The CID yesterday filed in court, parliamentarian Duminda Silva’s bed ticket issued by consultant Neurosurgeon Maheshi Wijeratne.
This was based on a directive made last Thursday by Colombo Fort Magistrate Prasanna Alwis on a request made by Mr. Silva’s Counsel Hemantha Warnakulasuriya.
CID Inspector Merryl Ranjan filed the bed ticket at yesterday’s inquiry into the October 8 Mulleriyawa shooting incident.
Counsel Hemantha Warnakulasuriya with Chandrasiri Wijesinghe, Weerasena Ranahewa, Inoka Gamage, Indrajith Ameratunga instructed by Himalee Kularathna appearing for Duminda Silva said his client was the victim but had been made out to be a suspect in the killing of Bharatha Lakshman Premachandra.
Mr. Warnakulasuriya said forensic evidence would clearly establish that despite the evidence of Mr. Bharatha’s driver, it was Mr. Silva who had been shot at close range by a person who was looking up at him and not as described by two witnesses in Mr. Bharatha’s group.
He said the contents of the bed ticket would dispel the belief that Duminda shot anyone and added that the prosecution witnesses made up a case to implicate Duminda Silva but the scientific evidence that would be produced would clearly establish unshakable evidence.
“The bed ticket was called to establish the position taken by these two witnesses. The entry wound and the surrounding areas which shows excessive tattooing and burn marks and deposits clearly shows the proximity from which the shot was fired at Duminda Silva. The distance may not be more than 30 centimeters and the position of the head and the entry and the exit wounds would establish that Duminda was looking down and the shot was fired from below,” he said.
“The evidence clearly establishes that there was a fight where both assaulted each other and Bharatha fell and Duminda was on top of him. That was when the shot was fired. The person who fired the shot was underneath him. Otherwise it is impossible for anyone to shoot and the bullet to enter from the forehead and exit from the skull from any other position,” Mr. Warnakulasuriya said and added that the bed ticket is produced it could examine this.
He said there was evidence that it took less than 30 seconds for the assailant to fire at Duminda. “Thereafter when Duminda was soaked in blood, the rest of the shooting took place. The shooting took place to rescue him from a hail of gunfire and he was taken to hospital,” he said.
Counsel Thirantha Wallaliyadda appearing with Upul Kumarapperuma and Manjula Pathiraja for Bharatha Lakshman Premachandra objected to the request to issue certified copies of the bed ticket at this stage and said it was an illegal request. He said there were no provisions in law for the court to issue certified copies of the bed ticket to any party until the investigations were concluded.
Mr. Walaliyadda objected to the release of the bed ticket at this stage on the basis that Duminda Silva had not made a statement and the release of the bed head ticket would permit him to change his position according to the material in the bed ticket. He also moved to keep the brief in the safe under the custody of the registrar as he had already made a request to hear that case before a trial at bar.
Additional District judge and Magistrate Prasanna De Alwis said he would give the order tomorrow.
Courtesy: DM Online
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