"I Don’t Remember": Gota Faces Tough Questions in Lalith-Kugan Case

COLOMBO (News 1st): Repeatedly stating that he could not remember key incidents due to the passage of time, former President Gotabaya Rajapaksa on Tuesday (29) provided evidence via an online hearing in the long-running case concerning the disappearance of political activists Lalith Kumar Weeraraj and Kugan Muruganandan, while also rejecting allegations linking him to abductions and disappearances during his tenure as Defence Secretary.

Rajapaksa appeared before the Colombo Chief Magistrate's Court, while the evidence was recorded for proceedings before the Jaffna Magistrate's Court. He arrived at the Colombo court complex at approximately 1.20 p.m., with the recording of evidence commencing around ten minutes later.

The testimony was recorded in connection with the case filed by the relatives of Lalith Kumar Weeraraj and Kugan Muruganandan, who disappeared in Jaffna on December 9, 2011.

The two political activists allegedly disappeared while preparing to hold a media briefing on behalf of relatives of missing persons to mark International Human Rights Day in the Avarangal area of Jaffna. It has been alleged that a group arriving in a white van abducted the two men.

At the time, then Government Spokesman Keheliya Rambukwella publicly stated that Lalith and Kugan were alive. During subsequent investigations, Rambukwella reportedly stated that he had made that declaration based on information conveyed by then Defence Secretary Gotabaya Rajapaksa.

It was on that basis that notices were issued to Rajapaksa in March 2019 requiring him to appear before court and provide evidence.

However, citing security concerns, Rajapaksa repeatedly refrained from testifying before the court and subsequently went on to become President.

When the matter was taken up before the Jaffna Magistrate's Court on February 6 this year, lawyers representing Rajapaksa sought permission for him to provide evidence virtually. The court granted that request on June 2, leading to Tuesday's hearing.

Rajapaksa gave evidence from the Colombo Chief Magistrate's Court while questioning was conducted before the Jaffna Magistrate's Court by counsel for the complainants, Attorney-at-Law Nuwan Bopage.

Throughout the proceedings, Rajapaksa repeatedly said he could not remember a number of incidents due to the significant passage of time and maintained that allegations connecting the military and intelligence services to abductions and disappearances had been made for political gain and to damage Sri Lanka's image.

When asked by Bopage whether the disappearance of civilians constituted a threat to national security, Rajapaksa responded that people disappear for various reasons and that such matters are investigated by the police. He stated that not every disappearance is brought before the Security Council and that information is received only in certain cases, particularly if they are considered special incidents.

The former President was also questioned regarding the alleged abduction of former Western Provincial Councillor Sagala Senarathna, but stated that he could not remember the incident.

A substantial portion of the cross-examination focused on the abduction and assault of journalist Keith Noyahr.

Asked whether he remembered Noyahr, Rajapaksa said he remembered him and recalled the incident to some extent but did not remember the details.

When pressed on what he meant by remembering the incident only to some extent, Rajapaksa replied that he remembered an incident taking place but had not come prepared to discuss that matter and therefore could only recall it partially.

Asked whether he remembered reports that Noyahr had gone missing, Rajapaksa said, "As far as I know, Keith Noyahr was not missing."

When questioned on whether he knew that Noyahr had allegedly been abducted and subjected to torture, Rajapaksa replied: "I do not know that he was abducted. But I know that he disappeared and was later found."

Bopage then asked whether he remembered receiving a telephone call informing him that Noyahr had gone missing.

"That was 15 years ago. I do not remember now who called me," Rajapaksa responded.

Asked whether he remembered informing then Inspector General of Police Jayantha Wickramaratne about the matter, Rajapaksa said: "If I became aware of such an incident, I would have informed the Inspector General of Police."

When asked whether he informed Major General Hendahewa, Rajapaksa again cited the passage of time, saying he could not remember the matter.

Questioned on whether he was aware that Noyahr had sustained serious injuries and had later been abandoned at another location, Rajapaksa replied: "I don't remember."

Bopage then suggested that Noyahr had been released rather than killed on Rajapaksa's instructions.

Rajapaksa rejected the allegation, stating: "I reject that. As I said earlier, an incident took place. I do not know how it happened or who did it. Moreover, when you ask me about something that happened 15 years ago, I do not remember."

When Bopage referred to a Criminal Investigation Department report from January 2017 that allegedly stated Rajapaksa had informed a Deputy Inspector General of Police about the matter, the former President responded: "I do not remember that."

Asked whether he remembered that five officers attached to the Army's Tripoli Platoon had been named as suspects in connection with the incident, Rajapaksa said: "No, Sir. I do not know."

Bopage further suggested that Rajapaksa had directly intervened and issued instructions regarding abductions and disappearances during his tenure as Defence Secretary.

Rajapaksa firmly rejected the allegation.

"I reject that. I was not involved in any ground operation. My responsibility as Defence Secretary was to communicate government policies to the relevant institutions. I was not directly involved in field operations," he said.

When asked whether he was suggesting that security personnel had conducted operations involving abductions and disappearances, Rajapaksa replied: "What I am saying, Sir, is that I was not involved in any operation. I functioned as a civilian. I never gave instructions regarding such matters in any way. I did not have that authority."

Bopage subsequently established that Rajapaksa had also served as President between 2019 and 2022.

Asked whether, as Defence Secretary and later President, he had knowledge about abductions and disappearances in Sri Lanka, Rajapaksa responded: "Sir, those are allegations made for political gain. There is no truth in them. Such claims are made to damage the country's reputation and obtain political advantage."

Following the conclusion of the testimony, the court fixed November 27 for the continuation of evidence.

Commenting after the hearing, Attorney-at-Law Nuwan Bopage said Lalith and Kugan had become symbols of the wider issue of illegal abductions and disappearances that allegedly took place across both the North and South of the country.

"Lalith and Kugan symbolize the broader story of illegal abductions and disappearances that occurred across both the North and the South. Through that symbol, we want to send a message that no matter how many abductions or disappearances take place, people will continue fighting for justice. We also want to remind those in positions of power that they may ultimately have to come before a court and answer for those actions," Bopage said.