Fingerprint Registrar gives evidence at Ambepitiya Trial-at-Bar

by Sandasen Marasinghe

Sub Inspector Ariyawansa Silva of the Fingerprint Department said yesterday that he found 23 fingerprints on the van alleged to have been used by the suspects in the High Court Judge Sarath Ambepitiya murder.

He made this observation before the Trial-at-Bar hearing the High Court Judge Sarath Ambepitiya murder case when he was examined by Senior State Counsel Sarath Jayamanne.

The Trial-at-Bar comprises High Court Judges Upali Abeyratne (President), W. A. T. Ratnayake and I. M. Abeyratne.

Examined by Senior State Counsel Sarath Jayamanne the Fingerprint Registrar said that the fingerprints on the empty White Diamond Liquor bottle had been taken by the Colombo Crime Division but he did not see the bottle. The finger prints on the bottle, tallied with the sample fingerprints obtained from Sumedha Niroshana Patabendi and Nishantha Udaya Kumara.

When the witness W. M. Abeyratne was cross-examined by Defence Counsel Nalin Indatissa, he said that although some parts of the fingerprints taken from the van and liquor bottle were not clear, there are sections clear enough to come to a decision. Cross-examined by Defence Counsel Sudath Karavita,witness Abeyratne said said that ingredients in the gray powder used to improve the fingerprint on a surface before taking photographs did not, in any way, change the features of fingerprints.

Re-examined by Senior State Counsel Sarath Jayamanne witness said that though the design of the fingerprint cannot be identified even a small part of a fingerprint taken from a crime scene can be compared with a sample fingerprint.

Sub Inspector Ariyawansa Silva later gave evidence before the Trial-at-Bar when he was examined by Senior State Counsel Sarath Jayamanne. He said that a group led by him went to take fingerprints of the van, left opposite the Elvitigala Housing Complex, allegedly used by the suspects to commit the crime. He found 23 fingerprints on the van and photographs of them were taken by his photographer.

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.

The second to the 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 forth 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.