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| Tuesday, 1 July 2003 |
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by Indeewara Thilakarathne The President of Trial-at-Bar hearing the Udatalawinna mass murder yesterday allowed the defence counsel to lead portion of the evidence in camera. The Trial-at-Bar comprises High Court Judges, Eric Basnayaka (President), Deepali Wijesundara and Sunil Rajapaksa. Cross-examined by defence counsel Anil de Silva witness Mohamed Sajith said that he did not see certain people but observed the movement of people when he got down from the van immediately after the shooting. Defence Counsel: "I suggest that one Palitha Jayaweera spoke to you?" Mohamed Sajith: "No I did not know him". Counsel: "I suggest Athula Dissanayaka retrieved a grenade from one of your pockets". Mohamed Sajith: "No I do not Know". Counsel: "You have stated that loss of sensitivity of the nerves in the neck?" Mohamed: "Because of intense fear I could not feel anything". Counsel: "Then how did you know about the wound in the hand?" Mohamed: "I knew about the wound in the hand only when the police officer tied my hand with a piece of cloth". Mohamed said that the wound was in his right hand and that he consented to amputate his hand when the doctor told him that it was necessary to do so in order to avoid adverse effect that the wounded hand might cause on the kidney. The hand was removed by surgical operation at Peradeniya Teaching Hospital. The witness said that he did not know the name of the doctor who performed the operation. The defence counsel suggested that it was Dr. Buddige who performed the operation by which the wounded hand was removed. Mohamed said that he did not know that the operation was performed on December 13 and that his consent to it was given two weeks from the incident. The counsel questioned whether the witness had discharged and re-admitted to the Peradeniya hospital. Mohamed said that he had gone to the clinic. He said that it was quite possible for Mirisan to visit Muttur a month prior to the general election. He said that Mirisan stayed with him in Muttur and helped him in his business. Mirisan was unemployed in Madawela while his father worked as a peon to a lawyer. Witness Mohamed said that he was not aware of the election until Mirisan told him that he had to cast his vote in the morning on December 5, 2001. Mohamed stayed at the mosque while Mirisan went to Madina School to vote. Counsel: "I suggest that you came to Madawela with the sole intention of engaging in election-related activities?" Mohamed: "No". Counsel: "I suggest that on December 5, 2001 you got into the van as a part of a plan." Mohamed: "No, It was not so". Witness Mohamed said that though he knew that the vans parked at Madina Mosque at 4.00 p.m. were engaged in the election campaign for Rauff Hakeem, he did not know that those in the vehicles were his (Hakeem's) supporters. He said that what he testified to the court was true. He further said that he divulged almost every particular to the CID except that he practised a profession since 1996. He said that Mirisan was also engaged in the business of selling fish. He rejected the defence counsel's suggestion that he carried weapons when he got into the van on December 5,2001 and that one of the grenades he carried was retrieved from his pocket by Athula Dissanayaka. When re-examined by the Additional Solicitor General Palitha Fernando the witness said that the wound was in the upper arm and that he did not know Athula Dissanayaka retrieved a grenade from his pocket. He also said that he only heard the gun shots from behind the vehicle. Judge Rajapaksa: "Where did Mirisan and Malik sit". Witness: "Malik sat on the seat right behind the driver's seat by the window while Mirisan sat on my left." Judge Rajapaksa: "When did the vehicle come under fire, before the collision or after it". Witness Mohamed: "I do not know for sure whether it was after or before the collision" Further hearings resume July 2, 2003. |
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