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PUBLIC RECORD OFFICE

Reference -

CO. 882/10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

140

Evidence for defence was not given in a satisfactory or convincing manner, while that of the prosecution appeared clear.

A. CHICHESTER, Lieut.-Colonel

16th July, 1915.

Certified true copy.

L. A. NORTHCOTE, Captain,

D.A.A.G., Ceylon.

HANWELLA.-Field General COURT MARTIAL.

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13th July, 1915.

Prisoner :-

Kandaripedige Sominduwa.

Charges:-

1. Treason.

2. Wounding with intent to murder.

3. Wounding with intent to do grievous bodily harm.

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Finding :-

Guilty.

Death.

Sentence:-

President: Lieutenant-Colonel A. G. de V. Chichester, 28th Punjabis.

CASE against:-

COURT MARTIAL. Preliminary Proceedings.

1. Don Leonis Goonetilleka.

2. Don John Amarasekera.

3.

K. D. A. Goonetilleka.

4. Don Pieris Goonetilleka.

I direct that the above-named accused be tried by court martial on the following charges-1, treason; 2, shopbreaking.

29th June, 1915.

CHARGES against :

COURT Martial.

Charge Sheet.

ROBERT CHALMERS,

Governor.

1. Don Leonis Goonetilleka, Registrar, Kalupahana.

2.

Don John Amarasekera, police vidane of Kalupahana.

3. K. D. A. Goonetilleka, police vidane, Miwanapalana.

4.

Don Pieris Goonetilleka, ex-Registrar, Kalupahana.

First Charge.--The above-named accused, being persons subject to military law, are charged with treason, in that they, at Kalupahana, on or about the 1st June, 1915, did levy war against our lord the King, contrary to Section 41 of the Army Act.

Second Charge-The above-named accused are further charged with shop- breaking, in that they, at the same time and place, in pursuance of the said treason, being members of an unlawful assembly, with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, did break into the shop of one Kawana Ismail Marikar, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861, and Section 41 of the Army Act.

141

EVIDENCE TAKEN AT A FIELD GENERAL COURT MARTIAL HELD AT PANADURE ON 18TH JULY, 1915.

Prisoners:-

1. Don Leonis Goonetilleka, Registrar, Kalupahana.

2. Don John Amarasekera, police vidane of Kalupahana.

3.

4.

K. D. A. Goonetilleka, police vidane of Miwanapalana. Don Pieris Goonetilleka, ex-Registrar, Kalupahana.

Prosecution opens.

Kawana Ismail Marikar, sworn.

me.

Trader. Live at Kalupahana. Have a boutique there. On the 1st June, at about 10.0 p.m., my boutique was broken by Sinhalese. It was closed at the time. I was in the boutique. Ibrahim Lebbe Ahamadu Lebbe and others were there with We were taking dinner at that time. I heard a hoo cry. Leaving our dinner from the kitchen we came to our boutique. I heard the first accused saying: "There is no British flag. It is Sinhalese flag now. Break the boutiques and kill the Moors." Then two planks on the door were broken. The first accused entered first. The four accused entered the boutique. The fourth stood on the doorway. The first accused called out for one Pelís, from outside. He came. The first accused asked him to break the drawers. Pelis had an iron rod and broke the drawers. The first accused had a handkerchief. He spread it, and the cash was put in the hand- kerchief. In the drawers there was Rs. 3,665 in notes, silver, etc., and a bundle of gems. All this was put in the handkerchief, and the first accused took the hand- kerchief in his hand. Afterwards the planks were opened and the crowd entered, armed. There were carta. The first accused said: "After taking the goods, if there are any Moors, kill them." When they said "kill the Moors" I got out by the back door. After my boutique was broken they passed to the other boutiques. All the boutiques in Kalupahana have been broken. The first accused had a sword, the second a small axe, third a club or iron rod. I did not notice anything in the hand of the fourth accused. I don't remember. Miwanapalana is one-and-a- half miles from Kalupahana.

I

Cross-examined I know the village Atulugama. It is distant from Kalupa- hana about nine or nine-and-a-half miles. On the 2nd. morning, I was there. On the night of the 1st I went there. I did not tell the others who were in the boutique with me that I was going to Atulugama. I did not speak to my father. I went. was in the jungle. After midnight I left for Atulugama. I returned to Kalupa- hana about six or seven days after. I went to Ingiriya on the 8th or 9th. I made complaint at the Ingiriya Police Station. I gave the names of the four accused. The same day I returned to Kalupahana I went to Ingiriya. Then I saw the second [accused]. I met the Mudaliyar at Atulugama. I gave the Mudaliyar the names of these four accused. The second accused did not arrest me at any time on

Ibrahim Lebbe Ahamadu Lebbe, sworn.

a warrant.

Trader at Atulugama. I know the last witness. He is my cousin. I remember the day when his boutique was broken into by Sinhalese, on the night of the 1st June. I was with him at that time. About 10.0 or 10.30. We were taking dinner. (Similar evidence.) I was near the almirah in the boutique. I left the boutique after the last witness went from it. I was in the jungle that night. I did not notice the third and fourth accused having anything in their hands. I have known the fourth accused for some years.

Cross-examined: No one in the boutique knew that the last witness went to Atulugama that night. On the 2nd there was a suicide. Police came to the spot. The four accused came before the constable came. They inspected the dead body and went away.

At the time the police came the second accused was not there. He came afterwards. I complained to the constable. I did not mention the names of the accused. The second accused made inquiries regarding the looting. The Through fear. second accused questioned me. I said I did not know who removed. They did not (Intd. A.C.) ask. I did not say particularly who removed. I did not say that I could not see from the loft. I did not go to the loft. The Mudaliyar on the 4th made inquiries. The a. C.) I did not then give the names of the accused. With the Mudaliyar came the second accused. On the 4th we were protected at the second accused house. The last witness complained in the police. I also went with him to the police. I did not mention the names of the accused. Four or five days after that I mentioned the

That would be about the 10th.

names.

Through fear,