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| Wednesday, 24 March 2004 |
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by Sandasen Marasinghe Defence Counsel Tirantha Walaliyadda stated that the indictment of the Udatalawinna case could have been changed if the sports pistol, found near the van at the scene of the massacre, was produced before the court. He made this observation, yesterday, before the Trial-at-Bar hearing the Udatalawinna massacre case. The Trial-at-Bar ordered the Officer-in-Charge (OIC) of the Katugastota Police, to produce the sports pistol found near the van involved in the incident. The Trial-at-Bar comprises High Court Judges Eric Basnayake (President), Deepali Wijesundara and Sunil Rajapakse. The OIC of the Gokarella Police, Inspector (IP) Leslie Hiriyadeniya, Former Katugastota Crimes OIC said he did not take notes in his note book that the bodies of the dead were removed to the hospital and the grenades were destroyed. But he had entered those facts in the main entry book. Having been re-examined by the Deputy Solicitor General Palitha Fernando, Hiriyadeniya said that the sports pistol found at the scene could not be considered a firearm. The Deputy Solicitor General requested the Trial-at-Bar to order the Katugastota Police to produce the sports pistol before the court. At this stage Defence Counsel Walaliyadda objected stating that the details regarding the sports pistol was revealed by the witness under cross-examination by the Defence and that they have been kept at the Katugastota Police since December, 2001. It had been hidden without being sent to the Government Analyst or to the Court. High Court Judge Eric Basnayake: "If it seems a sports pistol why do you object?" Defence Counsel Tirantha Walaliyadda: "Why was it kept without being produced before the court? If so the indictment could have been changed. We do not know whether the pistol has been changed by some one." Home Guard Weerawickrama Fernando of Wattegama Police replying the Deputy Solicitor General said that he was under supervision of Sub Inspector Pallawila in December 2001. He had gone to the scene with Pallawila around 6 p.m. on the day in question. When they went to the scene there had been a few Police Officers. He had started to collect spent cartridges at the scene on the instructions of SI Pallawila. When he collected around 18-20 spent cartridges the SI told him to go with him and he stopped collecting. He had put the spent cartridges in a shopping bag and kept them under the bed of SI Pallawila at the Police Station. The room was used only by SI Pallawila, he said. The witness further stated that a few days after the incident a person had come with another sergeant of the Katugastota Police and inquired about those cartridges. He did not know who he was and said that he could identify if he (witness) saw him. At this point the witness identified Chief Inspector (CI) Ampawala of Criminal Investigations Department (CID) as the person who over took the spent cartridges. Witness stated that he took the spent cartridges from under the bed since the room of SI Ampawala was opened and handed them over to Ampawala. Weerawickrama said that he collected few of the spent cartridges at the scene, under cross-examination by the Defence Counsel Anil Silva. Deputy Solicitor General Palitha Fernando, Senior State Counsel Achala Wengappuli, Senior State Counsel Shanil Kularatne appeared for the Attorney General and Tirantha Walaliyadda and Anil Silva appeared for the Defence. Further hearing resumes today. |
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