Trial of Hejaaz Hizbullah: Main witness flounders

Monday, 31 January 2022 02:22 -     - {{hitsCtrl.values.hits}}

  • AG request to amend indictment refused 

The main witness in the case against Hejaaz Hizbullah, the 18-year-old Mohomed Malik on Friday, failed to give any evidence relating to the charge during his testimony when the case was heard at the Puttalam High Court.

The young witness floundered when questioned as to the time period of the alleged incident at which Hizbullah is said to have made a speech and the contents of the speech.  As a result, right before the adjournment for lunch, the Attorney General (AG) requested the High Court Judge to amend the indictment. The Defence objected to it by pointing out that the indictment filed was based on repeated statements by the witness to the CID. They said that the statements to the CID by the witness, including statements clarifying the date of the alleged visit, specified the date on which Hizbullah had arrived.  The Defence pointed out that it was based on these statements that the indictment was filed by the AG and the charge framed. The High Court Judge, making order after adjournment, denied the request of the AG, and said that the indictment was specific to the statement by the witness.  Earlier, the Prosecution was reprimanded by the Judge for prompting the witness. Deputy Solicitor General Sudarshana de Silva was twice warned by the Judge for using leading questions during his evidence-in-chief.  The witness, a former Student of the AL Zuhriya Arabic College, narrated his life story and said that Hizbullah had visited the Arabic College in September or October.  The main witness failed to state that Hizbullah gave a speech which called for the “attack on catholics”, despite repeated attempts by the prosecution. The charge is that Hizbullah called on an attack on «catholics» during a speech in August 2018. At the end of the evidence-in-chief, the Defence requested the Court to release Hizbullah on bail, citing a settlement in the Court of Appeal. The request was denied by the Judge, citing lack of jurisdiction.   Deputy Solicitor General Sudarshana de Silva with State Counsel Lakmini Girihagama appeared for the AG. Nalinda Indathissa, Asith Siriwardena, Hafeel Farisz, Chaminda Athukorale, Dhanushan Kaneshayogan and a host of lawyers appeared for the two accused.

 

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