Transfer

REPORTS say that the Mylanthanai case will be heard from 6 June in the Colombo High Court. On 8 August 1992, Sri Lankan soldiers from the Punanai Army camp in Batticaloa District massacred 35 Tamil civilians in Mylanthanai village. The attack was suspected to be in revenge for the death of six senior military commanders, including northern commander Major General Denzil Kobbekaduwa and Jaffna commander Brigadier Wijaya Wimalaratne, in a landmine attack at Arali Point on Kayts Island, west of the Jaffna peninsula.

Twenty four soldiers were identified at the Batticaloa magistrate’s court. At this stage, the Attorney General (AG) transferred the case to Polonnaruwa courts, 60 miles north-west, saying that the safety of the accused could not be guaranteed in Batticaloa. The 43 witnesses expressed fear to go to Polonnaruwa and failed to attend courts. Later, police escorted them to Polonnaruwa.

The preliminary inquiry in the Polonnaruwa magistrate's court was concluded in March 1994 and 21 soldiers were committed for trial in the High Court. The AG filed indictment against them in the Batticaloa High Court. After ten years, the AG has again ordered the transfer of the case to Colombo on grounds of safety of the accused. Lawyers say that the case has already been postponed on many occasions and this will cause further delays.


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