Contradiction in evidence: Four acquitted in 2006 police killing case

Colombo, March 30 (Daily Mirror) - The Balapitiya High Court acquitted and released four accused who were indicted over a triple murder, including the killing of two policemen, in Thotagamuwa, Balapitiya in 2006, citing serious contradictions in the prosecution’s evidence relating to the identification of the suspects.

The case relates to an incident on September 11, 2006, when a Police Sergeant and a Police Constable attached to the Ambalangoda Police Station, along with a driver, were shot dead. The victims had arrived in Thotagamuwa around 3.00 a.m. in a private vehicle provided by the complainant, with the intention of arresting a suspect allegedly involved in a financial fraud.

According to the prosecution, shortly after the suspect’s arrest, a group of individuals had arrived at the scene, forcibly seized the firearms of the two police officers, and opened fire, killing all three victims.

The Attorney General had initially filed indictments against five accused in connection with the incident. However, proceedings against the first accused abated following his death while the case was pending before the High Court.

During the trial, defence counsel Jayaba Kalupahana, who appeared for the third accused, strongly challenged the credibility of the prosecution’s case, highlighting significant inconsistencies in the testimony of key eyewitnesses. He submitted that these contradictions went to the very heart of the case, particularly with regard to the identification of the accused.

Counsel Kalupahana further drew the court’s attention to discrepancies in the evidence of the main eyewitness, who was also the complainant, noting that she had provided conflicting accounts of crucial facts on several occasions. Referring specifically to the alleged snatching of a T-56 firearm, he argued that the accounts of two eyewitnesses describing the same incident under identical conditions at the same moment, location, lighting, and angle were materially inconsistent.

He contended that the prosecution had failed to establish its case beyond reasonable doubt, and indeed had not even come close to meeting that threshold.

Counsel Ravindra de Silva appeared for the fourth accused.

After considering the evidence and submissions, High Court Judge Priyantha Liyanage held that the contradictions in the prosecution’s evidence, particularly in identifying the accused, had fatally undermined the case. Accordingly, the court ordered that the four accused be acquitted and released from all charges.