Wasim Thajudeen’s cold-blooded murder case:

Justiceis all what is expected

By Anurangi Singh

"We are hopeful that justice will be served. They have said, the CCTV footage is not clear to come to a conclusion on it. But, we are making progress in the investigations. CCTV is not the only evidence we have. There are various other aspects that have to be looked into. So, investigation wise we are on the correct path”

Despite the twists and turns in the Wasim Thajudeen murder case probe and the present impasse over the CCTV footage, the Thajudeen family’s lawyer Misbah Sathar expressed confidence in the pace and substance of the investigations.

“We are hopeful that justice will be served. They have said, the CCTV footage is not clear to come to a conclusion on it. But, we are making progress in the investigations. CCTV is not the only evidence we have. There are various other aspects that have to be looked into. So, investigation wise we are on the correct path,” Sathar said.

Havelocks SC Star ruggerite Wasim Thajudeen’s vehicle was found reduced to ashes near Shalika grounds in Narahenpita on May 17, 2012, with his body inside. He was 28. It was declared to be a car accident - Police initially held that Thajudeen had lost control of the vehicle which consequently crashed into the boundary wall of Shalika grounds and soon after, the vehicle exploded. Although initial observations stated it was an accident the Narahenpita Traffic Police did not visit the scene.

Perpetrators

The probe into the death of the star ruggerite under mysterious circumstances has hugged the national headlines for nearly 18 months, as the authorities re-opened the case with which several high-profile names have been associated. The Sunday Observer took a look at the different aspects of the case to ascertain whether the authorities are any closer to bringing the perpetrators to book. Several police and other officials are believed to have subverted the course of justice to cover up the grisly death, which has now been confirmed as cold-blooded murder.

The Director of the National Hospital, Dr. Anil Jasinghe said, he had still not officially received the court order seeking a medical report on Senior DIG Anura Senanayake who was arrested for withholding evidence on the murder, and said, he would prepare and submit the report as soon as he receives the order officially.

The Colombo Magistrate’s court made an order directing the National Hospital Director to submit a report on the health condition of the former senior DIG Senanayake. The report called for the medical conditions of the former DIG from 2003 to the date of his arrest. The Magistrate has called for a report from the Director of the National Hospital to ascertain whether he is in fact receiving treatment and if such treatment can be provided in the prison hospital. Narahenpita Crimes OIC Sumith Champika Perera is also in remand custody on the same charges.

JMO Report

In 2015, three years after the incident the police pronounced that Thajudeen’s death was not an accident and the investigations were handed over to the Criminal Investigation Department. Early this year Court declared that Wasim Thajudeen’s death was a murder committed under section 296 of the Penal Code. The Additional Magistrate then ordered the CID to produce relevant evidence and arrest related persons and produce them before court. With this the CID took the initiative to make haste with the existing evidence and try to find new evidence. Accordingly, an order was made to exhume the body on an application made by the CID, to make a fresh analysis on the fractured bones. Thereafter, in August last year Thajudeen’s body was exhumed from the burial grounds in the Dehiwala mosque and placed under the JMO’s custody.

As the probe became intense, it was revealed that the JMO’s postmortem report and the report issued by the Government Analyst were contradictory. The postmortem held that his lungs were filled with carbon monoxide. However, the later tests carried out by the Government Analyst did not find any evidence to corroborate the same. Later on, it was revealed by the CID to the courts that signs of torture were seen in his body; broken ribs, broken teeth and pelvic bone. The report also held that his neck was pierced using a sharp instrument and also muscles in his leg were cut off.

Former JMO Dr. Ananda Samarasekara has been held responsible for the missing body parts of Wasim Thajudeen. The body parts kept in the mortuary coolers had gone missing. The court directed the Sri Lanka Medical Council (SLMC) to hold an inquiry into the conduct.

Speaking to the Sunday Observer, a spokesperson of Sri Lanka Medical Council said, formal inquiries are being conducted into the JMO’s postmortem inspections on Thajudeen’s body. He said “after the preliminary inquiry was completed the decision was that there is a prima facie case against the JMO who has done the postmortem. Therefore, the committee has decided to go into a formal inquiry. We had about two sessions of the formal inquiry,”the spokesperson said.

The next session will be held on October 1. “The sessions take place in the presence of the doctors, members of the professional committee and lawyers as well. Defence counsels have made some preliminary objections and the SLMC professional conduct committee ruled out those objections. We report the developments to court,” the SLMC spokesperson said.

Dr. Samarasekara in the meantime filed papers before the Magistrate’s Court Colombo to obtain anticipatory bail claiming that there would be an imminent infringement of his rights if he is kept under arrest by the CID. Written submissions were made on his behalf and the order will be given on Thursday (15).

Political involvement

With the death of Thajudeen, fingers were pointed at the former first family. One of the first to speak of this incident in Parliament was Deputy Minister Ranjan Ramanayake who alleged that the murder was directed by former President Mahinda Rajapaksa’s son, Yoshitha Rajapaksa.

Speaking to the Sunday Observer, the Deputy Minister said; “In other murder cases persons involved were brought to justice within a reasonable time frame. Seya Sadevmi’s case is one such instance. Then, why does this matter take so long? There was uncertainty as to whether the investigations will be properly carried out. As per credible information that I have received the offer that was made to Anura Senanayake was ‘sky is the limit’. Mahinda Rajapaksa’s son’s future lies in the former senior DIG’s statement.”

He also said, the past regime was so corrupt, that there are many examples where even members of the judiciary have been involved in malpractices and acted in violation of the laws of the land.

“He was the most popular rugby player at Havelock’s Sports Club. They should arrest the JMO and question him on the irregularities. That has not been done yet. They must look into the financial status of Anura Senanayake. He is the owner of Bake House. The infirmity he claims to be in is a common one that more than 3/4th of the people of this country are suffering from, i.e., diabetes. And he is living quite comfortably,” said the Deputy Minister.

Investigations forward

The British Columbia Medical Laboratory in Canada in a report has informed the Court that the CCTV video footage related to the Thajudeen murder is unclear. Meanwhile, several telephone calls that originated from the phones at the Presidential Secretariat Office following the murder of former rugby player Wasim Thajudeen are currently being investigated by the CID, the Court was informed.

The matter is coming up again in Court on the 21st of this month.