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Attorney for the aggrieved objects to police evidence
At the magisterial inquiry held into the Rathupaswala case before Gampaha Magistrate T. Jayatilleke on September 17, HQI Magalegoda said that at the height of the uproar, there was a noise of shooting, after an attack with empty bottles by the crowd. Three persons including Akila Dinesh Jayasinghe and S. Ravishan Perera of Rathupaswela died in the shooting, which was a sequel to the protest in Weliweriya.
He added that there were about 4,000 in the crowd. Some were drunk. He said he does not know about the street lights and the wires that were in town, or whether the town was in darkness. IP R.A.S. Bandara giving evidence said that he visited the place with six other policemen and felt that tension was high at the time. Later, he had taken a posse of policemen to Welilweriya town. He had been advised by SP W. Commasaru not to carry firearms to the spot. Tension rose high by noon.
Some monks arrived at the scene and seemed to be giving directions. The crowd demanded the closure of the factory. The rabble forced the closure of the highway at 2 p.m. and it remained closed till 5 p.m. At this time the Army came to the scene. It numbered about 200, and he was told that there were directions from Defence Secretary Gotabaya Rajapaksa to remove the crowd from there. A Brigadier on the megaphone announced to the crowd that clean drinking water will be supplied to the residents. The monks wanted half-an-hour to leave the place. The crowd demanded that the two armoured personnel carriers (APCs) be removed from there. He noticed a few drunkards among the restless crowd.
Continuing the evidence, he said there was a hail of objects such as bottles, directed at the soldiers. At this stage, Attorney Upul Deshapriya said there is evidence to prove that the soldiers were at the ready. As the Brigadier reached the crowd, objects were hurled at him, one of which struck him. At this stage, orders were given to attack with water and tear gas. Witness had watched the scene from close by and saw what was taking place. When asked if he had more to say, he said the crowd set tyres ablaze on the highway and later damaged public property.
At this stage, taking into consideration what the Attorney said, the Magistrate asked HQI Magalegoda what happened to the street lights. He said he did not know. The HQI added that, had the police not intervened, more damage, especially to the filling station nearby, would have occurred. He said there had been an attack on the APCs, and possibly, there was shooting. Here the HQI’s evidence was concluded.
IP Jayalath Sampath Kumara in his evidence said that he was told to attack the crowd in return, if they attacked the police. He was ordered by Balagalla to confront the crowd with water cannon to disperse them, if they were boisterous. He said the crowd attacked the police, who retaliated with water cannon, after they staged protests for over half-an-hour. Fires were burning at several places, while firing was heard, he said, concluding his evidence.
IP Rangana Chathuranga was next to give evidence. He said that he carried with him equipment to quell crowd behaviour. He said that after gunshots were heard, the crowd threw bottles which compelled Balagalla to respond with tear gas. Thirteen teargas canisters were thrown as the crowd became violent. The Attorney expressed concern at the manner in which the police were giving evidence, which was incorrect, requiring the Magistrate to pacify both parties.
Further hearing was put off till October 9.
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