Guilty
as charged
The
Colombo High Court on October 31 delivered a historic
judgment, sentencing LTTE leader Velupillai Prabhakaran
to 200 years imprisonment for his role in the Central
Bank bomb blast that killed nearly a hundred people. The
Sunday Times today carries an extract from the judgment
that links Prabhakaran to the bombing |
The
crucial breakthrough linking LTTE chief Velupillai Prabhakaran
to the Central Bank bombing case was made by the detection
of a plaque presented to an LTTE cadre involved in the attack.
The October
31 judgment sentenced Prabhakaran for 200 years for his role
in the attack which killed nearly 100 people and maimed or
injured several hundreds, but could not link LTTE intelligence
chief Pottu Amman to the case due to insufficient evidence.
In the
case Prabhakaran along with nine others had been charged.
The important link between Prabhakaran and the suicide bombers
who carried out the attack was established after one of the
police investigators entered an LTTE controlled area of Muttur
and picked up a vital piece of evidence.
The 126-page
judgment delivered by High Court Judge Sarath Ambeypitiya
said that Prabhakaran's finger prints were found on the plaque
that was presented to one of the suicide bombers who was arrested
by the public soon after the bombing incident on January 31,
1996. The finger prints had been compared with Prabhakaran's
finger prints which had been taken when he was under arrest
in 1982 in India.
One of
the suspects who was convicted told court that he took part
in the attack on the instructions of 'Charles' and 'Pottu
Amman'. A day prior to leaving on the bombing mission they
had been informed that Prabhakaran would visit the 'Sony'
base where they were staying. Accordingly Prabhakaran and
Pottu Amman visited the base and partook meals with them.
Later, he was sent to see Prabhakaran in his room where he
was presented with a silver plaque with an embossed Eelam
map.
According
to the suspect's confession, Prabhakaran had told him that
he should follow the instructions related to the bombing of
the Central Bank Building and that his family would be looked
after by the LTTE.
Prabhakaran
had said that he would be respected by the Tamil community
for carrying out the attack and urged him to perform his duty
properly. The suspect had confessed that the plaque presented
to him was in a red box and had been sent to his father living
in Muttur.
Accordingly
Chief Inspector Nilabdeen, who was involved in anti-terror
operations, led a team to Muttur on February 7, 1996. They
had first visited the residence of the suspect's sister and
found the directions to the father's house in an area controlled
by the LTTE.
The Police
team ventured into the uncontrolled area where they located
the house of the suspect's father. They detected the red box
which contained the plaque. The items including a letter in
Tamil were brought to Colombo.
Subsequently
the finger prints on the plaque were checked with a copy of
Prabhakaran's finger prints that had been obtained from India
by DIG Punya de Silva in 1982 on the instructions of the then
IGP Rudra Rajasingham. A careful inspection had revealed that
the plaque contained the finger prints of the suspect as well
as of Prabhakaran.
The two
suspects taken into custody in connection with this case were
nabbed by the public and handed over to police soon after
the truck bomb blew up the Central Bank building.
They were
found in a bakery in Pettah while they were trying to don
civilian clothing after dropping the suicide jackets, explosives
and weapons.
The two
suspects were identified as the persons who fired at the Central
Bank building immediately before the explosion. A central
Bank security guard was among those who went on the trail
of the two suspects.
Central
Bank Security guard B.G. Kumarasiri had identified the fourth
and fifth accused as the same persons who had come charging
towards the Central Bank with guns ablaze. Another security
guard, Pathiranage had also identified the fourth and fifth
accused.
A senior
Central Bank security guard in his evidence said that he had
seen two persons dressed in sarong and shirt firing towards
the Central Bank and they were identified as the fourth and
fifth accused. A trishaw driver too had identified the accused.
Sumanasiri
Silva and Patrick Peiris were two key witnesses to the attack.
Sumanasiri Silva had arrived from Panadura and was on his
way to Kandana. He was close to the World Trade Centre when
the explosion took place. Soon after the explosion, he had
seen two people running away. He had immediately told Mr.
Patrick Peiris that he felt suspicious about them. When he
caught one of them by the collar he noticed a parcel under
his shirt. He felt that he was carrying a bomb and had therefore
let him go.
However,
both Mr. Silva and Mr. Peiris pursued him upto Rohini Lane
which is off Malwatte Street in Pettah. At that point, the
suspects had entered a bakery. When Mr. Peiris went into the
bakery, the two suspects came out of the bakery and started
running away. At this point they had shouted 'Koti, Koti'
(Tigers, Tigers). They were soon captured with the assistance
of the public and handed over to the Pettah Police station.
Inside the bakery, Police detected seven hand grenades, two
T.56 magazines, detonators, six magazines and a suicide jacket.
Witness
Wijewickrema, one of the persons who had given chase said
that when he was pursuing them, they had threatened to shoot
him. However, with the assistance of the public, they were
arrested.
The witness
had been able to clearly identify the fourth and fifth accused
as being the same persons who had fired at the Central Bank
and later arrested at Malwatte Road. They had also checked
the fingerprints of the two accused and found that it matched
the fingerprints on the weapons and explosives that were detected.
The fourth
accused in his confession said that the reason he had joined
the suicide squad of the LTTE was because he was influenced
by Ameen master, an LTTE leader who was in custody. The accused
had been with the LTTE for two years and was given a description
of the Central Bank building.
The warden
of the Pettah Central Load Lorry Park said that the lorry
used for the bomb attack in Central Bank had been parked in
the park the day prior to the attack. It had been brought
there by a person named Navarathne. The fourth accused said
that part of the rice in the lorry had been unloaded and the
weapons and the explosives had been concealed therein. The
following day the fourth accused, Ragu and another person
named Raju had driven the lorry towards the Central Bank.
On their way they had opened fire indiscriminately.
The fourth
accused making a statement had said that on January 30 1996
he had arrived in Colombo with his aunt by train and on the
day of the explosion he had gone opposite the station to purchase
clothes and make a telephone call. At that time he heard the
sound of the explosion. He said that he was arrested although
he was not a LTTE member.
This was
contrary to his confession made earlier in which he said that
he came to Colombo by lorry. There was also evidence to suggest
that the fourth accused was seen at the lorry park around
6.00 am on the day of the explosion. It was also proved that
the fingerprints found on the T56 weapon found close to the
scene were the fingerprints of the fourth accused.
The fifth
accused in a statement said on the day of the incident he
had come to Pettah to meet a job agent. On hearing the explosion
he had started running since the others were also fleeing
from the area.
He said
he was arrested and handed over to the CID where they had
obtained his fingerprints. He had denied sending a parcel
to his father as stated by another suspect. But the owner
of the house where he had been accommodated said that on the
day of the incident the suspect had gone missing in the morning.
His fingerprints also had been found on the T56 rifle.
During
the investigation it was established that the fingerprints
of these suspects matched those on the productions made in
court. It was revealed that the bomb used in the Central Bank
attack weighed 250 kg. The estimated damage to the surrounding
buildings were around Rs. 1,050 million while damages to the
Central Bank building was estimated at Rs. 375 million. In
addition 21 vehicles parked near the Central Bank were also
destroyed. Damages were estimated at Rs. 5.5 million.
It was
proved beyond doubt that the intended to destroy the Central
Bank building and were aware that death and destruction would
be caused through the attack. However, it wasn't established
beyond doubt that Pottu Amman advised and encouraged them
to carry out their attack. Therefore Pottu Amman was discharged
in the case.
The court
taking into consideration all the evidence found the first,
sixth, eighth, tenth along with the fourth and fifth accused
guilty of conspiring to destroy the Central Bank building.
It was established that the fourth and fifth accused had been
directly involved in the attack. The first, sixth, eighth,
tenth accused encouraged them to carry out the attack. Prabhakaran
was found guilty of 59 charges.
They
carry the pain of Prabhakaran's terror
By Faraza Farook
Reacting to the High Court judg ment that sentenced
LTTE leader V. Prabhakaran to 200 years imprisonment, surviving
victims and families of those killed in the Central Bank bomb
blast said the conviction and sentencing had little impact
on their lives, though they welcomed it.
However,
many were of the view that the LTTE should be pardoned for
the sake of peace, though they still carry with them the scars
of the tragedy. Six years after the tragic incident on January
31, 1996, the scene is etched deep in their memories and rekindled
every time they hear, see, smell or even sense the slightest
threat. The Sunday Times visited some of the survivors of
the bomb attack to obtain their views on the judgment.
For Dalmie
Wickremasinghe (63) from Boralasgamuwa, losing his wife Padma
was the worst tragedy. Three days after hearing the shocking
news, his father died. "Padma (53),the Deputy Librarian
at the Central Bank was based in the mezzanine floor. I rushed
to Colombo from my work place in Kalutara, on hearing the
incident. I had to search for her at the National Hospital
and then at the Eye hospital. I really didn't want to find
her at the eye hospital blind. She once said she would rather
end her life with a cyanide capsule than losing her sight.
"Finally,
I found her body at the morgue. I had to start life all over
again because of my two children who were aged 19 and 23 at
the time. Today, my eight month old grand daughter takes care
of my loneliness, but the loss of my wife is a scar that will
remain all my life".
Asked
about the High Court judgment Mr. Wickremasinghe said it was
a good judgment but added that since he believed that "hatred
cannot be conqured by hatred," Prabhakaran should be
pardoned for the sake of peace. "We should forget the
past and support the efforts made at bringing peace."
Z. M.
Rafeek (35) who was Head of Finance and Planning for Sri Lanka
and the Maldives at the American Express, suffered multiple
injuries which robbed him his vision. Despite total blindness,
he is reportedly one of the few persons to be actively working
even today. "I sustained multiple injuries from head
to toe, my lungs failed and people thought I was going to
die. I had been in and out of the operating theatre 11 times
and was hospitalized for four months. My life remained a question
mark. But in May 1996, I took up my position again at the
American Express," he said with pride.
Though
Mr. Rafeek opted for early retirement on 31 January 1998,
the Saudi Travellers Cheque Company, a sister group of American
Express, offered him a post as Regional Manager for Asia in
which capacity he is working to date. "They encouraged
me and said that being blind should not deter me from being
employed. Life is very much interesting and it's a totally
new life.
"Having
accepted my situation as God's will from day one, I don't
want to find fault with anybody. All are subject to the court
of law and thus, the judgment has to be respected. If I had
dwelled about who did what or felt revengeful for my position
today, I wouldn't have been able to pull through," Mr.
Rafeek said while adding there should be a positive approach
to the peace process and needs support from all sectors.
Piyadasa
Wijesighe (58) who was Head of the Media Unit at the Central
Bank is fully blind and has scars of cut injuries on the left
side of his body. "It was hard initially to adjust myself
to this new situation after being a photographer for 25 years.
But, in eight months, the situation changed, my mind changed.
I began to make small envelopes as a hobby and distributed
them free to doctors and then I used the waste papers from
this to do sculpting. In the bank I used to work only for
eight hours, but now my hobby keeps me busy for 14 hours a
day.
"Although
I've accepted my situation and adopted a totally different
lifestyle, my family still carries the pain. I am a happy
man today, but still I desire to see society once again. "The
judgment, however, doesn't hold any significance to me. I
have no opinion on that and I didn't feel any impact. But
I feel the peace process is a vital step and appreciate the
efforts made so far".
M. F.
Hameed (63) former Deputy Director Information at the Bank
lost his wife Sriyani who worked as a Senior Assistant Director
for the Bank. "I didn't know she had died. I sustained
cut injuries, but survived." Living with his children,
a daughter and a son, Mr Hameed repented the invaluable material
that was burnt in his Department. "I feel very remorseful
that the Central Bank was bombed".
Welcoming
the judgment he said, "A judgment has to be given for
the atrocities done. However, the blame is on all sides for
the political mismanagement of things. But, irrespective of
all that has transpired, we must forgive and forget".
Wimal Cooray (58) also lost his wife who was working at the
Central Bank. "I really miss her" he says mournfully.
"Shirani was the Senior Assistant Director in the Department
of Information. My son was only eight when she died. And when
it comes to day-to-day matters and making decisions, I feel
her absence strongly. It seems like losing my right hand.
"Her
death not only left a void in our lives, but affected my son's
education. Once a bright boy, his studies fell below average
and he took some time to improve". "Six years later,
I hardly see any change. We still feel the loss, but we have
to carry on". While remaining optimistic about the progress
on peace talks, Mr. Cooray appreciated the High Court judgment.
"That was the correct judgment," he said.
H.W. Sunil
(51), a security officer on the Bank's main building,lost
his job when the medical board decided that he was unfit for
work following injuries that handicapped his left knee. "I
can't walk for more than 200m and I can't stand for over 10-15
minutes. Two surgeries were done, yet to no avail. Though
I took over secondary duties at the Bank thereafter, I had
to stop after two months when the Medical Board condemned
me as being unfit for work.
"My
wife, my teenage daughter and son were mentally tormeted.
They feared that the injury might paralyse my left leg, or
that I may not walk all my life. "There aren't many people
willing to give me employment. My pension is the only income,
since my wife doesn't work".
A Basket
ball player who was in national team, Sunil yearns to share
his skills. "For 12-15 years I have been a basket ball
player. I wish I could teach or share my skills or at the
least be an umpire. This is something I really want to do.
But I've had no opportunity. I have also been a rugger player
for the Air Force team and the Havelock team."
Commenting
on the judgment he said that although it was a welcome judgment,
the timing was bad because it came at a time when peace talks
were taking place. "We need to somehow achieve peace,
no matter what and for that, we need to forgive and forget
the faults committed by both sides and through dialogue achieve
peace."
Dr. A.G.M.
Zuhair (57), one of the Directors at the Central Bank is totally
blind today. Recalling those moments in 1996 he said, "It
was totally dark and I was telling my final prayers. Though
I thought I'll regain my sight, it later proved to be medically
impossible. I was able to face it though, because of my faith
which gave me strength.
Dr. Zuhair
who holds a doctorate in Economics is a father of three daughters
still studying. "Materially I have lost lots of things
in life, but God has taken care of me. A senior teaching fellow
at the Nanyang Technological University in Singapore at one
time, I wanted to migrate there with my family on my 55th
Birthday. (delete)
Commenting
on the Court ruling he said, "It's strange it took so
long. However, wrongdoers should be punished. I have no self
satisfaction on this judgment, after all this bomb was not
personally aimed at me.
"Yet,
I only hope that the LTTE is honourable in its attempts at
peace talks. It is the Tamil community that must impress upon
the LTTE to be honourable," Dr. Zuhair said. Although
the judgment served to be a significant ruling especially
at a time when peace talks were taking place, for the victims
and their families it held little importance. Their inner
mind was a storehouse for one of the most unforgettable incidents,
and they needed much more than a judgment to re-adjust to
the new lifestyle.
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