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Pararajasingham murder case: HC rules main suspects’ confessions voluntary and admissible
View(s):Batticaloa High Court Judge M.Y.M. Irshadeen has ruled that the two main accused charged with the murder of former TULF Parliamentarian Joseph Pararajasinham had made their confessions voluntarily.
The judge granted permission to the prosecution to produce the confessions Rengasamy Kanaganayagam alias Kajanmama and Edward Silva Krishnakandarajah alias Pradeep Master made before Batticaloa Magistrate N.M.M. Abdullah.
The High Court judge held a voire dire inquiry to verify whether they were voluntary confessions, when Senior State Counsel Madhawa Tennakoon sought his permission to produce the confessions.
During the voire dire inquiry, the Magistrate who recorded the confessions gave evidence.
The defence counsel raised preliminary objections, saying the production of the confessions was contrary to Section 24 of the Evidence Ordinance. In response, SSC Tennakoon said the confessions were recorded under the provisions of the Prevention of Terrorism Act and, therefore, the objection was irrelevant. He argued that the proof-beyond-reasonable-doubt principle was not applicable in this matter and only an examination under the balance of probabilities was sufficient.
Judge Irshadeen accepted the SSC’s submission and made his order accordingly.
The other accused in this case are former Chief Minister of the Eastern province Sivanesathurai Chandrakanthan alias Pillayan, Meeralebbe Kaleel alias Suresh, Ariyanayagam Darmanayagam alias Olapattakumar and G.A Tharindu Madusanka alias Vinon. They are all in remand custody.
Mr. Pararajasinham was killed on December 25, 2005 at a Batticaloa church while attending a Christmas service.
The accused are indicted with the conspiracy to murder and aiding and abetting the murder.
The High Court judge fixed the case for trial on February 22.