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| Tuesday, 9 March 2004 |
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Changes in the second B report - witness by Sandasen Marasinghe The Matale Additional District Court Judge C. V. Rajapakse, and former Teldeniya Magistrate stated that a letter sent by the Government Analyst (GA) noted that the GA received productions under sealed cover from Kandy Magistrate's Court but they were sealed at the Teldeniya Magistrate's Court on December 21, 2001. He made this observation before the Trial-at-Bar hearing the Udatalawinna massacre. The Trial-at-Bar comprises the High Court Judges Eric Basnayake (President), Deepali Wijesundara and Sunil Rajapakse. Rajapakse said that he saw a dead body fallen inside the van behind the driver's seat parallel to the seats, when he was cross examined by Defence Counsel Tirantha Walaliyadda. The former Teldeniya Magistrate stated that he observed 13 spent bullet cases at the scene on December 5, 2001. He collected few of them and gave them to a Police Officer and instructed them to collect the others. The First B-report was produced before the Magistrate on December 5 and the second on December 9, but no production was produced. Defence Counsel Anil Silva:-"Did you notice any changes made in the second B report. Rajapakse:-Yes, 18 spent bullet cases were cross cut and corrected as 19 and the signature had been made. Witness further stated that another B report was produced before him on December 12 with productions from P1 to P10 and Linton Ratnayake gave evidence. He said that he knew Linton was not at the scene on December 5. They were sealed and were sent to the GA. The former Teldeniya Magistrate stated that the production recovered from the dead bodies were produced before him on December 21, 2001 and they were also sent to the GA. The GA sent a letter to the Kandy Magistrate's Court which assured he received the production referred to a case at Teldeniya Magistrate's Court but the case number was not mentioned. A further letter noted that they received the production under the official seal of the Kandy Magistrate's Court. Defence Counsel Anil Silva:-"Is there any letter by the GA which assured he received the production sent on December 12, 2001?" The former Teldeniya magistrate:-"No" Rajapakse further stated that the Kandy Superintendent of Police Udugampola produced the 29 weapons for the first time before him on December 21, 2001. The weapons were covered with papers and sealed. On each covering paper, number of the weapon was noted. He could not remember whether he compared the numbers of the weapons with the numbers on the covering papers. He sent the weapons to the GA. He identified five weapons in the Court and he did not know what happened to the other weapons. He further stated no clear letter was sent by the GA noting that he received the weapons. Deputy Solicitor General Palitha Fernando, Senior State Counsel Achala Wengappuli, Senior State Counsel Mohan Senaviratne and Shanil Kularatne appeared for the Attorney General while R. I. Obeysekara PC, Tirantha Walaliyadda and Anil Silva appeared for the Defence. Further hearing was put off for March 10. |
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