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Evidence contradictory : 

Court aquits four murder suspects

by Sandasen Marasinghe

Colombo High Court Judge Eric Basnayake last week acquitted four accused who were indicted on murder charges and attempted gang rape, observing that the Police investigation was confusing and also suspicious apart from the contradictory evidence.

Court acquitted W. M. Hirantha Kumara Silva, Pradeep Udaya Kumara, Wedage Don Kamal and P. B. Naleen Bandula who were indicted on 11 counts including the commission of the murder of Sabri Mohideen in Mount Lavinia on January 9, 1999.

They were also indicted on attempted gang rape of the prospective wife of the deceased, Odri Baba at the same place and committing burglary of jewellery and other possessions.

According to the evidence Odri Baba had come from abroad to marry Sabri Mohideen and they had gone to a club in Mount Lavinia around 9.30 p.m. on the day in question. Having spent a few minutes at the beach they had come to the car park of the club and Sabri had got into the car.

When he opened the door of the vehicle some other party had got hold Odri Baba. Then some one else had aimed a pistol at Sabri and later he was pierced with an eight-inch-knife. First and the third accused attempted to rape the woman and being wounded Sabri went in the direction of the club seeking for help while the accused had fled with possessions of the couple.

The Court observed that Odri giving evidence said there were four gang members at one time and six at another and this was contradictory. And the Court also observed that there were several other contradictory evidence given by her. Court also observed that Odri Baba was the only eye-witness who witnessed the burglary and the attempt of gang rape.

The Court which observed that the Police investigation was confusing and suspicious acquitted the accused.

Attorneys Leslie Iddamalgoda, Inoka Perera, Gayan Perera with Prabha Perera and Nihal Kulasinghe with Somapala Gamage appeared for the Defence.

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