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Udatalawinna mass murder case : Defence continues cross-examination

Defence Counsel Tirantha Walaliyadde re-commenced the cross-examination of the witness, the court indicated that according to accused's passport he had returned to Sri Lanka in March 2001, after his last foreign visit.

Q: How far is the school from Nawayalatenne junction? - Can't give an exact distance.

Court: Generally what is the distance? - About 250 feet.

Counsel: How big is the school? - two storied.

At this stage the counsel suggested that there was no such school but only Mahaweli Vidyalaya was there inbetween Polgolla and Nawayalatenne. - I only know the cooperative school in that area.

Q: You did not go to support the candidates but for thuggery? - Never.

Q: You said you deviated to a side road at the clock tower because you afraid? W: Because the two defenders were chasing us.

Q: There were police guards in the bus carrying the ballot boxes. In addition there were police escorts so why did you want to run away from the main road? W: We did not want clashes.

Q: How many policemen were there? W: I don't know.

Q: You don't know because you were not there.

Q:You travelled from Polgolla to Katugastota? W: No.

Q: The bus carrying the ballot boxes travelled towards Katugastota? W: Yes.

Q: You followed the bus up to Nawayalatenne junction? W: Yes.

Q: How far is the Katugastota from Nawayalatenne junction bridge? W: I don't know.

Court: Generally what is the distance? W: About one kilometre.

Counsel: At the bridge there is a police checkpoint? W: There was.

Q: That means you could have been safe if you had proceeded without turning away?

Court: That is a hypothetical question.

Why did you turn to a insecured road? W: That I don't know.

At the checkpoint vehicles are checked. W: I dont know.

Court: Did you know that it was there earlier? W: Not certain.

Q: You turned at the clock tower because you were carrying firearms and granades in your van? W: No we didn't carry any weapon.

Q: You carried five duppis (home made grenades)? W: I have never seen such things.

Q: The police recovered five grenades from your van? W: That is what they kept.

Then the defence suggested that they turned away at the clock tower to avoid the check point but the witness refuted the suggestion.

Q: You said the defenders fired after the van crashed into the lamp post? W: Yes.

Q: You said you receive a shot in the back of your shoulder and then circled and fell dorsally? W: Yes.

You said they fired from the back and the left? W: Yes.

Q: In your evidence on 13.05.03 you said that there was firing from the drivers side? W: I dont know.

When the defence suggested that according to medical evidence this witness cannot get inquired unless the shot came from right. I got shot and survived according to the wishes of Allah!" replied the witness.

Q: How can you circle inside the van before falling?

Q: Now there is only 5 1/2 inches. W: At the time there was 1 1/2 feet space, now the seats are disarranged.

Q: Didn't you see that the seats are nailed to the floor board with strong brackets? W: I did not see. I get agonised when I go there.

At this stage the court allowed an application by the defence to visit and inspect the van and the seating positions. The measurements indicated that the seat had pushed forward in a slanting manner.

After the inspections the counsel suggested that the witness could not have got a bullet under that situation. The witness refuted the suggestion and said the bullet in fact hit him.

(Further case resumes today).

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