The accused in the Prageeth Eknaligoda disappearance case have petitioned the Supreme Court against a decision allowing a key prosecution witness to give his evidence again, NewsFirst reported.
Defence lawyers disclosed the petition on Thursday before the Permanent High Court Trial-at-Bar in Colombo, telling the three-judge bench that it challenges the order permitting the fourth witness to testify afresh. On that basis, counsel argued it would not be possible at this stage to record further testimony from him.
The bench said it would announce on September 4 whether the Supreme Court application is accepted, and how proceedings on the remaining witnesses should continue.
The witness at the centre of the dispute
The fourth witness, Sumathipala Suresh Kumar — also known as “Murali” — had asked to give evidence again, saying his earlier testimony before the Trial-at-Bar was given under pressure allegedly exerted by the accused. The court granted that request at the previous hearing, after an earlier attempt to recall a witness in June.
Thursday’s petition is an attempt by the defence to undo that ruling before the new evidence is heard.
Background
Eknaligoda, a journalist and political cartoonist, disappeared in January 2010, two days before that year’s presidential election. His body has never been found. The case, filed by the Attorney General, is being heard against a group of army intelligence officers accused in connection with the abduction.
The proceedings are among the most closely watched accountability cases before the Sri Lankan courts, and are widely treated as a test of how the justice system handles alleged enforced disappearances.
NewsFirst did not report which of the accused filed the petition, on what grounds, or when the Supreme Court will take it up. No other verified newsroom had carried the development at the time of writing.
