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| Saturday, 2 October 2004 |
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by Sandasen Marasinghe Defence Counsel Anil Silva of Udatalawinna Massacre Case yesterday, challenged that large number of Army Intelligence Units lost their lives after the Aturugiriya investigation since the Superintendent of Police Udugampola and the Police team led by him acted maliciously against Army. Police Inspector P. Darmaratne denied this suggestion by the Defence Counsel before the Trial-at-Bar hearing the Udatalawinna massacre case. The Trial-at-Bar comprises High Court Judges Eric Basnayake (President), Deepali Wijesundara and Sunil Rajapakse. When IP Darmaratne was examined by Deputy Solicitor General Palitha Fernando said that he took a Land Rover Defender jeep into custody at the garage of Petrolium Corporation on December 27, 2001 in connection with the Udatalawinna incident. At this stage witness was accompanied by the translator of the Court House Kosala Fonseka and identified the defender jeep at the court premises. When IP Darmaratne was cross examined by Defence Counsel Tirantha Walaliyadda PC said that he took two suspects into custody at Lunugamvehera on December 30, 2001. He was instructed to do so by the SP Udugampola around 5 a.m. over the phone. He left the Kandy Police Kennel Division around 5.12 a.m. They reached the Lunugamvehera Police around 1 p.m. and took the two suspects into custody around 1.15 p.m. at Lunugamvehera bus stand. They returned to Kandy Police Kennel Division 00.30 a.m. on December 31, 2001. Statements were taken from suspects. Defence Counsel Tirantha Walaliyadda PC:-When the statement from Indika Wijeratne was taken?". Witness:- "At 9 p.m. on December 30" Defence Counsel Tirantha Walaliyadda:-"How did you take statement at 9 p.m. since you arrived at 00.30 a.m. on December 31." IP Darmaratne:-"We arrived at 8.45 pm on December 30 but made notes at 00.30 am on December 31 after taking statement." Defence Counsel Tirantha Walaliyadda PC:-"According to your notes the two suspects have been taken at Lunugamvehera at 1.15 p.m. but the notes have been made about it at 1.05 p.m." Witness:-"I started to make notes at 1.05 p.m." Witness IP Darmaratne denied the suggestion by President's Counsel Tirantha Walaliyadda that his notes were false. The witness also denied the suggestions by the Defence Counsel Anil Silva that the Police team led by Udugampola acted so maliciously against the Army that they also acted against the accused 4 and 9 in this case who were Army personnel. The witness also denied the suggestion by the Defence Counsel Anil Silva that a large number of personnel from the Army Intelligence Unit were lost after the investigation at Athurugiriya since you acted maliciously against the Army. IP Darmaratne stated that they conducted an investigation at Athurugiriya while they were conducting the investigation into the Udatalawinna incident. They used some of the facts revealed at the Udatalawinna investigation for the investigation at the Athurugiriya. When Attorney General instructed them to stop the investigation at Athurugiriya they ended it. IP Darmaratne also stated that he was promoted to IP post in August, 2003 and by that time he was the second accused of a fundamental rights case filed before the Supreme Court for torturing a person inhumanly and detaining illegally. First accused was SP Udugampola and the third was Katugastota OIC Mohottigedara. He further stated that the Supreme Court ordered SP Udugampola to pay a compensation of Rs. 300,000 to the victim. Deputy Solicitor General Palitha Fernando and Senior State Counsel Achala Wengappuli appeared for the Attorney General while President's Counsel Tirantha Walaliyadda and Anil Silva appeared for the Defence. |
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