Inspector R.A.P. Dharmaratne who conducted the investigation into Pallethalawinne incident under SP Udugampola was cross examined by the defence before Colombo High Court-at-bar comprising High Court judges Eric Basnayake (president), Deepali Wijesundara and Sunil Rajapakse.
Defence Counsel Anil Silva cross-examining the witness submitted that the investigation conducted at Athurugiriya simultaneously wih the Pallethalwinne murder incident was done maliciously against the Army.
Questioned by the defence the witness denied the allegation that he along with SP Udugampola worked to get publicity and acted against the Sri Lanka Army. Defence Counsel: Since the fourth to nine accused in Pallethalawinne case were from Army you acted maliciously against Army?
Witness: I have no malice towards the Army.
During the cross examination Inspector Dharmaratne said that while the investigation into Pallethalawinne incident was being conducted another investigation relating to Army Special Intelligent Unit was also conducted.
He said for the investigation into the Athurugiriya incident, findings of the Pallethalawinne investigation were used. He said some arrests were made by the Athurugiriya police in the Athurugiriya incident and the suspects were produced before the Kandy police.
The police Inspector said the investigation into Athurugiriya incident was later stopped on the instructions of the Attorney General.
DC: Do you say that that investigations could be done without the instruction of the AG? Witness: yes
DC: Can you work against AG's instructions? -No
He said there was an order to withdraw the investigation by the AG and subsequently the investigations were stopped. The witness said he was aware that the Athurugiriya case could not be filed before the courts in Kandy.
Inspector Dharmaratne said there was a special commission to investigate into the Athurugiriya incident and he gave evidence before it.
He said he was promoted to the Inspectorate in August 2003 and at this time he was a respondent in a fundamental rights violation case. He said he was cited along with SP Udugampola and Katugastota Inspector Mohottigedara as respondents and they were charged with inhuman torture and illegal arrests of persons.
He said the Supreme Court gave an order against them and ordered SP Udugampola who was then in charge of the Special Investigation Unit at Kandy Police Kennel to pay Rs 300,000.
DC: You applied for promotion to IP while a case was pending against you? Yes.
DC: Did you mention it in your application? Yes.
Continuing under cross examination the witness said that he worked with SP Udugampola and conducted the investigation into the Pallethalawinne mass murder. He refuted the allegation made by the defence that the Pallethalawinne case was made up against the Army.
Cross examined by the defence counsel Tirantha Walaliyadda PC the witness denied the allegation that the arrest of the two suspects at Lunugamvehera on December 31, 2001 was false and the records he maintained about this was wrong.
The witness said on the orders of SP Udugampola he along with a police team went to Lunugamvehera police station but the suspects were not there but later they were arrested at the bus halt in front of the police station. He said there were four bags with the two suspects and there were police identity cards, a bus pass and a passbook from National Saving bank.
DC: Did you inform Lunugamvehera police before you went there?- I don't know whether SP Udugampola had informed. We thought that the two suspects would be kept until we went there.
DC: Do you say the police had released the suspects who were in possession of a police ID card which did not belong to them?-Yes.
IP Dharmaratne denied the allegation that he was giving false evidence and that the two suspects arrested at Lunugamvehera were illegally detained from December 7 to 29 by SP Udugampola in Kandy and the suspects were sent there on December 29. He denied the arrest was a plan made by SP Udugampola.
In this case former Defence Minister Anuruddha Ratwatte, his two sons Lohan Ratwatte and Chanuka Ratwatte, and thirteen others were indicted on 72 counts including threatening valid voters to prevent them from casting their votes during the General Election held on December 5, 2001 at Mahaiyawa and Kandy.
Further trial was postponed for October 4.
