CO882-10 — Page 119

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Cross-examined by the ninth accused: The ninth accused is not in my division. I am of Dura we caste there are Durawe people in my village. I do not know whether my sister was fined Rs.10 in the village tribunal when the ninth accused sat on the jury in that case. He brought a case against my brother-in-law; the case was dismissed. I was a witness. I saw the ninth accused at about 3.30 in the mosque. I did not see him do anything, but he had a gun in his hand.

Cross-examined by the eleventh accused: I seized some things under a writ in the eleventh accused's boutique. I never sat in his boutique, nor was I turned out of the boutique by him. I met him near the mosque—in the compound-did not see him do anything, but he was amongst the crowd. I did not see him go about

creating a disturbance before.

Examined by Court: I heard the explosions of dynamite as I was going. to Kumbulapitiya. I was not at the spot when the explosion took place.

The Court is adjourned till 2.30.

The Court assembles at 2.30 p.m.

Dr. H: Ludovici, sworn.

I am Medical Officer stationed at Matara. On the 5th of June. I made a post- mortem examination on the body of a man called

(1) Slema Lebbe Mahamadu Abubucker just outside the mosque.

!

The cause of death was the injury to the bone as the direct result of the blow on the head which caused a compound fracture of the skull. Both the wounds were necessarily fatal and each is sufficient to cause death-had been dead twenty hours-the body was lying face downwards.

1. I found a jagged wound on left side of head, skull exposed and fractured,

bone driven into the brain.

2. Contused wound leading to compound fracture of skull above left temple. Cut wound on scalp two-and-a-half inches long across back of head, fracture of left humerus. Contused wound on fore part of head. Contusion on left arm and right side of nose and mouth. Deceased was a well nourished man-about 38-his organs were all healthy. The skull was contused on left side-the right lobe of the liver was ruptured. Deceased was struck by both sharp and blunt instruments. The body was identified by Packir Bawa Usubu Lebbe and Don Davith Ranaweera, Vidane Arachchi.

I stopped at Malimboda on the way back and examined the bodies of Abdulla Saibu Nattichchan and Kunji Bawa Asiz, which were lying in a cart-they had expired on the way to hospital.

(2) Abdulla Saibu Nattichchan's body was identified by Tantrige Don Tiya- doris. police officer of Godapitiya. He had the following injuries:-

1. Cut wound three inches long across right side of head cutting into skull.

Contused wound, jagged and irregular, laying open scalp above right eye.

2.

3. Contused wound three inches long on left side of head.

There were eleven other contused wounds and contusions. No. 1 was caused by

a heavy cutting instrument, the skull was extensively fractured. He was about 55, well nourished, and his organs were sound. The cause of death was the frac- ture of the skull and the cut wound. Both were necessarily fatal injuries.

(3) Kunji Bawa Abdul Asiz.-The body was identified by Tantridge Theadoris. police officer of Godapitiya.

Injuries. Whole scalp of front, back, and left side of head was contused from several blows from blunt instruments, left parietal bone of skull was in seven pieces, occipital bone in three pieces, laceration of brain, fracture of left first rib and eleven further contusions and contused wounds, marks. of blows all over the back, also their linear contusions showing that deceased had been lashed. Organs were healthy he was well nourished and about 30; cause of death was due to the injuries to the head. He was severely beaten-beaten to a pulp.

(4) Idroos Lebbe Marikar Mahamadu Ibrahim.-Was admitted to hospital on 5th June unconscious. He died on the 7th June, morning. Post-mortem was held on the 7th June. He was an old man of about 75 years of age. There was a contusion of scalp on vertex and back of head. Linear fracture running into the base of skull

on right side of head. The injuries were caused by a blunt instrument.

I also examined the following injured persons from Godapitiya :-

(5) Slema Lebbe Abdul Rahiman. He was admitted to hospital on 8th June, morning. He had lain a night and a day at Atureliya Ambalama. His back was a mass of contusions with several abrasions-marks running up and down and

across.

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Fracture of left ulna, and fracture of radius of right wrist. The wound was one-and-a-half inch long on head. He said it was caused by a sword. There were several other contusions. He was discharged from hospital. He was the first witness in the case.

(6) Ismail Lebbe Mahamadu.-Contused wounds.

(7) Ismail Lebbe Kunji Bawa Lebbe.-He was about 80 years old, admitted to hospital on the 5th, injured. There were seven contusions on left side of face, with fracture of left side of lower jaw. Contusion of back of left forearm with simple fracture of left ulna. Several other wounds, one laying open his upper lip into his mouth. He was in a dazed condition.

had

(8) Ibrahim. About 18 years old. He had contused wounds and contusions. (9) Abubucker. Twelve years old. He had contused wounds and contusions. (10) Sinna Lebbe Marikar Deen Bawa.-He was admitted on 6th June. He

:-

1. Cut wounds across left ring finger cutting through the first bone of the finger.

2. Cut wound two inches long across left wrist, cut wound on back of left elbow, contused wound on right forearm, back was a mass of contusions, sixth right rib was fractured.

He said he was struck with a sword and an iron rod. This is the old man who gave evidence in this case. He had been severely handled. With regard to the fourth, Idroos Lebbe Marikar Mohamadu Ibrahim, he was the man who was incon- scious. I am not certain who brought him to the hospital.

Tantrige Don Tiadoris, affd.

I am the police officer stationed at Panadugama. On the 4th of June I went to the scene of rioting. I reached there at about 3.30 or 4.0 p.m. The S.H.O. was there, and he handed over four injured men to be taken to Matara- those persons were Kunji Bawa Abdul Asiz, Ibrahim Cutty, Abdulla, Ismail Lebbe Mohamadu. I was removing them to the hospital. Two men died on the road; they were Kunji Bawa Abdul Asiz and Nattichchan. The following day the Medical Officer made a post-mortem examination. I was present and identified the bodies to the doctor. All those four persons were persons who had been assaulted and injured at Godapitiya. I took them away from the scene--from near the Cross-examined by Mr. de Kretser: I know the third accused, Geeris. I brought the injured persons in his hackery, he came along too. I went to his house and asked him for his hackery. He tied the hackery and came along with me.

Re-examined: The house is a quarter of a mile away from the mosque. I went

mosque.

to his house for the hackery at about 4.0 o'clock or 4.30, the rioting was over.

When

I got to Godapitiya the rioting was over. I paid his expenses for coming. I paid the hire to his father.

Jayasinghe, affd.

I am police officer of Balatawela

the riots at Godapitiya.

On the 4th of June I went to the scene of

There I was given a man named Idroos Lebbe Marikar

Ibrahim to be taken to hospital.

Cross-examined: No questions.

Mr. Barber, Crown Counsel, reads in evidence the statements made by the accused.

Mr. de Kretser calls the fourth and fourteenth accused.

Hetti Ratnayaka Liyanage Don Bastian, affd.

1 am the fourth accused in this case. I live at Asmagoda, four miles from Godapitiya. I was not present at the Godapitiya riots. I deny that I took any part in those riots. On the day of this disturbance I was in my village working in a chena, cutting citronella.

-

Cross-examined by Mr. Barber, Crown Counsel: I know these Moor witnesses who gave evidence in this case. I know them for about twelve years, and they know me well. Cornelis, the sixteenth accused, is my brother-in-law. Abdul Rahiman is angry with him. I say that I was at Asmagoda. I mentioned the Vidane Arachchi of Marambe as my witness. I do not think he will give evidence, because he is frightened of the Government; he is involved in a case in connexion with the riots. Jayanatrige Watuhamy is a man who stays in a village close by in a garden. I did not meet him I saw him that day in the morning and again at 8.0 or 10.0. again.

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