Confessions by the 2 LTTE suspects were made voluntarily: Panadura High Court

The Panadura High Court has ruled that confessions made by two LTTE suspects in a deadly 2007 claymore bomb attack were given voluntarily. The court made the ruling after holding a “Voir Dire” inquiry.

The accused, Thangavelu Nimalan alias ‘Selvam’ and Nadesan Kugadasan alias ‘Thenral’ are charged with exploding a claymore bomb that destroyed an SLTB bus at Katubedda, Moratuwa on

May 28, 2007, killing seven civilians and seriously injuring 49 others. The accused had been targeting an STF intelligence officer named Dissanayake, who was among those killed in the attack.

After conducting a Voir Dire inquiry, High Court Judge Damith Totawatta ruled that the confessions made by the accused to then Superintendent of Police (SP) Palitha Panamaldeniya and then Assistant Superintendent of Police (ASP) Oshan Hewavitharana on May 15, 2010 and June 17, 2011 respectively, were given voluntarily to police under the Prevention of Terrorism Act.

A“Voir Dire” inquiry is referred to as a “trial within a trial” and was held on this occasion to determine the admissibility of the confessions as evidence.

During the trial, Senior State Counsel Madhawa Tennakoon sought to mark the confessions made by the accused as evidence. However, a Voir Dire inquiry was held after the defence objected.

The Attorney General has served 83 indictments on the two accused, including conspiracy to murder and aiding and abetting a crime.

Further hearing was put off till April 3. Senior State Counsel Madhawa Tennakoon with Jayani Wegodapola appeared for the prosecution. Counsel S.Panchaththaran, Suranga Bandara instructed by N. Srikantha appeared for the accused.

During the trial, Senior State Counsel Madhawa Tennakoon sought to mark the confessions made by the accused as evidence. However, a Voir Dire inquiry was held after the defence objected.