was this arrangement? The arrangement was only to slow down vehicles. I don't know whether it was done on the instructions of Keheliya. After voting around 8.10 a.m. I went home.

At the time the Defender vehicles had been going past the place in both directions with people carrying firearms. Since it was a common sight, no one panicked. Later he had returned from the polls centre and had played carrom with his friends at a neighbouring house.

He was not certain whether leading UNP supporters were present near Madina Vidyalaya. There was a CTB bus to transport the ballot boxes and staff and two passenger vans with one having a poster of Rauff Hakeem on it. He had got into one van and had sat beside Zakeer. The van had followed the bus to the Polgolla centre.

When the bus resumed its journey their van had followed the bus until they noticed the pursuing Defender. At Nawayalatenne their van was diverted to a side road to avoid confrontation. While speeding ahead the van ran off the road and crashed into a lamp post. He was suddenly stuck by a bullet and fell on the engine of the vehicle.

On further cross examination the witness said he could not say whether the seats in the vehicle were disarranged due to the accident or shooting. Asked whether he closed his face with his hands when he recited the prayers, the witness said it was mental exercise.

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