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.
Sama / March 27, 2014
Guys, if the DNA results give clear evidences that this MR supporter – Chairman of the Tangalle Pradeshiya Sabha´s DNA matching with the traces, no court will be able to escape from the verdict.
“Alexandrovna said that she recalls “a man with curly hair” being among those who assaulted her”
This particular man with curly hair should be none other than Chairman of the Tangalle Pradeshiya Sabha:
If the victimized female was raped by all the evidenced men; all these men should either be sent life long imprisonments or beheaded as some countries imposed even harder punishments. World would raise the question why the particular crime invetigation took that long while similar crime case of a swiss lady to have raped in India took just less than 6 months to covict the accused. DNA technology is one of the very sensitive methods that have been used today in high crimes. Latter is sometimes clear as photo evidence given by CCTV cameras
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Amarasiri / March 29, 2014
Sama,
This is where the “Peoples Court Verdict” and “fatwa’ Comes in, when the State fails to prosecute criminals.
People need to prosecute, and punish.
Let any citizen to punish the culprits. The the criminals know that any citizen may punish and kill them based on their ethics.
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Sama / April 1, 2014
Hope the british prosecutors will react accordingly in case Rajapakshe ties would allow escape that former PS member from being convicted. This is prima facie evidence common wealth to react against MR´s lawless state.
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gamini / March 27, 2014
What an effort by the MR regime to allow a murderer off the hook merely because the accused is a member of the Nil Balakaya of the sibling Namal Rajapaksa? In the same manner the murderers of Madawala and Bahratha Lakshman are off the hook and so with the murderers of Lasantha and a number of others killed by this MR regime, allowed to go Scot free. We are supposed to have a JUDICIARY headed by a CHEAP JUSTICE.
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Palmsquirrell / March 27, 2014
The Prosecution and the Judge favor then accused, they are essentially part of the Defense. Not surprising as this case would never even have got to court were it not for pressure from the British prior to CHOGM.
The only reason GOSL even arrested the accused is because they were scared of the fallout that would affect CHOGM.
As with this case, we see the need for the Interntional community to hold GOSL’s feet to the fire, because absent external pressure the GOSL will never ever bring those guilt of crimes to justice , if said persons have connections.
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J.Thavarajah / March 27, 2014
No point.Judge,Prosecutor,Defence,Court Registrar, Translator,have all been given instructions to derail this.A mock trial?
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Muhammed Fazl / March 28, 2014
This is a serious test for the government to prove the credibility and independence of the judiciary in SL…
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Samuel / March 28, 2014
Today, I read somewhere, 10 men have been convicted with death penalties for single murder case occured in 2004 or so in Kandy.
The very same should be the case for British tourist murder case where the partner was proved to have raped by those alleged men incl PS saba candidate/president´s man
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thrishu / March 28, 2014
One thing that comes out clearly: anyone who collects votes for MR gets off scot free in Sri Lankan courts whatever the criminal activity that he has committed. MR said it himself to the journalists after the murder of Hirunika’s father by Kudu Duminda. Those who bring results to MR gets special treatment. This poor Russian woman will never get justice in SLK. The ogre of Tangalle will be feted by MR very soon. Just mark my words. Human rights are violated in SLK by the state itself.
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Sama / March 28, 2014
And paradoxially, the people would only VOTE for those who carry on all these crimes. Our nation is a wonder.
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Harry Hatton / March 28, 2014
The prosecuting lawyer is Sri Lankan supreme court material !
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Beboon / March 28, 2014
Hang them or kill them soon ..Dont waste time.There had been a DNA test and that must be produce before the court.
No president’s pardon after the court verdict.
Shame to hear such a story..
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Sulatitha Bathalamuttiya / March 28, 2014
but the guy close to President, though one among the key accused even dared to say ” all these are just to harm the govt- and as his wording translated – it will be just an pinch made on to govt”. Can you imagine ? Social scum have risen up to harm anyone today – thanks go to Rajapakshe rascals. If proved, the man´s genitals should be removed – not to rape anyone in this life again.
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Lasantha / March 29, 2014
TODAY HEADLINE NEWS……..40,000 NEW HOTEL ROOMS TO BUILT TO ATTRACT 2.5 MILLION TOURISTS BY 2016.
http://www.sundaytimes.lk/140323/business-times/40000-new-hotel-rooms-in-two-years-89644.html
At this level we will only get tourists who cook roti using an Iron, and Package tourists from China ( hotels, transport, tour guides are all owned and operated by China) with no visible foreign exchange coming to Sri Lanka.
Deceive, deception and lies at the highest level.
Both UK, Russia and the world are watching the outcome of this verdict.
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edelstein / April 11, 2014
The special prosecutor Thusith Mudalige and the junior counsel are also members of the presidential committee on disappearances. They are political hacks of the government seeking future judicial appointments.
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