The Sunday Leader

Prof. Samarasekera To ‘Spill The Beans’ On Thajudeen’s Murder

by Nirmala Kannangara

The controversial former Colombo Chief Judicial Medical Officer, Prof. Ananda Samarasekera, who is under interrogation by the Criminal Investigation Department, is expected to spill the beans which can be anticipated as a new twist in Wasim Thajudeen’s murder case, defence sources are of the view.

Following the Criminal Investigation Department (CID) informing the Colombo Magistrate on Thursday, August 24, that there are prima facie evidence (sufficient to establish a fact or raise a presumption unless disproved or rebutted) to arrest the former Colombo Chief Judicial Medical Officer, Prof. Ananda Samarasekera under Section 198 and 199 of the Penal Code, it became a hot topic as to why it took too much of time for the investigators to inform the courts about the evidence they are in possession to arrest Prof. Samarasekera.

“We assume that the investigators are not under pressure from any party now after the change that took place two weeks ago and if this trend continues, not only Thajudeen’s killers but also those who were involved in conspiring to kill or abduct people, would now come to light without getting dragged further,” a leading legal luminary, who wished to remain anonymous, told The Sunday Leader.

Prof. Ananda Samarasekera in his preliminary and interim autopsy reports had stated that Thajudeen’s death was due to a motor car accident

According to Section 198 and 199 of the Penal Code, causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, and intentional omission to give information of an offence by a person bound to inform, is a non cognizable offence. In order to arrest a criminal who had committed such an offence under these two Sections, the police have to get a warrant from the court.

“Although the police are vested with powers to arrest a person for an offence committed, if the charges are leveled under Section 198 and 199 of the Penal Code, the police cannot arrest the suspect but have to get a court order to do so,” sources claimed.

Prof. Samarasekera in his preliminary and interim autopsy reports had stated that the death was due to a motor car accident as Thajudeen had inhaled carbon monoxide which indicated that he was alive and died after the accident. However, after the fall of the Rajapaksa regime and CID taking over the investigation in 2015, contradicting his first two reports, the former Colombo Chief JMO in his final autopsy report, stated that the death was due to disability of limbs, unconsciousness and inhalation of carbon monoxide. The report has further stated that high levels of ethanol were found in the deceased’s blood and that he may have consumed it two hours before the accident.

The report further stated that when the fire broke out after the accident, Thajudeen was alive and unconscious, but would have been disabled due to the injuries he had sustained to his head, limbs and the chest and had breathed the carbon monoxide which was the cause of death. With regard to the head, limb and chest injuries sustained, the former JMO has stated that it is clear that the deceased had been assaulted rigorously.

A powerful police top brass under the deposed Rajapaksa regime, Anura Senanayake, was arrested by the Criminal Investigation Department (CID) for his alleged links with the high profile murder of popular national rugby player Wasim Thajudeen

The report further states that the head injuries could have been due to a severe blow from a blunt weapon while Thajudeen was inside or outside his vehicle. Someone may have pulled him out of the vehicle and had assaulted him, which may have caused fractures to his limbs and the injuries that were caused to Thajudeen’s chest could have been caused with a circular object which may have been pushed against Thajudeen’s chest. According to the report, Thajudeen had not died due to injuries he had sustained, but due to inhalation of carbon monoxide.

“When there were enough of evidence that there were glass particles on the back of the deceased’s knee, but his failure to investigate as to how these glass particles came from before giving the postmortem report, it clearly shows Prof. Samarasekera had given a report to establish the cause of death to support the police to conceal the evidence. Having had all these evidence to establish that the former JMO had deliberately given a misleading autopsy report, why did it take so much time for the CID to inform the court that they are having evidence to arrest the then JMO? Who was blocking the JMO’s arrest?” the legal luminary queried.

Meanwhile defence sources closer to the Criminal Investigation Department (CID) said that the investigations are now heading in the right direction and those who were involved in the murder conspiracy should keep in their minds that their days to lead free lives are numbered as the startling evidence the CID is now in possession are now unfolding one after another leaving no room for the perpetrators to escape from the country’s legal net.

Shiranthi Rajapaksa and her son Yoshitha Rajapaksa too were summoned to the CID last month to question over the Red Cross Society’s defender jeep that was given to Siriliya Saviya Foundation work, which is alleged to have been used to follow Thajudeen’s vehicle at Havelock Town before he was murdered in cold blood

Senior Attorney-at-law appearing for Thajudeen’s family, Misbha Satar said that the aggrieved party was not happy the way the investigations were heading before the change in the legal system took place two weeks ago and added that all those who were involved in Thajudeen’s murder conspiracy should be put behind bars with the evidence the CID is in possession.

“When the case was taken up in courts I made the submission as to why there is a delay in arresting those who were involved in the murder conspiracy immediately. I asked as to why the investigators were following a lethargic attitude and made a request to the court to direct orders to expedite the matter. With the latest change, I was happy as to how the investigators came to courts on August 24 and made a request to give permission to arrest the former JMO,” Sathar said.

He further said that not only those who had the direct hand to snatched away Thajudeen’s life have to be taken in, but those involved in conspiring the plot and those who were involved in concealing the evidence to allow the perpetrators to go scot free too should be arrested. “Being a medical expert, Prof. Samarasekera gave a false autopsy report to impede the investigation which is against the Hippocratic Oath he took when he entered into the medical profession. His service was suspended by the Sri Lanka Medical Council (SLMC) few months ago for violating the Medical Ordinance. Even though the SLMC confirmed that the former Colombo JMO was at fault, what made the CID to wait so long to get an arrest warrant to arrest Prof. Samarasekera?” the Senior Attorney alleged.

“The CID has already questioned members of the then President’s security detail who were on duty the day Thajudeen was murdered as phone details retrieved by foreign experts has shown how many calls had been taken on May 17, 2012 between Hambantota District MP Namal Rajapaksa and Captain Tissa of the former President’s security detail and also to former OIC Crimes Narahenpita from the Presidential Secretariat. Shiranthi Rajapaksa and her son Yoshitha too were summoned to the CID last month to question over the Red Cross Society’s defender jeep that was given to Siriliya Saviya Foundation work, which is alleged to have been used to follow Thajudeen’s vehicle at Havelock Town before he was murdered in cold blood. The CID does not want to take short cuts to conclude the investigation but carrying out the investigations in a slow pace,” the defence sources who wished to remain anonymous said.

According to the sources, the Government Analyst’s report was the turning point to recommence the investigation as it clearly stated that the death was not due to burn injuries. “The second JMO report by the present Colombo Chief JMO Dr. Ajith Tennakoon, Dr. Jean Perera and Dr. S. G. A. Hewage answered many questions that remained unanswered since Thajudeen’s death in 2012. According to the second JMO report, the former rugby player had been tortured and had died due to various injuries caused to his neck, chest, and legs before he was burnt. Considering these facts it was shocking the way former Senior DIG Anura Senanayake informed the family that there is evidence that the death was due to an accident and was not a foul play and closed the files when there was much substantial evidence to prove that it was a suspected death. Although many questions were raised at the time of the death why the police did not summon the magistrate to the scene and conduct a proper investigation and why did the police removed the vehicle from the scene within a short period and the place of accident was washed off to erase evidence, the police ignored all these allegations. Even during the initial investigations, the police had not obtained CCTV footage from the vicinity and had deliberately failed to search for his mobile phone to obtain the call details. The phone was later found from Nuwara Eliya – several hundred kilometres away from the accident. They also failed to gather proper evidence from the neighbourhood and even from the fire brigade officers who came to douse the fire,” the defence sources added.

According to the defence sources, CID is further investigating as to why Shiranthi Rajapaksa’s Personal Security Officer (PSO) visited the Colombo National Hospital when Thajudeen’s remains were brought to the JMO’s office and as to why Narahenpita Crime OIC had taken telephone calls continuously to an SSP of the then President Mahinda Rajapaksa’s security division.

“If this was yet another death due to a motor car accident what was the reason for all these high ranking police officers to show an interest to this death and take a personal interest in visiting the scene of crime and even to the JMO’s office when the remains were brought in?” sources queried.

13 Comments for “Prof. Samarasekera To ‘Spill The Beans’ On Thajudeen’s Murder”

  1. surath

    Take the entirs Rajapaksa family in cluding Yoshita ,Gota to custody without delay.the Thajudeen family will curse the entirs nation for Justice,their young son murdered by this filthy Rajapaksa family

    take them to custody without fdelay

    it is justice the entire nation is waiting for

  2. He should have been struck off he role of the practicing doctor, and which would have happened many years ago. The medical associations have been strangely avoiding this issue.

  3. yaka mahathaya

    let justice prevail. the govt (Prz and PM and others) should let justice take its own course without upsetting the applecart

  4. Najimudeen

    The JMO had given different evidence at different times. Mrs Shiranthi Rajapakse gave 40 telephone calls to notorious DIG Anura Senayanayakke on the night of the murder of Thajudeen but no action is taken so far. The people have lost confidence in the Sri Lankan judiciary. The murderers can escape the judiciary but they cannot escape the divine punishment.

  5. robert

    This is how this man got his professor title under previous government. Any thing is for sale in peaceful Sri Lanka

  6. kuma

    RAJA HORA AND HIS GANG MURDERED HIM.

  7. gamarala

    Murder most foul by persons in high places, and attempted cover up.
    It is hoped that justice will prevail.

  8. Don

    They were all Raja-criminals who are being supported by a gang of rogues and trying their best to come back to power again to cover up their murders.

  9. I love to see justice to the victim family. Also I love to see the criminals who were responsible for this murder is hanged.

  10. punchinilame

    Black coats will guarantee a success to the defence as very very high fees will
    be paid from the stolen wealth of the accused family. Hope it does not take the
    turn of another Sathasivam Case

  11. mr,thajuden death was former president family. police and president security gave different picture help president.CID investigation has find the correct report, people who involved must go to court case and found guilty must go to Jail rest of there live

  12. Jude

    No wonder Ranjan Ramanayake castigated the judiciary ( AG Department included) , how can they allow such interference to take place .

  13. K.Anaga

    What have GMOA got to say about Prof:Samarasekera?

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