HC rejects confession, acquits accused

[TamilNet, Wednesday, 22 May 2002, 16:58 GMT]
The Eastern High Court Judge Wednesday acquitted an accused indicted under the Prevention of Terrorism Act case, stating that the confession purported to have been made by the accused was not a voluntary one. "The court considers the confession submitted to court as having been obtained from the accused under severe torture. Hence the court rejects the confession and acquits the accused from all charges," said Judge Mr.J.Visvanathan in his order delivered after trial.

In this case the Attorney General had indicted Ambikapathy Sathiskumar alias Nanthakumar in two cases filed under the PTA for waging a war against the Sri Lankan government, conspiring to attack the Kumburupiddy army camp and Anpuvallipuram police post and obtaining training from the LTTE between 15th June 1994 and 31st December 1994.

The Vavuniya Police on 28.09.1996 arrested the accused. He was indicted in the High Court on 27.4.1998. He was released on bail on 25.6.1999.

When the case came up for inquiry in the Eastern High Court, the police officer Mr.S.K. Udapamunuwa, who recorded the confession purported to have been made by the accused, gave evidence. The medical report of the Colombo Assistant Judicial Medical Officer (AJMO) Dr. W.Dassanayake who examined the accused on the orders of the High Court was produced in court.

The High Court Judge in his order stated that according to the AJMO's report the accused had been subjected to severe torture before making the said confession.