High Court Judge Sarath Ambepitiya murder case :

Witness admits he received call from Naufer on November 19
 

by Sandasen Marasinghe

A friend of Naufer said that Naufer called him over the mobile phone bearing number 0723323418 on November 19, 2004, from which the alleged killers of High Court Judge Sarath Ambepitiya received a call 9 minutes earlier to the crime.

He said so when he was examined by Solicitor General C. R. de Silva before the Trial-at-Bar hearing High Court Judge Sarath Ambepitiya murder Case. The Trial-at-Bar comprises High Court Judges Upali Abeyratne (President), W. A. T. Ratnayake and I. M. Abeyratne.

Achala Sandaruwan Wijerama, a steward of the Steam Boat Restaurant continuing his evidence said that he did not see the bottles produced before the Court were sealed. He was cross-examined by Defence Counsel Sudath Karavita who is appearing for the second and fourth accused.

He further said that he did not see any special feature in the liquor bottle that accused consumed on the day of question but it was the only bottle consumed by customers between 11 a.m. to 2 p.m. When Defence suggested that the second accused did not come to restaurant that day, witness denied.

When the witness was cross-examined by Defence Counsel Nalin Indatissa, appearing for the third and fourth accused, he said that apart from the said group another three gentlemen and a couple arrived there but he did not serve them. He said that he could not tell what they were served with.

When Defence suggested that third and fifth accused of the current case did not come to the restaurant on November 19, 2004 witness denied the suggestion and stated that the fifth accused was the person who ordered liquor and meals. He also added that he could identify him hundred percent.

When steward Wijerama was re-examined by the Solicitor General he said that the three gentlemen often came to the restaurant and they did not take liquor at daytime.

Later Thilak Sri Jayalath (45) of Colombo 8 gave evidence. When he was examined by SG he said that he was a businessman and knew first accused, Naufer for nearly 15 years. Naufer was settled in Hulftsdorp.

He said that he had a mobile phone hearing the number 0714926707 which was registered under T. M. Miskin, one of his friends. The land phone number of the first accused was 2332630. He also had a mobile phone.

Witness Jayalath also said that he knew Sunil Gamage an importer of motor spare parts to Sri Lanka. He also engaged in Japan-Sri Lanka Cultural affairs. He accompanied a Japanese Cultural dancing troupe and later they performed concerts in Colombo, and remote areas such as Kurunegala, Hambantota, Ambalantota and Suriyawewa in November last year. Witness too went to a show in Tissamaharama on November 16, with Sunil Gamage and Miskin by a car burrowed from first accused Naufer. They stayed for three days. On his way to Colombo Mobile phone (0714926707) was in his possession on November 19, 2004.

At this stage Solicitor General showed witness a list of the numbers from which he received calls, issued by the Mobitel Company.

Witness said that he received a call from 0723323418 Cell tell phone at 2.40 p.m. on November 19, 2004. That was not a familiar number but he identified that it was from the first accused of the current case Naufer and Naufer asked about the vehicle.

At that moment he was at Hanwella on their way to Colombo. Naufer had not called him earlier with this mobile phone.

He said that after his return to Colombo he called to Naufer around 7 p.m. to his land phone and told that he would return the vehicle after a travel to air port. He handed over the vehicle on November 20 or 21.

Subsequently, SG showed witness a list of phone numbers to which witness has called from his mobile phone, issued by the Mobitel Company.

Witness said that he had called to Naufer's land phone at his residence 27 times in October and November including on November 19, 2004.

The Attorney General indicted Mohammed Niyas Naufer alias Potta Naufer, Hewavitaranage Nishantha Udaya Kumara, Sampath Thusara Abeywickrama, Henry Sujith Rohana Rupasinghe and M. P. Sumedha Niroshana with five counts including conspiring to murder High Court Judge Sarath Ambepitiya and his Police bodyguard Chief Inspector R. A. Upali around November 19, 2004.

Second to fifth accused were indicted for committing the double murder on November 19, 2004 and Potta Naufer was indicted for aiding and abetting the second to fifth accused to commit the crime.

Solicitor General C. R. de Silva, Senior State Counsel Sarath Jayamanne, State Counsel Haripriya Jayasundara, State Counsel Shanil Kularatne and State Counsel Uthpalangi Rajapakse appeared for the Attorney General.

President's Counsel Tirantha Walaliyadda, Sarath Ekanayake, Ravindra de Silva, Manjula Welagedara, Akalanka Ukwatta, Ranil Velaratne, Pushpakumara Amugama and Methsiri Paranavithana instructed by Laxman Perera appeared for the first accused while Sudath Karavita appeared for the second and fourth accused and Dilshan Fernando, Kelum Kumarasinghe and Nalin Indatissa appeared for the third and fifth accused. Nimal Muthukumarana appeared on behalf of the High Court Lawyers' Association watching aggrieved parties.