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Udathalawinna trial : Eheliyagoda hospital DMO gives evidence

by Indeewara Thilakarathne

Malik's capability of climbing a wall with a fractured leg in fear for his life would depend on various factors such as the geographical features of the land said the DMO of the Eheliyagoda District Hospital Dr. D.R.W. Bandara when he was being cross-examined by Defence Counsel Anil de Silva before the Trial-at-Bar hearing the Udatalawinna massacre yesterday.

The Trial-at-Bar comprises High Court Judges, Eric Basnayaka (President), Deepali Wijesundara and Sunil Rajapaksa.

Earlier Dr. D.R.W. Bandara said that Malik's wound on the right hand which was a bullet entry wound which was a superficial one that the bullet did not gone through the shoulder.

With reference to the question raised by Defence Counsel Tirantha Walaliyadda Dr. Bandara read the report that says "Inside the van, in side of the van... at the time of the incident victim seated behind the driver's seat". Dr. Bandara said what he meant by the word "Corner" was same as the word "side of the van" in the report.

Then the witness was cross-examined by Defence Counsel Anil Silva.

Anil de Silva: "Could Malik walk with fractured led?"

Dr. Bandara: "It depend on the gravity of the wound."

Dr. Bandara said in spite of the fractured leg, it was still possible for some one to climb a wall in fear of death. The other factors such as geographical features of the land should also be considered in arriving at such a conclusion. Defence Counsel Anil Silva: "Is it your view that any task was possible when one was in fear of death?" Dr. Bandara: "Sometime people could do so". Defence Counsel Anil de Silva: "You testified as if you were a forensic expert".

Dr. Bandara said that he could not state for sure that the 1st and 2nd wounds on Sadeep were caused by bullets. But considering the nature and size of the wounds, it could have been caused by bullets. He said that he also considered other evidence such as the history of wounds and the bed ticket of the patient in determining the course of the wounds.

When the defence counsel Anil Silva suggested that the doctor should verify the medical history with other medical evidence available and incorporate materials outside the medical history, the witness said that in instances where the particulars furnished in the medical history were not reliable, such information was excluded from the report.

In such instances Dr. Bandara said that he would make his report based on his observations.Dr Bandara said in this instance he relied to a certain extent on the medical history made by the patient.

Re-examined by Additional Solicitor General Palitha Fernando, Dr. Bandara admitted that it could be possible for a person to resort to such action in fear of death. Further hearings resume on August 4, 2003.

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