Welikada Riot Threats Mount, but Key Eyewitness Refuses Detractors to Blur His Vision

In the absence of a speedy criminal investigation or the complete implementation of recommendations given by several committee reports, the fight for justice regarding the inmates killed during the 2012 prison riots is still continued by a group of people among whom is key eyewitness Sudesh Nandimal Silva, who was in remand during the riot.  

Despite the fact that this particular incident impinged on the entire law and order and justice system in Sri Lanka, the current Government akin to the previous regime isn’t showing a real interest on clearing the mess, Nandimal claimed.  What happened in the prison on November 09 and 10 in 2012 was transpired by various people.

The complaint charged the relevant officer who had allegedly asked Nandimal whether he was trying to send former Defence Secretary Gotabaya Rajapaksa to jail

Nandimal is pioneering the campaign and has frequently been threatened and intimidated. The intimidations and threats directed at the witness, which started with telephone calls, have now taken a physical form. Files which contain details of previous complaints by him, regarding threats, which are with the police, remain untouched.   

There is a recent incident reported last week that some unidentified gunmen opened fire at Nandimal’s residence in Moratuwa. Nandimal assumes that the shooting incident might be the last warning for him as he continues the fight. This is despite four previous incidents where he was threatened using various means.   

What makes him point fingers at the current Government is the silent approach taken by the Sri Lanka Police to provide adequate security for him, because the safety of his life is vital given that he is one of the main eyewitnesses to the shootout at Welikada Prison.

History of threats

1 - Weeks after he gave testimony before the CID in 2015, two men in a vehicle followed his motorcycle for several days. They had reportedly visited his workplace and inquired his whereabouts from security guards. The vehicle number, noted down by the guards, was later found to be of a vehicle belonging to the Police Narcotics Bureau, Nandimal claimed. “This finding was established in an investigation launched by the Maligawatta Police on my complaint. However the inquiry didn’t proceed thereafter,” he said.  

2 - Three individuals wearing caps had whistled and called him over when he was going to the junction in Moratuwa to get a reload for his phone on October 2, 2015. Two of them reportedly threatened him on that day, urging him not to take up the Welikada case. They had stated if the case was taken up, some of them would have to end up behind bars. Nandimal had lodged a complaint with the Moratuwa Police. No investigation was initiated, he said.  

3 - The third incident, as claimed by Nandimal, was regarding a radio programme which had allegedly been aired to sling mud at him and threaten him for carrying on a fight to ensure justice regarding those affected by the Welikada riots. “The so-called presenters of this radio programme branded me as a ‘Sinhala Kotiya’ (Sinhala tiger). I have a family. They faced many difficulties after the programme was broadcast. I lodged a complaint against the radio programme with the Police Division for the Protection and Assistance of Victims and Witnesses. The Police Division recorded statements from me,” he remarked.  

4 - Nandimal lodged a complaint with the Police CID after he faced the fourth threatening incident where he was allegedly threatened by Chief Engineer of Operations (Sub-Department) of Sri Lanka Railways Nilantha Fernando on July 19. The complaint charged the relevant officer who had allegedly asked Nandimal whether he was trying to send former Defence Secretary Gotabaya Rajapaksa to jail?  

“I tried to talk to him about sending me on a ridiculous transfer to Kandy. He asked me as to why I was so bothered about the slain prisoners and rather threateningly said that people like me shouldn’t survive in the world. Nilantha is an affiliate of Gotabaya Rajapaksa,” Nandimal claimed. 

‘12-11-10 Welikada’

Many social activists predict that the book ’12-11-10 Welikada’ authored by Kasun Pussawela, one of pioneering journalists who wrote about the Welikada inmates’ deaths, will give goose bumps to the powerful characters, said to be behind the shooting incident.  

Speaking to the Daily Mirror, Kasun Pussawela, a journalist working for Ravaya, said the purpose of writing this book is merely to inform the general public with in-depth stories relating to the Welikada riot where 27 inmates died.  

The book, based on reports compiled by Pussawela and published in Ravaya and Irudina newspapers, has provided a voice for parents of slain inmates, members of committees appointed by the Government to probe the issue, inmates who were at the scene, but managed to save their lives, inmates who witnessed deaths of many inmates, the then powerful Former Defence Secretary Gotabaya Rajapaksa, Former Minister of Prisons and Rehabilitation Chandrasiri Gajadeera and Former Justice Minister Wijeyadasa Rajapakshe whose comments are included in the book, Pussawela said.  

Pussawela added that the book would mark a significant point in history since the shooting itself is recorded as one of bloodiest incidents in the country.  The book launch is scheduled in the evening of September 15 at Mahawela Centre, Colombo 07 with the participation of Senior Journalist Victor Ivan and Constitutional Lawyer Srinath Perera.  

Nandimal said a suspicion arises in his mind whether the current Government is making an attempt to protect the culprits because the relevant Government authorities haven’t taken measures to ensure the safety of his life thus far.  

He also stated that the alarming risk to his life demonstrates how the suspects of the Welikada inmates’ killings fear going behind bars.   

“It is the police and the other relevant authorities who should decide on what degree of security and which way it should be provided to me. All I want is them to ensure the safety of my life,” he stated.  In the absence of a response from the Government to his demand thus far, Nandimal raised a question from the Government, “Is this Government waiting for me to be killed?”

If the police is unable to provide protection to Nandimal over any reason, it is a terrible failure of the country’s law and order system, Prominent Human Rights Lawyer J.C.Weliamuna PC told the Daily Mirror.  

He didn’t agree with Acting OIC of the Victims of Crime and Witnesses Assistance and Protection Division SP Herath’s statement that an assessment on threats should follow the decision on witness protection.  

“I don’t agree with him. If they don’t want to provide protection to some witnesses, they can use this so-called explanation on the importance of a threat assessment. It is an old saying. Due to the fact that he was also an inmate at the time of the Welikada riot, some might think it isn’t that important to provide police security to an ex-inmate. Needless to say that Nandimal is a very vital witness for proceedings of this Welikada case in future,” he said.  

Weliamuna PC outlined that laws and mechanism are there to take appropriate action in order to ensure the safety of witnesses and informants.  

“They might talk about practical difficulties. However, they should find ways and means to do their job without finding reasons not to do it,” he remarked.

Under certain legal provisions provided in the Victims of Crime and Witnesses Assistance and Protection Act, No.04 of 2015, a threat assessmentshould be done prior to providing police protection for the witness, Acting Officer in Charge of the Victims of Crime and Witnesses Assistance and Protection Division, SP Herath said.  

A threat assessment is done to analyze and assess the nature and level of threat a particular person has, in order to decide whether the person requires police protection and what degree of protection should be provided.  SP Herath said even though the case is very serious, they are unable to make hasty decisions because it is mandatory for them to comply with the requirements given in the Act of Victims of Crime and Witnesses Assistance and Protection which underlines the importance of an assessment on threats.  

According to him, at the moment, body-to-body protection by the police or tri-forces is provided only for VIPs including politicians.  

He added that they would make a final decision after the threat assessmentwhich will be analyzed by the National Authority for Protection of Victims and Witnesses.  

Meanwhile, Officer in Charge of the Victims of Crime and Witnesses Assistance and Protection Division SSP G.J.A.Wijesekara said the Police Division which was set up last November still hasn’t been entitled with certain authorizations to take a big step in terms of providing protection for witnesses.

The Police is encountering practical difficulties in providing police protection to Sudesh Nandimal Silva, Police Spokesman ASP Ruwan Gunasekara said.  

“It is impractical to deploy police officers for his protection. In that case, we will have to provide him with transport, which is also impractical. He will have to travel with police officers wherever he goes. I don’t think it is a prudent move,” he said.  

He said the police would rather inquire into Nandimal’s complaints regarding threatening incidents and take appropriate legal action against culprits.