SRI LANKA: Police witness to killing of torture victim detained after reversing evidence in court

(Hong Kong, January 29, 2008) A Sri Lankan police witness who went back on previous evidence given in court concerning the killing of a torture victim in Colombo was on Friday himself put in custody.

Under cross-examination, T A L Jayashantha, a police officer, admitted that he had earlier given false evidence in court, contrary to a previous statement he had made identifying a vehicle that was related to the murder of Gerald Perera on 21 November 2004.

The counsel for the state, Deputy Solicitor General Vijit Malalgoda, then moved that the witness be remanded until the attorney general gives advice about the filing of charges against him.

The presiding judge in the High Court of Negombo then ordered that the witness be held in remand until February 7. Hearings of the case were fixed for February 15 and 22. 

Gerald Perera was shot while traveling to work on a bus. He died three days later.

Sub Inspector of Police Makavitage Suresh Gunasena and another have been charged with the murder.

Perera had earlier complained of being tortured by several police officers attached to the Wattala Police, including the first accused.

On a fundamental rights application that he filed to the Supreme Court, it was found that the police officers had in fact tortured him and ordered criminal investigations and compensation to be paid to him.

The judgment in the fundamental rights case, which contains the details of the alleged torture, can be found at: http://www.alrc.net/doc/mainfile.php/cl_srilanka/199/.

Later, the attorney general filed an action against several officers before the High Court of Colombo under the Convention against Torture Act, No. 22 of 1994.

A week before Perera was to give evidence in the case against them, he was killed.

The case against the police officers continued despite his death, and the court has now completed taking down the evidence of torture.

Document Type : Press Release
Document ID : AHRC-PRL-003-2008
Countries : Sri Lanka,