Concerns have been raised regarding the conduct of the Attorney Generals departments prosecuting officials after they refuses to re-examine to the main witness at the trial into the murder of British Aid worker Khuram Shaikh.
In criminal cases once a witness gives evidence the witness is subject to cross examination by the other party. During the cross examination the main evidence of the witness is attempted to be broken by either insinuating that the evidence is false or by attempting to discredit the witness.
The defence counsel during today’s cross examination attempted to show discrepancies in the statements she made to the police, hospital and others immediately after the incident after which she pleaded with the court to understand her state of mind at the time.
However, in normal circumstances the prosecution would re examine a witness in order to clear any doubt that May have arisen during cross examination, which to the surprise of packed court room did not take place. When asked by the judge if the special prosecutor appointed by the Attorney General wishes to re examine the witness he declined to do so, thereby effectively concluding the evidence of the prosecutions main witness.
The girlfriend of the deceased Victoria Alexandrovna giving evidence at the Colombo High Court today told court to give consideration to the state of mind she was in when she made initial statements to the Police.
” I lost the person I loved the most, and he was murdered by the accused. I was gang raped. I knew this because of the bruises I suffered and the severe pain I had on my lower body after I regained consciousness” she told the court in Russian, which was translated into Sinhala.
Defence Attorneys including Jayantha Weerasinghe PC, Kalinga Indrathissa PC and U.R De Silva defended the accused.
The Attorneys Cross examined the witness on all aspects of the evidence and the circumstances of the incident.
While giving evidence, Alexandrovna said that she recalls “a man with curly hair” being among those who assaulted her.
However, the Prosecution did not ask her if the man with curly hair is on the dock.
The third accused, the Chairman of the Tangalle Pradeshiya Sabha possesses curly hair.
Many Lawyers present in the court and journalists were of the opinion that Prosecuting Counsel did not object to the questions posed by the Defence Lawyers.
The prosecution was led by a special prosecutor appointed by the Attorney General Sujeewa Mudalige.
The trial will resume on March 31.