HC refuses to accept video tape

Ward Place heroin case

Sandasen Marasinghe

COLOMBO: Colombo High Court Judge Upali Abeyratne yesterday refused to accept the video tape submitted by the defence of the Ward Place heroin case observing that the Court earlier refused twice to do so.

The Court observed that the tape had not been submitted in line with the Evidence Ordinance. The tape was not included in the production list by the Defence. The court made this observation when the Defence pleaded on an earlier date to keep the video tape in the Court registrar's custody.

The Attorney General indicted Mohammed Samoon Mohammed Shiyam, Jayagodage Upali Abeygunawardana and Murshida Shiyam alias Murshida Mubarak Murshida with six counts including for possession of 9 kg of pure heroin.

A team of PNB officers led by Inspector Priyantha Liyanage arrested the accused with bags of heroin weighing 23 kgs on November 28, 2003 at the residence of the first and the third accused at Ward Place. The Government Analyst Department revealed that it contained 9 kg of pure heroin.

The third accused of the case Murdhida Shiyam made a dock statement yesterday before the Court. She stated that she was born in 1967 and was married to Mohammed Shiyam in 1989. They had three children. At present they were 16, 12, and 10 years. They had four house assistants at home. She said they went to a funeral house on November 25, 2003 out of Colombo and returned on November 27.

She said she went to the market with one of her assistants on following day. On her way home a group of PNB officers halted her near the gate and accompanied to the house and made to sit near a table.

Her three children and the four assistants were made to sit there too. IP Liyange was there and Karunaratne recorded the house by a video camera. Liyanage and Rajitha told that a bag was taken from under a bed.

They said that the bag was 11 inches in height but when she measured the space under the bed it was only 9 inches in height. She said that they had no heroin at home. Her husband was set in this case as a result of a personal grudge with a PNB officer. With her dock statement the case of the Defence too ended and the Court fixed October 25 for written submission by the Prosecution and November 11 for written submission by the Defence. November 8, 9, and 10 was fixed for oral submissions.

Deputy Solicitor General Shavindra Fernando and Senior State Counsel Chethiya Gunasekara appeared for the Attorney General.

PCs Tirantha Walaliyadda, and Rianzie Arsakularatne and Attorney-at-law Anil Silva appeared for the first, second and third accused respectively.