Royal Park murder case : Don't waste the Court time - Judge

U. Erangani

COLOMBO: Yesterday when the trial commenced at Colombo High Court No.6 the Courts' permission was sought on two occasions with regard to the suspect. It transpired that the accused Shramantha Jayamaha was sick and that he had to be taken to the toilet and also permission was sought to hand over some medicine for him by his father.

Witnesses number 57 and 58 namely Munasinghe and Shani Abeysekera of the CID was summoned to give evidence yesterday.

Mr. Munasinghe's evidence was led by DSG J. Jayasuriya.

Q:- Did you meet anyone at the deceased's house on 02.07.05 when you went there?

A:- Yes. I met the suspect.

Q: What did you tell him?

A:- I introduced myself and my officer from the CID and told him that we needed to question him.

Q:- Could you question him there?

A:- No. There was a very big crowd there and even Shramantha was not too willing to do it there.

Q:- Did you nominate another place?

A:- Yes, His father's house as there was already policemen there.

In his cross examination the defence counsel questioned the witness as to how he knew that the suspect disliked to be questioned there. The witness answered that he asked "here?" and he knew that he did not like to be questioned there. Thereafter the witness was questioned on the entries in the Register of vehicles maintained at the Royal Park Apartment complex.

Q:- The vehicle bearing No. 19-5757 has left on July 01, 2005 at 8.15 a.m.?

At this point the judge requests to see the register himself and after examining, he too declares that the witness is correct. At this point the defence counsel questioned the witness lengthily on the entries of the register to establish the earlier question.

Yet the witness declared that he has no personal knowledge of the register or as to how it is maintained and that those questions could be answered by the people who maintained it.

That is the private security guards. At this point the judge declared that "as a senior counsel please do not waste the time of this court by asking unnecessary questions. I also checked the Register, there is no 'in' or 'out' time. Do not keep on harping on that same irrelevant question.

Shani Abeysekara was the next witness to give evidence. He gave evidence about investigations he conducted at the crime scene, and as to the investigations he conducted and he also identified the mobile phones taken into custody of the suspect and his family and the clothes that were handed over to the CID by the suspect, as the clothes that he was wearing on the day of the crime, and the boxer shorts and the brown shoes he took into custody on a later day.

The Defence Counsel requested for the notes on the investigation made by the CID to be given to him. DSG J. Jayasuriya objected saying that the notes pertaining to the crime scene investigation has already been given and that the other notes were not necessary.

At which point both counsels made lengthy submissions with regard to the right of the accused to obtain these. Ultimately the Judge declared that the notes be given to the Defence Counsel and said that all these lengthy submissions were a waste of time as there was no major reason not to hand over the documents.

Daya Perera PC with A.L.M. Ameen PC and Mohan Peiris PC with Anuja Premaratne and Samapth Soyza appeared for the accused Shramantha Jayamaha.

Hemantha Warnakulasuriya, Ms. Inoka Gamge instructed by Vijitha Wickramasekara appeared on behalf of the interests of the deceased's relatives.

Deputy Solicitor Jayantha Jayasuriya with Senior State Counsel Haripriya Jayasundara appeared for the State.