CO882-10 — Page 117

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PUBLIC RECORD OFFICE

Reference :-

C.O. 882/10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

Police Magistrate that these people had threatened my life a week ago. I did not charge the whole family before the Assistant Superintendent of Police I charged the eighth accused, Pintheris, Dingiappu, Hiniappu, Malawi-all Patirenege people. I have given petitions; I have given a petition against the eighth accused. Cross-examined by Mr. Jayawickreme: The sixteenth accused is not a wealthy man; he owns property. He is a clever doctor. He is a prominent Buddhist. He has given evidence against me in the Gansabhawa. I was the first accused in that

I was fined, but was acquitted in appeal.

case.

Re-examined: This was about four months ago, in connexion with the petition that I mentioned.

Cross-examined by the second accused: I did not charge you at the instance of the Inspector of Police.

Cross-examined by the fifth accused: The sixth accused has never cultivated my fields. He is the only man who set fire to my house. The fourteenth accused set fire to the timber. We had not taken our breakfast when the mob came.

Cross-examined by the ninth accused: I know the ninth accused. I do not know his former profession. I did not see him in the house. Do not know whether he came there or not.

Cross-examined by the eleventh accused: I did not go to the mosque, and so I did not see the eleventh accused. I did not see him in

my house. Examined by Court: I received a wound on the head, which the second accused gave me. I identified all the accused as having broken into the shop. I knew all the accused before that, every one of them. Besides those I have identified here there were other people in the crowd whom I knew, but they are not here. Sainambu Natchiya, sworn on the Koran.

:

I am the wife of Slema Lebbe Abdul Rahiman. I was living with him in June last at Godapitiya. I remember the day my house was broken into. My husband and I were assaulted. My child, myself, and my husband were there. My child's name is Junaidu. A crowd of people came to my house before our midday meal, about thirty or forty. Of the crowd two men came and hit my husband with a sword (points out third accused, Geeris, and second accused, Mendis). After that my husband was beaten with clubs by seven or eight men (points out seventeenth, eighth, and fifteenth accused). There may be others, but they are not here. I was assaulted by Mendis, the second accused. He cut me with a sword. After my husband and I were assaulted the door of the house was broken, and about four or five men entered the house and removed all the things from the boutique. After the things were taken they broke the roof and set fire to it. The sixth accused set fire to the roof; his name is Hakuruduwe Loku Appu. I knew him before. I identify the others whom I saw in the crowd (points out second, sixth, and seventeenth accused) The third and the fourth accused came with the crowd afterwards. The eighth accused was on a side in the crowd inside the garden. At the time when the boutique was broken the seventh, eighth, and fourteenth accused were there. The fifteenth and sixteenth accused were there. That is all. The rest are not here. All these persons were known to me previously.

('ross-examined by Mr. de Kretser: When Mendis and Geeris struck my husband he did not fall, I am sure of that. I gave evidence before about this matter. I was much alarmed when my husband was struck. I was not confused. I did not run away. I stopped there and looked on, quite close to my husband. remained there.

My son The sixth accused came there along with the crowd, from the very start. Previously to setting fire to the house Mendis, at the request of Geeris. cut and removed the handkerchief containing the jewellery which was tied round his waist. My husband bled much. I did not complain to the police about the assault- there was no one at the time. I did not point out the spot where my husband was assaulted. There was blood at the spot where my husband had fallen. The inspector saw the blood-it was after the crowd had left. The very day I said:

Here is a man killed, come and see." I did not mention the names of the assailants. ("ross-examined by Mr. Jayewickreme: I knew the names of the people at the time when I pointed them out. I gave the names of the persons whom I thought to be the ringleaders and the men who assaulted my husband.

Re-examined: The reserve constable dressed my wound on that day. gentleman who gave evidence to-day was there.

The

Cross-examined by the second accused: The second accused's village is at Akuressa. I knew him before that, because he used to take fish along that road.

I am not giving evidence on the instructions of the Assistant Superintendent of Police. His village is not at Matara.

Cross-examined by the sixth accused: I was not after my midday meals at the time. I saw the sixth accused getting on to the roof and setting fire to it.

Makamado Junaidu, sworn on the Koran.

I am the son of the last witness.

I am 14 years old.

Abdul Rahiman

is my father. Remember the day on which our house was broken into by people. We had not I was at home with my parents on that day. It was about midday. taken our meals. Know the people who came that day. Can point them out (points out second, third, sixth, fourth, seventeenth). The fifth accused came there, but did not stay at our house. He came with the crowd and went away with Hendrick Appuhamy. The seventh, eighth, fourteenth, fifteenth, sixteenth accused were there. These are the only persons I identified. The first thing that was done when Their the crowd came up was that two of them struck my father with a sword. names are Mendis and Geeris-that is, the second and third accused. Just as they cut him with a sword other persons assaulted him. Some of them are here and some of them are not here. My father fell down. When Mendis was taking the sword to cut my father my mother asked him not to do it. Then he hit my mother with a sword. Then the fourth accused asked the people to remove the things soon. They broke into our house and the things were taken away-everything was removed. The house was set fire to by the sixth accused. The house was pulled down. I went to the mosque and complained to our people. The people came up to the mosque and I ran away. I have known the people I have identified before. It was Geeris who struck my father first, Mendis next. It was Mendis who injured my father. It was Mendis who took the jewellery. My father was assaulted in the compound. After assaulting my father Geeris entered the house and took the things. Geeris and Mendis struck my father he did not fall. He only fell after they struck him with clubs. I remember giving evidence before the Assistant Superintendent of Police. The house was set on fire after it had been looted. The fourth accused came there when my father was struck, before the house was looted. He did not assault my father; he came there and asked the people to hurry up the looting had not begun then. He came with a crowd. I was asked to identify the people in jail by Mr. Archibald. I identified the people there.

When

Cross-examined by the second accused: I do not know when my father made his complaint to the Inspector of Police.

Cross-examined by the Court: When my father was struck with a sword I was standing in the compound at the entrance to the house, just in front of the house. When my father was struck my mother was standing there, close to him.

I was standing near a jak tree in our garden, about four fathoms. There were a lot of people there. Although I was four fathoms away I could have seen, because it occurred in front. I knew the names of these people before that day, all of them. Sinna Lebbe Marikar Deen Bawa, sworn on the Koran.

I am about 60 years old, living in Godapitiya. I was in Godapitiya on the 4th of June last. I did not hear of the attack on the Moors that morning by the Sinhalese. I went to the mosque. We all collected at the mosque, abcut seventy or eighty people. A crowd of people came up there; cannot say the number-about seven or eight hundred I think. That crowd was armed; they carried clubs and swords. I cannot say who was leading the crowd. I was trying to get out of the mosque when the crowd came. I was struck with a sword hy Mendis, the second accused (points out second accused). I was struck about four times. I put up my arms to protect myself. I got two blows on my arms. Another man struck me with a crowbar when I was about to fall (points out the first accused). As I was falling for the first blow another blow was given and I lost consciousness. When they were breaking the mosque a stone fell on my leg and I regained consciousness. As I raised my head I saw Mahamadu Abubucker being struck. Upasaka Mahatmaya, the fifth accused, struck him with a sword. I cannot say where the blow alighted. I fell on the side of the head. Then he fell and was struggling on the ground. Besides the breaking of the mosque with alavangoes I heard the explosion of dyna- mite. The mosque was destroyed. I have lived at Godapitiya all my life. I know the people of Godapitiya. I point out all those who came with the crowd (points out the first, second, sixth, ninth, seventeenth, third, fifth, seventh, fifteenth, and eighteenth accused). These are the people whom I saw. I have known them well. I have no doubt about them at all. I was not taken to the hospital that evening.

हु

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