A gruesome murder

Ananda Jayasena Snr Supdt of Police (rtd)

On the night of April 5, 1971 the Janatha Vimukthi Peramuna (JVP) cadre organized their first attack on police stations. One of the worst affected areas in these attacks was the Matara district, particularly Akuressa, Morawaka, Deniyaya and Mawarala. The SP at that time was weather beaten S D Chandrasinghe, a veteran policeman. What he did was, may be in the best interests of the men, to withdraw the men in the aforesaid stations to Matara headquarters and Weligama and fortified the two main stations.

As a result the insurgents had a field day and occupied almost all the remote stations. E E B Perera was specially sent from headquarters to the Matara division, as SP Division.

On the night of April 9, the insurgents set fire to Akuressa police, which was completely burnt, along with all Information Books, furniture etc. Only arms and ammunition were taken away by us.

On April 14, an army contingent came to Matara and opened their base at the Rest House. Col Duleep Wickremanayake, then a Major, was in-charge of the army platoon and was also the Competent Authority for the district. (He happened to be an old Anandian who had the distinction of bringing the Herman Loos Cup to Ananda College for the first time). He was strict, but an amiable officer. Akuressa police station was reopened on April 15, 1971 at the Rest House and two army platoons were also detailed to Akuressa police. This is for station guard duties and mobile patrols.

I had taken charge of the Akuressa police station on January 1, 1971 and had a strength of 2 Sergeants, 12 Constables and a police driver. One of them, a Sergeant and 4 Constables, also had come on transfer to Akuressa only on the same date. All in all five of us were new to Akuressa police area. Fortunately, Sgt 2001 Denipitiya and PC 1873 Umagiliya were from adjoining stations – Mawarala and Kamburupitiya. Mostly what we did during this early period was patrolling the area.

Dead body

On April 16, around 10.30 am when I was at the station, Sgt Denipitiya produced before me a shabily dressed elderly woman who was crying unceasingly.

She told me that about four days back when she was at home with her husband, around 12 noon, two of his first cousins came, armed with two shot guns and both of them simultaneously shot at her husband Carolis.

She gave the names of his first cousins as Ekmon and Upadoris.

According to her, the body of her husband was still lying in the front compound of their house. After killing her husband both of them took their guns and went towards their homes.

First Denipitiya and I thought that this could be a trap set by the insurgents to get us to the scene, but from the behaviour of the old woman we again thought that we could be wrong. I, Sgt 2001 Denipitiya, PCC 4496 Piyadasa, 1873 Umagiliya and 1064 Romiel, along with 8 army soldiers, and the informant Caroline Hamy left to the scene. As we came to the scene we found the story to be true.

The dead body of Carolis was found on the verandha of the house.

It was already bloated and a swarm of flies was found on the body. The body was lying on the front compound of the house, on a gravel land, face upwards, legs fully stretched, both hands bent at the elbows and there were about 15 patches of very small, circular blood drops, dried on the front of the chest.

He was wearing a tugged sarong and was bare bodied. As there was no place to record the deceased wife’s statement. I instructed Sgt Denipitiya to take her to the police station and record her statement in detail and also send an official message to the Magistrate informing him of the murder and to make arrangements to hold an on the spot Magisterial inquiry. I left with the two armed soldiers in search of the two suspects Ekmon and Upadoris.

A party of soldiers and a PC were kept near the dead body.

I had to wade through a stream, cross some paddy fields, climb a hillock to the house of Upadoris. He was not at home.

His wife Emaline told us that her husband Upadoris had gone to Malpudanella about a week back where he was engaged in cutting trees and was expected home in a day or two. She swore that her husband Upadoris has no gun at all and that Ekmon had a gun.

We went to Ekmon’s house. He was there. He admitted having shot his cousin Carolis with his licensed gun. The reason he gave was that he had encroached his paddy field during the days the police station was not functioning and has barbwired his portion and his brother’s land.

He said that he dropped both cartridges at the spot and brought the gun with him. He also handed over his licensed 12 more single barrel breach loading gun and 4 live 12 bore ‘Elley’ cartridges. Of these two were factory made and the other two were homemade. I took charge of the gun and the four live cartridges.

I smelt the gun. It was smelling of gun powder and the barrel had not been cleaned after use.

I also recorded suspect Sudu Hakuruge Ekmon’s statement in detail. He admitted he shot his cousin Sudu Hakuruge Carolis as he had forcibly taken Ekmon’s land.

In about three hours time PS 2001 Denipitiya came back with Carolin Hamy, wife of the deceased. He had already recorded her statement.

PS 2001 Denipitiya told me that Magistrate Matara had ordered Mr Bastian to hold the inquest at the scene and he was coming with the Court Mudaliyar and Denipitiya had kept two Constables and three Army soldiers to escort them to the scene.

Scene of murder

Mr Bastian arrived at the scene of murder, viewed the body, recorded the statement of Caroline Hamy, wife of the deceased and she told at the Magisterial inquiry that both Upadoris and Ekmon shot her husband with two shot guns simultaneously and carried the guns with them. Mr Bastian ordered the arrest of both accused and also gave permission to take the dead body to Base Hospital Mortuary Akuressa for the postmortem examination. And also gave an order in writing for Dr V Saravanapavanathan,JMO,Galle to personally hold the postmortem examination on the body of the deceased Sudu Hakuruge Carolis at the Base Hospital mortuary at Akuressa. My ASP at that time was G B Dissanayake. He was ASP Inland Matara.

When he visited the scene he went through my notes. Incidentally, he too had been OIC Akuressa Police long before me and knew a lot of people in the area. After going through my notes he said only eye witness is the wife of the deceased who herself is fairly old and for me to personally lead the evidence in MC Matara.

On the following day around 9.30 am, JMO Galle, Dr Saravanapavanathan (who was very much later killed by LTTE terrorists) held the postmortem examination on the body of the deceased.

He gave the cause of death as death due to gun shot injuries fired from a gun at close range. Also he handed over 8 spent slugs found on the body of the deceased. They were of different sizes and appeared to be from a homemade cartridge.

I produced suspect Sudu Hakuruge Ekmon in MC Matara and moved that he be remanded.

Also produced the gun given by the accused and the pellets given by the JMO at the postmortem examination and wanted the report of the Government Analyst as to whether the gun had been fired recently and as to whether the pellets produced would have come from the same cartridge.

Three days later Upadoris surrendered to the police station through Proctor Mahesh Jayawickrema.

The accused said that he was in the jungles cutting firewood at Malpudanella with some villagers whose names he does not know. He said that he never owned a gun and had never shot with a gun.

He was also produced in MC Matara and was remanded.

Subsequently I filed plaint in MC Matara against both suspects Sudu Hakuruge Ekmon and Sudu Hakuruge Upadoris under Section 296 of the CPC, read with Section 32 of the CPC.

Prosecution

Proctor Mahesh Jayawickrema defended both suspects in Courts whilst I conducted the case for the prosecution.

The first witness to be called for the prosecution was Dr V Saravanapavanathan, JMO Galle. He said he held the postmortem examination on the body of deceased Carolis at the Akuressa hospital.

He had died of gun shot injuries caused by a shot gun. The deceased has been standing and the shots have been fired from a close range. He handed over 8 spent slugs and some were homemade whilst others were factory made.

He was cross-examined at length. He said he examined the gun. It had been fired recently and slugs that were produced at the postmortem had pellets of factory and homemade ones. The clerk from the AGA’s office, Matara stated that the gun had been licensed in the name of the first accused.

The 4th witness for the prosecution was Carolin Hamy, wife of the deceased. It was a treat to watch her giving evidence. She was not excited a bit and let go her evidence like a stream. The Magistrate, Bar and the audience was surprised the way she gave her evidence. Even a clever Proctor like Mahesh Jayawickrema of the Matara Bar could not get anything in support of the defence.

After the sketch was produced by PS 2001 Denipitiya, I gave my evidence and closed the case for the prosecution. The Matara Magistrate Illeperuma committed the case to be heard in the Galle Assize.

Surprise evidence

After a year later the case came up in the Supreme Court Galle before Justice Ismail. The panel of the jury appointed for this case was English.

The Crown Counsel addressed Court in his opening session which kept the jury and the Court house spell bound and after that he led the evidence of all the witnesses.

Witnesses were cross-examined at length by the defence counsel and evidence of no witness could be shaken, including the elderly woman Carolina Hamy. Everyone present in Courts surprised the way she have gave her evidence. After two days of trail, the Judge started his summing up and addressed the Jury and ordered the Jury to retire and to come back after they formed an opinion of the case.

Twenty minutes hardly elapsed. The Jury was escorted to the well of the Court.

Unanimous verdict

The Court Mudliyar asked the Foreman of the Jury for their verdict and he told Court that the Jury had come to the conclusion that the accused are guilty of murder and it was a unanimous verdict.

Electricity of the Court House was put off. His Lordship the Judge came back and took his seat in the rostrum as usual but this time with a black wig on his head. He gave death sentence on both accused Sudu Hakuruge Ekmon and Sudu Hakuruge Upadoris to be executed in Bogambara Prison on a date one month hence.

Both accused appeal against the sentence but then Governor turned down the appeal. As the death sentence had been done away, they were sentenced to 20 years in jail.

About a month later, whilst I was going on rounds, I saw witness Caroline Hamy, the wife of the deceased Carolis. I spoke to her and casually asked her as to how she gave evidence in Courts without excitement.

She very innocently said that accused Upadoris was not present at the scene, but it was his brother Ekmon who fired two shots from his gun and killed her husband instantaneously and both of them had given them endless trouble throughout their lives. I nearly hit the ceiling.