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| Wednesday, 11 June 2003 |
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by Indeewara Thilakarathne "I ordered Major Premalal to take the accused Army officers to Military Police Headquarters in Kankesanturai", said Major Sidney de Zoysa of the Military Police, continuing his evidence before the Trial-at-Bar hearing the Mirusuwil massacre at High Court of Colombo yesterday. He was being examined by Senior State Counsel Sarath Jayamanne. The Trial-at-Bar comprises High Court Judges S. I. Imam (President), Sarath Ambepitiya and Kumar Ekaratne. The Attorney General has framed charges against five soldiers of the Sri Lanka Army attached the Gajaba Regiment of the Saliyapura camp with the murder of eight persons and causing injuries to another who were residents of Mirusuwil village Jaffna on December 19, 2000. According to the indictment, the accused are charged on 19 counts under section 146 to be read with Section 296 of the Criminal Procedure Code. Examined by Senior State Counsel Sarath Jayamanne, Major de Zoysa said that he had given instructions to Captain Bandara to bring Mahesvaran and others in a cab through the Farmwatte road which terminates at the house where the Army detachment was stationed, to Mirusuvil hospital. After the accused soldiers being produced by Sergeant Ranasinghe, the witness with Major Premalal had travelled back to 55th Division Headquarters in Mirusuvil, with the arrested accused soldiers. On the instructions of Major Tennakoon, witness travelled back to the toilet pit with Mahesvaran and others. Major Premalal took snaps of Mahesvaran and others at the pit with the camera given by Captain Ashita Bandara. They took pictures of the pit and the pit with the opened slab. Major de Zoysa said that he ordered Sjt. Jayakody to record a statement from Ponnadurai Mahesvaran.He said that he ordered Major Premalal to go to Kankesanturai with the arrested soldiers. When queried on the functions and duties of the Military Police,the witness said that they conduct preliminary investigations into incidents involving soldiers on complaints made by the people or findings by the MP. However the Military Police does not have wide powers to conduct further investigations as done by the Police. At the first instance, the MP directs cases for further investigations to civil Police while conducting departmental inquiries in the Army. He said that at no stage was he accused of threatening, intimidating, persuading or forcing any of the accused to make a confession and that no such allegation was made at him by either the Magistrate's Court or any officer in the Army. Major de Zoysa said that he met Major Premalal at Kankasanturai Headquarters and that he(Major Premalal) told him of an alleged confession made by one of the accused soldiers. At this stage Senior State Counsel Sarath Jayamanne made an application seeking the permission of the bench to conduct further evidence on the alleged confession made by one of the accused soldiers to Major Premalal. State Counsel submitted that he will also call Major Premalal to testify in the Court. The Counsel for the defence, Anil de Silva objecting to the application made by Senior State Counsel Sarath Jayamanne, citing Section 25 of the Evidence Ordinance said that no confession made by an accused to a Police officer can be proved against the same accused in Court. He further submitted that a confession made by an accused to a Military Police officer is also within the provision of this Section as the term " Police Officer" has not been interpreted by the Supreme Court. Senior State Counsel Sarath Jayamanne, N. Marasinghe ,State Counsel Sanjeeva Dissanayaka, Chetiya Gunasekara appeared for the prosecution. Further hearing resumes on Monday. |
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