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Thajudeen family seeks security after fresh findings
The family of former rugby player Wasim Thajudeen has sought security after the Colombo Additional Magistrate this week held that the sportsman’s death had not resulted from a road accident.
The family’s lawyer A.S.M. Misbah arriving in court. Pic by Anuradha Bandara
Additional Magistrate Nishantha Peiris made the ruling after considering the final report submitted by the Judicial Medical Officer (JMO) Dr. Ajith Tennakoon and the CID which indicated that the victim had suffered grievous injuries to the legs, chest, neck and head, then placed in the front passenger seat before the incident was staged as an accident.
A.S.M. Misbah, the attorney representing the family of the deceased, requested the Additional Magistrate to consider providing protection for the family members under the witness protection bill as it is they would who will be possible key witnesses as the case has taken a different direction with the submissions by both JMO and CID.
He claimed that with the CID and JMO uncovering evidence hidden by parties involved in the cover-up of the incident the family of the victim could face harm when coming out with more evidence to support a charge of murder. Other witnesses also face harm, he said.
The Additional Magistrate has ordered the CID to obtain more evidence by investigating former DIG Anura Senanayake and other police officers who handled the initial investigation.
In court, Mr. Misbah pointed out that those involved in the cover-up should be punished under Sections 198 and 199 of the penal code for failing to perform their duties by allegedly misleading the judiciary with false reports and evidence in support of the alleged parties involved to cover up the incident.
The CID informed the court of conflicting statements made by the former JMO and his subordinates. Retired JMO Professor Ananda Samarasekara mentioned in his statement that he had instructed subordinates to keep the remaining body parts under preservation but the subordinates denied this claim in their statements.
The Additional Magistrate pointed out that the initial postmortem examination report, submitted by the former JMO, had been delayed for two-and-a-half years and this had lengthened court proceedings. The report had eventually been obtained after four notices had been sent to Professor Samarasekara.
The Additional Magistrate ordered the CID to investigate the former JMO and his subordinates over the statements made over mishandling the body parts of the victim and on negligence and improper conduct of the postmortem examination, as claimed in the submissions made by the current JMO.
The court hearing was extended to January 7 with an order for the National Police Commission (NPC), the CID, the Sri Lanka Medical Council (SLMC) and the Director-General of Health Services to submit comprehensive reports over the inefficiencies in fulfilling duties during the initial investigation.
The CID informed the courts that there would be a delay in compiling a report of CCTV camera footage of the incident. It said the University of Moratuwa was helping to retrieve clear and quality visuals as evidence.
Those visuals will be used to identify the number plates and persons traveling in suspicious vehicles alleged to the incident. The Additional Magistrate ordered the CID to submit the CCTV footage report within 14 days.
NPC Secretary N. Ariyadasa Cooray said council members were studying the case to probe the actions of the police officers involved in initial investigations and assist the CID in submitting a complete report on that investigation.
He said the ex-DIG involved in the case and other retired police officers are considered to be civilians and therefore the law permitted police to take direct action against them without the involvement of the NPC.