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Udatalawinna massacre : Defence counsel cross examines Teldeniya Magistrate

by Sandasen Marasinghe

Teldeniya Magistrate Preethi Inoka Ranasinghe submitted that in a letter to the Superintendent of Prisons she ordered to help the group of police personnel led by Udugampola to record a statement from the suspect Wijeratne in prison, before the Trial-at-Bar hearing the Udatalawinna Massacre at the High Court, Colombo, yesterday. She was being cross-examined by the Defence Counsel Anil Silva.

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

Witness further stated that the former Teldeniya Magistrate had permitted the police to take statements from five suspects in the Bogambara prison and she herself permitted a group of CID personnel to enter the prison to obtain the finger prints of some suspects.

Defence Counsel:- "When the identification parade on February 18, 2002 was held, did Shifan say that he did not observe what a suspect he identified, did at the scene of the crime?"

Witness:- "No. Such a sentence typed on the note is crossed, it is a correction, but my signature is not there. I can remember that correction was there when I put my signature there at the end of the report. I cannot remember the name of the typist."

When the Defence Counsel suggested that witness Shifan, said that he did not see what the suspect did the Teldeniya Magistrate denied it.

The Teldeniya Magistrate answering to the questions raised by Defence Counsel observed that the identification parade had to be postponed due to the requests made to produce witnesses Kamil and Sakeer who was being treated in the hospital by that time. But they were not produced at the parade. Some suspects had been produced before the court on December 26, 2001.

Witness further submitted that the first B-report in regard to the current case was produced on December 6, 2001 and the Wattegama Police had been ordered to defuse the grenades, produce the vehicles before the court and get a report from the Government Analyst. Until she was informed on August 26, 2002, by the State Counsel that the case was determined to be heard before a Trial-at-Bar, the report by the Government Analyst was not produced before Court.

The Teldeniya Magistrate stated that a B-report by Linton Ratnayake noted that he (Linton) discussed with the officers of the Government Analyst's Department and in another B-report he mentioned that he discussed with Gunatilake and Madawala of the Government Analyst Department. The Government Analyst was ordered to produce a report of the production in connection with the current case as soon as possible, in a letter sent on March 18, 2002. On April 29, she ordered the Government Analyst to produce the report before May 13, 2002.

Witness answering the Defence Counsel further said that no report regarding the finger prints was produced before the court, but a group of CID personnel had requested permission to take fingerprints of some of the suspects in the prison.

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