The Prageeth Eknaligoda disappearance case resumed with a recalled witness alleging pressure to give false evidence and facing cross-examination.
COLOMBO — The trial over the abduction and enforced disappearance of journalist Prageeth Eknaligoda has resumed before a permanent three-judge High Court bench, with the case’s fourth witness alleging that the first accused had repeatedly pressured him to give false evidence.
Sumathipala Suresh Kumara, also known as “Murali”, returned to the witness box after the prosecution was permitted to recall him despite objections from defence counsel.
The case is being heard before the permanent three-judge bench comprising Presiding Judge Nayana Senaviratne and Judges Nalin Hewawasam and Lakmali Hewawasam at the court complex on Wijerama Mawatha, Colombo 7.
During the resumed evidence, Suresh Kumara alleged that first accused Lieutenant Colonel Shammi Kumararatne had threatened and pressured him on several occasions to give false testimony in relation to the case.
The allegation has become a significant issue in the trial because any attempt to influence a witness in criminal proceedings could have serious legal implications. The claim remains an allegation made in evidence and has not been judicially determined.
Court Allows Witness to Be Recalled
Deputy Solicitor General Wasantha Perera, appearing for the prosecution, sought permission on July 24 last year to recall Suresh Kumara.
Defence lawyers strongly opposed the application.
After considering the objections, the three-judge bench unanimously granted the prosecution permission to recall the witness.
Defence counsel subsequently appealed against that order and asked the High Court to suspend proceedings until the appeal was decided.
On September 4, however, the bench ruled that the order was an interim order that could not be appealed against and directed that the recording of evidence should continue.
The source describes the ruling as legally significant in relation to the Code of Criminal Procedure and the exercise of judicial authority.
Cross-Examination Turns to Eknaligoda’s Views
Attorney Asith Siriwardena, appearing for the seventh accused, began cross-examining Suresh Kumara after he returned to the witness box.
During questioning, the witness was asked whether he had met Eknaligoda.
Lawyer: “Did you meet Eknaligoda?”
Witness: “I met Eknaligoda on one occasion. At a garden in Habarana. That is, at Eknaligoda’s garden.”
The lawyer then asked what had been discussed during that meeting.
Lawyer: “What did you talk about after meeting?”
Witness: “Eknaligoda told me that the rulers at the time should be driven out, that they should be massacred. He also said missiles should be fired.”
The statement was made during cross-examination and reflects the witness’s account of an alleged past conversation with Eknaligoda.
It does not establish that Eknaligoda made those remarks as a proven fact, nor does it determine their relevance to the charges before the court.
The source states that legal analysts believe the testimony could be used by the defence in advancing arguments concerning Eknaligoda’s mindset and political views before his disappearance.
Any weight to be attached to that evidence remains a matter for the court.
Further Evidence Fixed for the 16th
The court adjourned the hearing after the time allocated for the day’s proceedings expired.
Further evidence was fixed for the 16th.
Notices were issued for witnesses identified as evidence numbers 53 and 98 to be summoned on that date.
The source also states that intelligence officer Suresh Salle is expected to be summoned as a witness on a future date.
Nine Military Intelligence Personnel Named in Case
The case concerns allegations that journalist Prageeth Eknaligoda was abducted and caused to disappear on or around January 25, 2010, in connection with events said to have occurred in the Girithale, Habarana and Kottawa areas.
The Attorney General has named nine members of military intelligence as accused under provisions of the Penal Code.
They are:
- Lieutenant Colonel Shammi Kumararatne, former commanding officer of the Girithale Army Camp
- W. D. Upasena, also known as Suresh
- R. M. P. K. Rajapaksa, also known as Nadan
- S. M. Ravindra Rupasena, also known as Ranji
- Chaminda Kumara Abeyratne
- Kanushka Gunaratne
- Ayyasamy Balasubramaniam
- Tharanga Prasad Gamage
- T. E. R. Peiris
The accusations against them remain subject to trial, and no finding of guilt should be inferred from the charges.
A Long-Running Test of Media Freedom and Justice
Eknaligoda’s disappearance has remained one of Sri Lanka’s most closely watched cases involving a journalist.
It has drawn sustained attention from local and international human rights groups because of the broader questions it raises about media freedom, accountability and the ability of the criminal justice system to resolve allegations involving State security personnel.
The latest phase of the trial now centres on the credibility of recalled witness Suresh Kumara, the allegations he has made about pressure to give false evidence, and the manner in which the defence tests his account under cross-examination.
Further evidence is due when the case resumes on the 16th.
SOURCE:- SRI LANKA LEADER
