Royal Park murder case: I did not read affidavit, I just signed it - Preethi Jayamaha

Upeka Erangani Perera

COLOMBO: Preethi Jayamaha in his evidence, on behalf of the accused, said that when his son was remanded, he did not request that his son be seen by a psychiatrist, instead his son was seen by an orthopaedic surgeon.

He stated that he decided to consult a psychiatrist only when the Senior Counsel for the Defence, Daya Perera, directed him to do so. The psychiatrist, Dr. Perimpanayagam, was arranged by Daya Perera P.C. He, under cross examination admitted that he signed the affidavit without reading it, because his lawyer told him to sign it.

The Royal Park Murder Case resumed, before High Court Judge Colombo I.M. Abeyratne, after it was adjourned last Friday. The Court made reference to the fact that defence had summoned the Registrar of the Supreme Court, but had failed for the second time to inform Court what documents the witness was expected to produce.

The defence called Mr. Jayamaha, the father of the accused as their second witness. Jayamaha's evidence was led by Daya Perera P.C. The witness stated that he went to the United Kingdom when he was 17 years old and got married to Sandra Jennifer in 1978 in Sri Lanka.

The accused was the youngest of three children born in to that family and he was born in 1985. He said that they started quarrelling when the accused was around one year old and that fights took place mostly at home.

He further said that he closed his spare parts business and that now he is involved in construction and property business. He and his wife had divorced in 1996 and it had been an acrimonious divorce. After the divorce the children had stayed with him at Bagatalle Road. He is now staying at Nawala.

He further testified that on 02.07.05 he went with the accused to the CID around 7.30 p.m. and that lawyer Sumedha with some other lawyers were also there.

He said that during the trial there were many consultations with the lawyers and that he came to most of them. He had also had a consultation about a doctor and said that Mohan Peiris P.C. asked him to send an e-mail to the doctor.

He said when he first called Dr. Perimpanayagam he had told him that he would first like to talk to his counsel. Then he had told the doctor that his counsel was Daya Perera and the doctor had said that he knows the counsel.

Thereafter the doctor had talked to both him and his wife Sandra over the phone. He had asked about his son, their marriage, how it was, about the children and their general behaviour. He said that he answered the doctor truthfully.

The witness was cross examined by Deputy Solicitor General Jayantha Jayasuriya.

Q. When did this accused start his education in Sri Lanka?

A. When he was about 3-4 years old.

Q. Which schools did he attend?

A. Wycherly, CIS and ACBT

Q. Where did he reside?

A. At my house.

Q. He started in about 1989?

A. Yes.

Q. He went to several international schools and qualified for higher studies in Australia?

A. Yes.

Q. In which year did he go?

A. 2002

Q. You were satisfied with his education?

A. Sometimes I was not satisfied. Like when he wanted to change from Business Law.....

Q. But that was after he went to Australia?

A. Yes

Q. The accused came back to Sri Lanka?

A. Yes, in November 2004.

Q. He didn't want to live in Australia anymore?

A. Yes. To some extent.

Q. With whom did you go there and at what time?

A. With Prasantha and Shramantha around 12 p.m.

The witness took a long time to answer these questions and at this point he looked at some notes he had with him.

Q. What are you checking?

A. Some notes.

Q. Where did you make those notes?

A. At home yesterday. Because I knew I would be cross examined today.

Q. So from where did you come there?

A. From a place like.. Colombo 15..

Q. Why did you call Dr. Perimpanayagam?

A. Daya Perera asked to arrange a doctor. That he would like to have some discussions.

Q. What sort of doctor?

A. A psychiatrist.

Q. Was that the first time you decided to see a psychiatrist with regard to him?

A. He has been to a psychiatrist 3-4 times before this. Once when he was about twelve years old and the other times were after he returned from Monash.

Q. After he was remanded how many times did doctors check him?

A. To my knowledge... I don't know.

Q. No doctors examined him?

A. He went to an orthopaedic for his bad back.

Q. Did the JMO check him?

A. Not to my knowledge.

Q. No Psychiatrist checked him when he was in remand?

A. No.

Q. Until you contacted Dr. Perimpanayagam under the lawyer's advice, did you personally feel he should be referred to a psychiatrist?

A. No.

Q. How did you select Dr. Perimpanayagam?

A. By Daya Perera.

Q. He was selected by the counsel for his need?

A. Yes. Questioned by Court

Q. You told Mr. Shani Abesekara that your son displays abnormally behaviour when he is under pressure? A. Yes. Q. What did you mean by 'abnormally behaviour'?

A. Some time he talks a lot. Some time he doesn't talk at all, he just stares at one place. Daya Perera P.C. with A.L.M. Ameen P.C. and Mohan Peiris P.C. with Anuja Premaratne, Sampath Soyza appeared for the accused Shramantha Jayamaha. Hemantha Warnakulasuriya, Waruna Dassanayake, Inoka Gamage instructed by Mrs. Vijitha Wickramasekara appeared on behalf of the interests of the deceased's relatives. Jayantha Jayasuriya, Deputy Solicitor General with Mrs. Haripriya Jayasundara, Senior State Counsel and Mrs. L. Karunanayake appeared for the Attorney-General.