CO882-10 — Page 124

233

125

PUBLIC RECORD OFFICE

Reference :-

TUTIT

C.O. 882/10

Cross-examined: My native place is Kandy. I work under Ahama Lebbe. I did not know Sampi. I was not arrested by the first accused on the 15th April at Sampi's house. Carolis and the second accused did not seize me and give over to the first accused.

Abdul Rahiman Hadjiyar, sworn.

Live at Indiriligoda. On the 3rd June I heard cries of "Murder." I ran up in that direction. When I was going I saw the first accused firing at Mohamadu Lebbe. Mohamadu was in front of his house. There was a crowd of 200 or 250 Sinhalese. They were armed. Mohamadu fell on the ground. The second accused went up and cut him on his head with a poleaxe. Ossen Lebbe ran up to his brother Mohamadu. He also fell as result of blows by others. When he fell the third

accused cut him with a katty on his head. I ran away. I complained to Mr.

Griffith.

Cross-examined: I do not know if any inmates of the hamlet saw this occur. rence. Haniffa Saibo Assen is my brother. The third accused's land does not adjoin his land. The third accused petitioned that his land has been encroached y my brother. My brother removed the encroachment. That was about a year Ago. On the 4th I gave evidence before Mr. Wijeratne. I mentioned the third accused. These Sinhalese were coming from the direction of the house on fire. They were hurrying towards the house of Mohamadu Lebbe and Ossen Lebbe. Mohamadu fell I saw Ossen. I do not know from where Ossen came.

Inus Lebbe Abdul Rahiman, sworn.

After

Live in Indiriligoda. On the 3rd June I was there. I saw a crowd at about 12.30 or 1.0. I heard cries and noise. So I went to see. When I was running I saw Mohamadu lying on the ground. The crowd was armed. When I was going I heard the report of guns. I did not see the actual firing. I went to a coco-nut tree and was standing there. Some, including the third accused, cut Ossen Lebbe. Ossen ran up to where his brother was lying, and he was attacked. When third accused struck him Ossen had already fallen. Through fear ran away. I did not meet Mr. Griffith.

Cross-examined: Three or four days before giving evidence before the Commis- missioner I mentioned to the police. Before that I did not tell. I was not asked. I told Mohamadu Lebbe, an uncle of the deceased, that I saw the shooting. I cannot remember when I told him. Katu Bawa Ismail is not related to me.

Lebbe running up, saying: "Oh, my brother."

Re-examined: I heard afterwards that several were injured.

I'duma Lebbe Mohamadu Lebbe, sworn.

saw Ossen

Live in Indiriligoda. On the 3rd June I went from home about midday, having heard cries of something like a fight. I went in the direction of the noise, and saw a large crowd of Sinhalese. The third accused was standing with a katty. Other people attacked Ossen. I did not see the third accused using his katty. When Ossen fell down I ran away. I saw the first accused at a distance. He had a gun.

Cross-examined: Katu Bawa Ismail is related to me. I have no ir lands. The Moors are not angry with the third accused.

F. H. Griffith, sworn.

about his

Superintendent of estate. Member of the Ceylon Planters' Corps. Was on duty on the 3rd June in connexion with the riots. Went to the village Magal- kande. Between 2.0 and 3.0 I got there. On my way I found two corpses on the ground when I went to the spot on information. They showed me the direction from where Sinhalese came. They said the crowd was led by the headman, the first accused. There were several wounded. They showed me a house burning. There were about four or five wounded. Sub-Inspector arrived, and he took over from me on the road the people who were wounded.

The people told me that the headman (first accused) fired.

Don Aron Seneviratne, affd.

Vidane Arachchi of Paiyagala. I know Muhamadu Lebbe and Ossen Lebbe

I found their dead bodies at Indiriligoda. It was on the 3rd June. Both the bodies were close. I was there when the doctor examined. I told the doctor whose bodies they were.

Cross-examined: About 5.30 I saw third accused at Paiyagala, which is about a mile away.

Miskin and Uduma Lebbe (witnesses) gave evidence before also. The third accused subscribed to pay compensation at the Government Agent's meeting. He has business with Proctor Silva. I saw him that day coming from the direction of Proctor Silva's house. Some Moors are not friendly with the third accused.

Re-examined: On the 3rd there was an inquiry by the Inquirer. There were the two witnesses.

Dr. Walpola, sworn.

Medical Officer, Beruwela. On the 3rd June I held post-mortem examinations of the bodies of Mohamadu Lebbe and Ossen Lebbe. The bodies were identified by the last witness, the Vidane Arachchi.

The first prisoner, affd.

Prosecution closed.

On the 2nd June I went to Colombo to see Mr. Toussaint at Bambalapitiya, to send my child to school. Again I went, on the 3rd June, by the 12.0 o'clock train. I went to S. O. L. Marikar's shop. I wanted to buy books for my child. I returned to my village at about 8.0 p.m. Marikar's shop was closed. I met, at 1.45, Jaya- singhe. On my way to my village at Moratuwa, at 5.30 pm., I heard that Sinhalese and Moors fought at Maggona, and some people were killed. I went home. When I wanted to go to Indiriligoda I was told that there was a fight and that there were post-mortem examinations. Andappu Mudalali and Ahama Mudalali are angry with me.

A petition was presented against me by Ismail Mudalali. The Mudal- iyar did not inquire, saying that the headman (meaning me) could not be blamed. I was complimented by Justice Wood Renton in a case. Before I became a headman I arrested a murderer. I did not commit this offence with which I am charged. I know the seriousness of it. I have a family.

Cross-examined: I heard in Colombo" on the 2nd that there was a disturbance

I

in the Pettah. I also heard there was disturbance in Panadure and Kalutara on the 2nd, evening. The 2nd was an auspicious day to take my child to school. On the 3rd I went for books for my child. I knew of a general antagonism between Moors and Sinhalese. Marikar's shop was closed. I went there at about 1.45. met Marikar on that day. It was on the 3rd. I met Marikar on the 2nd and 3rd. At Beruwela that morning Wijeratne, J.P., I met Jayasinghe on the first day. asked me to help in dispersing crowds. Colombo.

S. O. L. Marikar, sworn.

I did. I have the number of my ticket to

On the 2nd June the first accused came to my shop. The first accused is living adjoining to my land. My shop is at Kollupitiya. I saw him on the 5th or 6th. I only saw him on the 2nd, 5th, and 6th. On the 3rd June accused did not come.

Cross-examined: We had the back door open and did business on the 3rd. The second prisoner, affd.

For the last two years I am living in I know nothing about this charge. Moratuwa. I am a very poor man. I ply my cart for hire. The first witness for the prosecution is very angry with me. The first, second, and third witnesses for the prosecution are giving false evidence. I was at Moratuwa on that day.

Cross-examined: I was on the 3rd June in my house at Moratuwa. My wife, mother-in-law, and others were in the house. I saw Themis Fernando and Leisa About the 7th June I came Fernando and Swars on the way when driving my cart.

to Magalkande.

Themis Fernando, affd.

I know the second accused got married in my village. I know nothing else.

do not know where he was on the 3rd June.

Leisa Fernando, affd.

I

I do not

The second accused got married in Moratuwa and is living there. know on the day when the disturbances took place whether he was at Moratuwa or I do not know when Magal. not I met him one day, but I do not know the date. kande disturbance took place.

The third prisoner, affd.

Age 75. Man of property to some extent.

in the disturbances. was not in the village.

On the 3rd June I did not take part

On the 3rd I was at Duwegoda. It

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO