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| Tuesday, 24 June 2003 |
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by Indeewara Thilakarathne The Trial-at-Bar hearing the Udatalawinna mass murder yesterday declared the prosecution's witness A.M Anura Bandara, the gatekeeper at the Palletalawinna railway crossing as an adverse witness and began to cross- examine him when the trial commenced at the High Courts of Colombo. The Trial-at-Bar comprises High Court Judges, Eric Basnayaka (president), Deepali Wijesundara and Sunil Rajapaksa. Earlier when the witness was examined by Senior State Counsel Additional Solicitor General Palitha Fernando, he said that there is a makeshift gate at the Palletalawinna railway crossing. The gate was made out of iron plates. He said he works from 2.00 p.m to 10.00 p.m and the shift changes once every week. Y.M. Madduma Banda had worked with the witness. Witness Anura Bandara said that he is a native of Palletalawinna and lived there since his childhood. He had joined as the gatekeeper on July 1, 1989 and after about eight years service he was absorbed to the Railway Department. However Anura Bandara's service was suspended for seven months after a motor trolley accident at the crossing. He also said that he knew the 12th accused Mahinda and that he did not campaign for any political party at the 2001 election. He has pasted posters for Keheliya Rabukwella as Preseident Premadasa gave him the job. By supporting Keheliya Rabukwella the witness thought that he could make his job permanent. Anura Bandara was on duty on December 5, 2001 from 2.00 p.m to 10.p.m. Palletalawinna is between Katugastota and Udatalawinna railway stations. He said he closed the gate when he heard the approaching sound of the train. At 5.00 p.m as he was waiting for the train scheduled for 3.30 which was running late that day. At 20 slippers from the gate toward Kandy, he had seen a white van with blue line proceed towards Jambugaspitiya. It travelled faster than an ordinary vehicle on the road, which was full of turns. The van was followed by a Defender. The Defender succeeded by another. Then the witness hid behind a roller. The witness saw one Defender chasing the van whilst firing at it. When he came to the Coffee tree at the station he saw a shooting which went on for about five minutes. The train arrived 20 minutes from the shooting. When questioned the witness further said he saw the front of one of the Defenders turned towards Palletalawinna. Two persons masked with red and black cloth, alighted from the Defender and shot at the van at close range. He said that he hid in the cloakroom for the watcher. At that stage the President of the Trial-at-Bar High Court Judge Eric Basnayaka warned the witness not to testify either to implicate someone or not implicate in the case but to tell the truth. Continuing his evidence, Anura Bandara said that on December 3, 2001 he was threatened and attacked by some unknown persons whilst engaged in pasting posters for the election. At that stage Senior State Counsel Palitha Fernando made an application seeking Court's permission to declare the witness as an adverse witness and to cross-examine him. Accordingly the Trial-at-Bar declared the witness adversed to the prosecution and allowed the counsel to cross-examine him. Cross-examined by Senior State Counsel ADG Palitha Fernando the witness said that he made a statement to the CID voluntarily. He said that the 12th accused requested the witness to support Anuruddha Ratwatte and the witness had declined the request as he got his job from President Premadasa. President of the Trial-at-Bar High Court Judge Eric Basnayaka: "Did he tell you that he would get your job permanent if you agree with his request?". Bandara: "Yes, he said so". Senior State Counsel ASG Palitha Fernando: "Did you tell this court that you saw two Defenders passed". Witness: "yes, I saw". Counsel: "Why did you not say so?". Witness Bandara: "I did not see the second Defender clearly". High Court Judge Basnayaka: "Now you said that you saw only one Defender". ASG Palitha Fernando: "Did you state in the statement to the CID that two Defenders chased the white van?". Witness Bandara: "I told the CID that I saw the first Defender pass by. From the rail-gate I saw 12th accused Mahinda driving a doublecab towards Kandy. The white van passed and was followed by two Defenders. Thereafter Mahinda came driving a doublecab. There were no other vehicles on the road". Witness: "I could state for sure that Mahinda drived the cab as I saw it clearly". Counsel: "Did anyone in those vehicles make any sound?" Bandara: "No, I could not hear anything clearly amidst the firing". Counsel: "But you have stated in the statement to the CID that those in the vehicle shouted "Marapiyau...oKunta vedi tiyapan". Witness: "Yes, I said so". Counsel: "You said that you did not know anyone in those vehicles?". Witness: "yes". At that stage the President of the Trial-at-Bar High Court Judge Basnayaka asked the witness that he had stated the 12th accused Mahinda drove a cab in the statement to the CID. Witness: "I have a doubt then. But now I am certain that it was Mahinda who drove the cab". At this stage witness said that he was threatened by Raja, Anil and Chuti Malli, the previous day when he went to tea to a nearby boutique at 5.40 p.m and that he was on duty from 2.00 p.m to 10.00 p.m at the gate. They had threatened the witness and told him not to come back to the village after testifying in the Court. He said that he on account of these threats, he did not testify against the 12th accused Mahinda. Hearings resume today.
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