Court rejects confession, frees PTA detainee
[TamilNet, Saturday, 11 November 2000, 15:35 GMT]
A Tamil youth who was charged under the Prevention of Terrorism Act (PTA) was acquitted by the Eastern High Court on Thursday when it was brought to the notice of the Judge that the confession had not been signed by the accused.
In this case, the Attorney General indicted Sithamparapillai Rajan alias Rasu of Santhiveli, Murakottanchenai in Batticaloa district under the PTA. In one case the accused was charged for attempting to cause death to security personnel with explosives. In the other case, he was charged with obtaining arms training from the LTTE.
In the first case the accused pleaded not guilty and the case went for full trial. During the course of trial, the defense attorney Mr.Abdul Sattar brought to the notice of the court that neither the signature nor the thumb impression was obtained from the accused during his confession. Furthermore the confession was recorded by a police officer who had no knowledge of Tamil language.
The High Court Judge then rejected the confession submitted by the prosecution against the accused. When the State Attorney informed court that the prosecution only depended on the confession by the accused to prove the charge, the High Court Judge acquitted the accused who was on remand for the last two and a half years since his arrest by the security personnel.
In the second case, the State Attorney withdrew the charges against the accused stating that the prosecution had no further evidence against the accused other than the confession obtained from him.
Accordingly, the High Court Judge discharged the accused from that case too.