Archives

Udatalawinna mass murder : 4th, 5th and 8th accused fired at unarmed deceased and victims

by Kumar Wethasinghe

Addul Aziz Mohamed Firdhouse, a survivor of the Udatalawinna mass murder concluding his evidence before the Trial-at-Bar yesterday said that he could identify the 4th, 5th and 8th accused because he saw them firing at their van on the December 5, 2001 general election day. The deceased and the victims were all unarmed and had no intension of causing any violence.

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

Further cross examined by Defence Counsel, Jirantha Walaliyadde, Abdul Aziz Mohamed Firdhouse of Madawala yesterday said probably there was a seat fixed above the left rear wheel and probably few people sat on that seat.

That means you were seated in the third row? I cant agree to that as I was seated in the second row behind the driver. There could have been another row of seats in between.

When the defence suggested that four people cannot sit in a row, the witness urged to take him to the van parked outside courts so that he could confirm what he says.

I was in the second row behind the driver. Malik was seated in the front row.

Under cross examination by Defence Counsel, Anil Silva witness Firdhouse further said that he had four sisters and two brothers.

He said none of his sisters were married to Provincial Councillor Malik. However the earlier witness Malik's brother was married to one of his sisters. They were married since 1996. Although they were related the witness and Malik had limited associations. He had merely spoken to him at his sisters. When both of them got injured together on 5-12-01 they became close friends.

The witness said Madawala and Udatalawinna were under the Pata Dumbara Provincial Council. On 4-12-2001 there had been a meeting of UNP supporters at Provincial Councillor Malik's residence. Around 50 to 60 people had attended. Among them were Mazmi, Safar Faizer and Aziz. Azwar also would have been there.

At the meeting they had discussed how to stop rigging of votes. They had also decided to cast their votes as early as possible in the morning. The witness and Nazmi had actively involved themselves with the UNP campaigns. Safar had not worked so hard. They had also decided to tell the village folk to come to vote early morning.

The witness said at this meeting nobody decided to obstruct the roads by felling trees and lamp posts. The witness did not know who had poured oil and put rocks on the road near the Jummah Mosque. Tar was also poured on the road near the polls centre. About 500 people were gathered near that place.

At the meeting they had also mentioned about the polling agents the witness did not know who they were.

The witness knew that party supporters usually follow the buses which carry the ballot boxes during elections but that was not discussed at the meeting on 4-12-2001.

The witness refuted a suggestion by the council that it was a falsehood to say that it was not discussed at Malik's house. He further said that by seeing the Defenders going up and down the people were scared and that generally everybody thought it not advisable to go behind the bus.

It was the fasting season. He could not recollect whether he proposed Nazmi and Safor to follow the bus. The van came and stopped for them while they were going to a friend's place.

While the witness was warded in the Kandy hospital two people from the hospital had come and taken a description of the incidents. He could not remember whether he signed it or not.

That say he could not raise his hand and on the same night he was taken to a surgery. He was later transferred to Suwasetha (Pvt) Hospital, Kandy.

When the witness was at the private hospital just two or three days after sustaining gun shot injuries, the police had come to record their statements. The statements were recorded right throughout the night sometimes till 3.00 a.m. or 4.00 a.m. while they were in pain.

The witness at the time in pain could not remember whether he had said everything or not. Later when he was discharged from the hospital and after going to his Madawala home, the CID had come and recorded another statement.

He said he may have told the CID that Nazmi and Safor had called him to follow the ballot box bus.

Earlier there was no vehicle and while they were walking to go home the Dolphine van stopped and called them.

At the stage the defence suggested that witness version about going to meet a friend was false.

The witness replied that nobody had informed him that the SLMC Kandy office was sending a vehicle. Even at the meeting held at Mulik's house, no instructions were given about vans or following the bus.

The witness further said that he could not remember as to whether Faizer, Azwer, Nazmi, Safor, Rizwan got into the van together. He was only certain that Naxmi and Safor got in with him. He refuted that they all joined as planned before.

When they got into the van it was loaded therefore some sat on the laps of others. The police never questioned about the seating positions but the CID questioned in detail. He could not remember whether he told the CID about sitting on laps.

He further answered that at first he did not see Malik but had seen him after getting inside. He reiterated that at the time the police recorded his statement he was in a critical mood and that the statement could not be perfect.

The witness refuted the defence suggestion that they travelled behind the ballot box bus, according to a plan made earlier.

The witness reiterated that he did see the other blue van driven by Rizvan when it overtook them.

He refuted the defence suggestion that their van carried bombs. He had not seen any bags at the rear and nobody he saw carrying weapons inside it.

Asked whether he saw the van parked there before the voting finished? Witness Firdhouse said no.

The witness said at first he did not know that the van was sent by the SLMC Kandy office. Later its driver had indicated to him so. But he still did not know whether the other van with a blue line was also sent by the SLMC.

The witness said that he did know the accused prior to the incidents. However about 11 months afterwards he had identified them at the Karaliyadde Court. The witness had seen them first when they chased their van and rained bullets.

The witness totally refused the defence suggestion that the 4th, 5th and 8th accused were identified by the witness because the CID showed him their ID pictures.

Re-examined by the Deputy Solicitor General, Palitha Fernando the witness said that the van they travelled did not carry bombs and that no one travelling in it intended to cause any violence.

He said he could identify the 4th, 5th and 8th accused in the Karalliyadda Courts because he had seen their faces while they fired at their van.

(Further hearings today)

www.crescat.com

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries

Produced by Lake House
Copyright © 2003 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager