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| Tuesday, 25 May 2004 |
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CID directed not to record statements from Godage by Sarath Malalasekera Colombo Chief Magistrate and Additional District Judge Sarojini Kusala Weerawardena, hearing the Thilanga Sumathipala case, yesterday directed the Criminal Investigation Department (CID) not to record further statements from prosecution witness Mahinda Godage alias Bada Mahinda, now in remand prison, until his evidence is completed in Court. The Judge made this order after lengthy submissions by Senior State Counsel Yasantha Kodagoda and Senior Defence Counsel Gamini Marapana PC regarding the evidence of Mahinda Godage. At the outset Mahinda Godage giving evidence in chief led by Senior State Counsel Yasantha Kodagoda said that assassinated Dhammika Amerasinghe was a close schoolmate and a relative of the witness. Questioned at length about the relationship between the witness and Dhammika Amerasinghe, the witness said that Dhammika was married to Chitra who is a very close relation of the witness. Examined further by Senior State Counsel Kodagoda witness Godage said that he had used Dhammika's vehicle on a number of occasions. One day he took Dhammika's vehicle to the garage, there he found two passports inside the cubbyhole. Those two passports carried two names one was Nandana and the other was Kapila. Answering the Judge, the witness said that the photos of those two passports were of Dhammika Amerasinghe. Witness said that on two or three occasions that he had driven Dhammika Amerasinghe towards Lasantha Wickrematunga's house. Asked who is Lasantha Wickrematunga, Godage said that he is an editor of a newspaper. The witness said that Dhammika Amerasinghe's father was killed when he was a student and Dhammika's brother Chinthaka was killed by one of his (Chinthaka's) friends somewhere in 1992 or 1993. One day when the witness and Dhammika were travelling in a car they were stopped by Army personnel at a security point near the Colombo Technical College junction. At this point Dhammika had told the witness to tell the Army security personnel that Dhammika's name as Buddhika Priyasantha Godage. At this stage Senior Defence Counsel Marapana objected to the evidence of the witness and said that heresay evidence could not be accepted in Court, as Dhammika Amerasinghe is dead he is unable to give evidence before Court. Senior State Counsel citing several authorities submitted that the present witness said that what Dhammika Amerasinghe had told him. Citing the Evidence Ordinance Section 32 and sub section 3 (3) and 37 New Law Report, Senior State Counsel Kodagoda said that if it is a true statement, it could be accepted by the Court and it is very relavent to this case. Senior Defence Counsel said that the interpretation of Section 32 was incorrect. The prosecution cannot bring any criminal charges against hammika Amerasinghe as he is dead. On an application by Senior State Counsel Yasantha Kodagoda, the Judge directed the police to clear the Court house as there was a threat to several prosecution witnesses in the case. Court directed ASP Premalal Ranagala to clear the Court and allow only the close family members of Thilanga Sumathipala, lawyers and the media to follow the proceedings. Sri Lanka Telecom Chairman and former Sri Lanka Cricket President Thilanga Sumathipala is charged under the Immigration and Emigration Act, for aiding and abetting an underworld gang leader Dhammika Perera alias Dhammika Amerasinghe to travel to England to witness the World Cup Cricket tournament in 1999 on a forged passport. The offence had been committed between April 1, 1999 and June 15, 1999. Earlier Sumathipala pleaded not guilty to the charges read out to him. Senior State Counsel Vjith Malalgoda, Senior State Counsel Yasantha Kodagoda, Senior State Counsel Priyantha Nawanna, State Counsel Amendra Seneviratne, State Counsel Damith Totawatta and Prosecuting Attorney Rohan Jayasundera appeared for the Attorney General with the CID. President's Counsel Gamini Marapana, Rienzie Arasacularatne PC, Dr. Harsha Cabral, Navin Marapana, Harin Gomes, Ranjan Srikantha, Wasantha Batagoda appeared for Thilanga Sumathipala. The proceedings were adjourned until May 27 to submit written submissions by both Counsel in connection with the evidence of the present prosecution witness. The trial will resume on May 31 at 2.00 p.m. |
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