The prosecution has closed its case in the trial of nine army intelligence personnel accused over the abduction and disappearance of journalist Prageeth Eknaligoda, and the court has fixed the 12th and 13th for the defence to begin leading evidence.
The order was made on Friday before the Colombo special three-judge High Court bench of Nayana Senevirathne (presiding), Nalin Hewawasam and Lakmali Hewawasam, Hiru News reported. The prosecution’s case concluded the previous day, Thursday 5 November.
The nine accused face 17 charges, including conspiracy, abduction, unlawful detention at an army camp in Giritale, and murder. The complainant in the case is Eknaligoda’s wife, Sandhya Eknaligoda.
The defence submission
President’s Counsel Anil Silva, appearing for the first, second and sixth accused, told the bench that nothing led in evidence establishes that Eknaligoda is dead. “We are presuming that he died,” he said, arguing that no witness had proved either the death itself or that the accused caused it, and that no body has ever been recovered. On that basis, he submitted, the murder charge under section 293 of the Penal Code cannot be made out even if all the evidence is accepted.
Silva also challenged the reliability of the prosecution’s witnesses, saying their accounts carried contradictions and that telephone records were the only remaining strand of evidence. He noted that one witness, Arundika Fernando, had told the court he saw Eknaligoda in France. Counsel further alleged that the case had been constructed against the accused — an allegation that has not been tested and which the prosecution has not answered in the reported proceedings.
These are submissions by defence counsel, not findings of the court. The bench’s only ruling on Friday was to fix the dates for defence evidence.
Background
Eknaligoda, a journalist and political cartoonist who had worked with Sarath Fonseka’s presidential campaign, disappeared on 24 January 2010, two days before that year’s presidential election. His body has never been found, and the case is among the most closely watched accountability proceedings before the Sri Lankan courts.
The trial has moved slowly. The court allowed a fourth prosecution witness to be recalled in July, and the accused then petitioned the Supreme Court against that decision in August.
Hiru’s report gave only the day of the month for the next sitting, without naming the month; the dates most plausibly fall in November, but that is not stated in the filing. No other verified newsroom had carried the development at the time of writing.