Former President's Secretary aborted recording video evidence: Report

APresidential Commission of Inquiry ( PCoI) appointed in 2009, that probed the killing of 5 youths in Trincomalee, had to abort recording video evidence of the only survivor of the incident, upon a directive from the former President's Secretary, the PCoI said in its Report.

The directive had come following the Attorney General advising the President’s Office that it would be prudent for the PCoI to await the enactment of the " Assistance to and Protection of Victims of Crime and Witnesses" Act, in view of the “doubtful status of the law pertaining to the receipt of evidence through video conferencing," the Report said.

The PCoI was appointed by former President Mahinda Rajapaksa in 2009, to probe 16 alleged serious violations of human rights including the Trincomalee students' killing. The PCoI submitted its report in 2009, but only made public after the present Government came to power in 2015. The Report contains a detailed account of the tragic events of the night of Jan.2, 2006.

“The inability of the PCoI to record the evidence of Pooncalalon, one of the youth s who survived the incident, was a severe setback to the PCoI’s proceedings,” the Report said.

The "Assistance to and Protection of Victims of Crime and Witnesses" Act passed in 2017, was amended last year to allow for evidence or statements of any victim of crime or witness, to be recorded from any remote location outside Sri Lanka. Such evidence or statement has to be recorded at the Sri Lankan diplomatic mission in the country from where a victim of crime or witness seeks to testify.

Law and Order Minister Sagala Ratnayaka said this week that the case in connection with the killing of the students is progressing, as it allows for the use of video evidence.

"We could not proceed with the case as the main witness was overseas and not in a position to support proceedings. The case is now progressing, as new reforms have allowed the use of Skype evidence," the Minister said.

On suspicion of involvement in the killings, 13 Police Special Task Force ( STF) personnel were arrested in 2013, and are out on bail.

The PCoI concluded in its report that, based on the evidence placed before it, there are “strong grounds to surmise the involvement of uniformed personnel in the commission of the crime.”