Police Constable admits Kotahena double murder was committed with a T-56 firearm using cluster munitionsWitnesses were called before the Colombo Aluthkade Magistrate’s Court number 6 on 22 of this month in connection with the murders of Pragash Nirmanandan and Lakmal Ashoka, who were arrested by the Kotahena Police, brutally beaten and shot to death.

The case  B/34615/25  in connection with the double murder is being heard in the Aluthkade number 6 Magistrate’s Court. The Magistrate ordered that the inquiry of other witnesses be postponed to February 25.

The following testimonies were given before the Magistrate: Police Constable Hewaratnagamage Himsha Vidyarathna (1042254) attached to the Urban Traffic Division, Police Constable R. Jayasundara (No. 103324) attached to the Crime Branch of the Kotahena Police, and Don Ishara Madushanka (No. 27771) attached to the Anti-Corruption Branch of the Kotahena Police.

Police Constable Vidyarathna (1042254) testified as follows:

I am attached to the Urban Traffic Division. Constable Hemantha Bandara and I were on our way to the Galpottha Junction in Kotahena to direct traffic. On our way we heard gunshots. We saw two men wearing black jackets riding a motorcycle in the direction of the gunshots. We both chased them on our motorcycles. Near the Urugodawatta Junction, I jumped on the motorcycle the suspects were riding and snatched the black bag that was between the two suspects. 

It was a tense situation. Subsequently I caught one of the assailants riding the bike. Bandara, who was riding the police motorbike, left the bike and caught the pillion rider who was the assailant. I shouted at the people around and asked for help saying these were two men who shot a person and were trying to escape. 

When I checked the bag seized from the suspects I found a T-56 firearm. The Kotahena Police OIC came to the spot and the suspects were arrested.

As per his instructions, the suspects were taken by a Colombo Traffic Division car and handed over to the Kotahena Police. Later Bandara and I went to the Galpottha junction to direct traffic again.

Constable Madusankha (27771), attached to the Kotahena Anti-Corruption Unit, testified as follows.

The OIC informed that there would be a special operation on February 21 evening on the orders of the IGP. Later, four police teams were deployed for that.
Suddenly we learned about a shooting incident at Bonjean Road Junction. We immediately called Police Inspector Herath and got to know there was a crime scene. We rushed to the spot immediately. When we approached we saw a traffic jam. There were a few blood stains in front of a mobile phone shop. We learned that the owner of the shop had been shot. We learned that the suspects fled towards Mattakkuliya on a motorcycle. 

In a while we came to know from our Police Inspector Herath the assailants were fleeing towards Urugodawatte. Later, we learned that the suspects were arrested near the Urugodawatte traffic lights. When we went to the scene, the suspects were made to sit in the back seat of the police mobile vehicle. Later, they were taken to the Kotahena Police Station. When we went to the Kotahena police station we saw the suspects were sitting in the police station. The suspects had a T-56 firearm. Later, the suspects were taken to the Criminal Investigation Division of the Kotahena police station and questioned and took their statements.

The statements were recorded by Police Inspector Herath. The OIC also questioned the suspects. During the questioning, it was revealed that one of the suspects had served in the army. The other suspect was a resident of the Kimbula Ela area. It was revealed that they used a motorbike to open fire. The OIC advised us to keep the firearms ready as there was a person who had been trained in shooting.
When the suspects were questioned, it was revealed that there were weapons hidden. The suspects said that the weapons were hidden at Crow Island Mattakkuliya. 

Later the suspects were taken in a police jeep to show weapons. The OIC was sitting in the front left seat. I sat in the jeep on the right of the suspects. Police Inspector Herath sat next to the suspects. Constable Jayasundara and Lakshitha sat in the back seats of the vehicle.

According to the information revealed by the suspects, we first went to Kotahena Paramananda Vihara Mawatha. We could not find any weapons there. Then we went to the front of the Bilumendan police station, we could not find any weapons there either. The OIC told us to be vigilant because he assumed the suspects were taking us for a ride. 

We moved the vehicle near the Bloomendal water tank. The two police officers in the jeep got out. Then we took the suspects out. The suspects said that weapons were hidden near a coconut plant. We checked there but did not find any weapons. One of the suspects said not this coconut plant but the other one. 

Mr. Herath walked on the right of the suspects and I walked on their left. The other officers walked two meters behind us. When we were checking the second coconut plant there was a commotion.

The OIC shouted that my weapon had been snatched. At the same time, I was also shot in the right leg. I heard a few gunshots and my eyes blurred and I fainted. It was only after I was admitted to the hospital that I got to know that I had been shot. My leg became numb. I screamed that I had been shot. When Inspector Herath, who was near the OIC, said that one of the suspects who was an army deserter snatched the OIC’s weapon, I got scared.
Since I had served in the Army, I was afraid that he would snatch our weapon and run away. Everything happened in the blink of an eye. I had been shot in the thigh area of my right leg.

Assistant Superintendent of Police Nalin Jayasundara, who led the evidence, presented the medical report issued by the Colombo National Hospital to the Magistrate.

Police Constable Jayasundara (1033214) testified before the court as follows. 

The first place of duty I joined after six months of training was Kotahena Police. I worked as a part of the Crime Branch. My assigned duty was to investigate warrants. On 21 March evening the OIC informed us we have to go on an operation related to various crimes on the orders of the IGP. Our assigned duties were to check vehicles using emergency roadblocks and to sensitive areas. I participated in the operation in my uniform with a T-56 firearm and 30 rounds of ammunition. Police Constable Lakshit also participated in the operation with me carrying a T-56 firearm.

We traveled in a jeep bearing the registration number CTM 1819. We toured the areas of Armour Street and Kotahenawatte. Meantime I received a phone call from Police Inspector Herath that a shooting had taken place in the Kotahena police area. We rushed to the spot immediately. People had gathered at the scene. There was also a traffic jam. I saw a few blood stains near the phone shop. The area was crowded. I did not see anyone had been shot.

I came to know the person who had been shot had been taken to the hospital. The OIC said that the suspects had gone through Armour Street. The OIC said that we should go that way.

We went to Wattala through Mattakkuliya. It had not even been a week since he had come to the Kotahena police station. Police Inspector Herath said that the suspects had been arrested in Urugodawatte. We immediately went to Urugodawatte. When we reached the spot it was crowded. Some people were taking videos of the suspects. Traffic police officers were also there.

Two suspects with their hands and feet tied were kept seated inside the police mobile vehicle. When we went back to the police station, it was around 9 pm. We saw the suspects were sitting in the police station. We saw a T56 firearm in a black bag.

The OIC took the suspects to the investigation room and questioned them. We learned that there was someone who had served in the army. During questioning, we heard that the other suspect was a resident of the Kimbula Ela. During questioning, it was revealed that weapons had been hidden. 

At that time, Police Inspector Herath of the Crime Branch, Lakshitha and Maduranga were present. The OIC told the suspects that we must go and get the weapons hidden in Crow Island. Accordingly, the OIC instructed to handcuff the left hand of the suspect who had served in the army and the right hand of the other suspect. The OIC handed over the suspects to me and Lakshitha. 

We both carried two T-56 firearms and a flashlight. It was probably around 11 pm when we took the suspects to Crow Island in the CMR 1814 jeep. Police Inspector Herath was sitting on the right side of the suspects and constable Madusanka on the left. The OIC was sitting on the left side of the front of the vehicle. Lakshitha and I were sitting behind the suspects.

As said by the suspects, we first went to Paramananda Vihara Mawatha in Kotahena. Then we went to a ground in Bloomendhal area. The ground is located in front of the Bloomendhal police station. We did not find any weapons there. The OIC advised us to keep our weapons ready as the suspects were taking us for a ride. After that we went to Crow Island. First, Lakshitha and I got off the jeep. The OIC took the suspects and got off. The suspects showed a coconut plant and said that the weapons were hidden there. When we checked the coconut tree, Lakshitha and I were about 60 meters away from the suspects. When we checked near the coconut tree, the OIC shouted and said that my firearm had been taken away. At the same time, a gunshot was heard. Madusankha shouted that he had been shot. I saw the suspect turning towards me. I pointed the weapon at the suspect. I was afraid that the suspect would shoot me. I was two meters away from the suspect. In a while inspector Herath and the other officers saw the suspects lying on the ground. Constable Madusankha was lying on the ground with gunshot injuries. Due to fear the firearm I was holding had fired cluster bullets. 

The OIC shouted to take the injured to the hospital immediately. Later, I handed over the firearm with which I had shot the suspects to the Mattakkuliya Police.

Lawyer Senaka Perera, appearing for the rights of the deceased, asked from the witness 

can you control the T-56 fire cluster bullets when firing?  

Answer – The bullets can be fired individually or in clusters. After the first strike is fired, one bullet is released. After the second strike is fired, all 30 bullets will be released. The firing of the bullets can be controlled.