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Killing of 17 Aid Workers at Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August Muttur, Sri Lanka in Early August 2006 2006 Conduct of Forensic Examinations Conduct of Forensic Examinations and Findings : and Findings : Difference of opinion between the Difference of opinion between the Sri Lankan Government Analyst Sri Lankan Government Analyst (Ballistics Expert – Mr. W.D.G.S. (Ballistics Expert – Mr. W.D.G.S. Gunatilleke) and Gunatilleke) and Australian Forensic Pathologist Australian Forensic Pathologist (Dr. M.J. Dodd) (Dr. M.J. Dodd)

Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

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Page 1: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Killing of 17 Aid Workers at Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August Muttur, Sri Lanka in Early August

2006 2006

Conduct of Forensic Examinations Conduct of Forensic Examinations and Findings :and Findings :

Difference of opinion between the Difference of opinion between the Sri Lankan Government Analyst Sri Lankan Government Analyst (Ballistics Expert – Mr. W.D.G.S. (Ballistics Expert – Mr. W.D.G.S.

Gunatilleke) and Gunatilleke) and Australian Forensic Pathologist (Dr. Australian Forensic Pathologist (Dr.

M.J. Dodd)M.J. Dodd)

Page 2: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

History in Brief with regard to the History in Brief with regard to the Post-Mortem ExaminationsPost-Mortem Examinations

Post-Mortems in connection with the 17 bodies of Post-Mortems in connection with the 17 bodies of the Aid Workers commenced on the 8the Aid Workers commenced on the 8thth of August of August 2006 at 11am at the General Hospital, 2006 at 11am at the General Hospital, Trincomalee and were concluded that evening.Trincomalee and were concluded that evening.

These Post-Mortem examinations were conducted These Post-Mortem examinations were conducted by Dr. D.L. Waidyaratna, Consultant JMO. No by Dr. D.L. Waidyaratna, Consultant JMO. No projectiles were recovered on that occasion.projectiles were recovered on that occasion.

This is attributed to the lack of lack of X-Ray This is attributed to the lack of lack of X-Ray

facilities at the Trincomalee General Hospital.facilities at the Trincomalee General Hospital.

Page 3: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

History in Brief …..cont.History in Brief …..cont. On an initiative by the Government of Sri Lanka, the On an initiative by the Government of Sri Lanka, the

Australian Government agreed to provide technical Australian Government agreed to provide technical assistance with regards to further forensic examinations. assistance with regards to further forensic examinations. Based on MOU agreed to by the two governments, the Based on MOU agreed to by the two governments, the Australian Government made available the services of Australian Government made available the services of Forensic Pathologist Dr. M. Dodd to provide necessary Forensic Pathologist Dr. M. Dodd to provide necessary technical cooperation. technical cooperation.

It was decided by the Investigators to cause an exhumation It was decided by the Investigators to cause an exhumation of the bodies that had by that time been interred, and have of the bodies that had by that time been interred, and have a second set of post mortem examinations done. a second set of post mortem examinations done. Accordingly, 11 bodies were exhumed and post mortems Accordingly, 11 bodies were exhumed and post mortems were conducted by Dr. Waidyaratne, in the presence of Dr. were conducted by Dr. Waidyaratne, in the presence of Dr. Dodd. Dodd.

The Post-Mortem examinations of these 11 bodies were The Post-Mortem examinations of these 11 bodies were performed on 24th and 25th October 2006, by Dr. performed on 24th and 25th October 2006, by Dr. Waidyaratne at the Colombo Consultant JMO’s Office, with Waidyaratne at the Colombo Consultant JMO’s Office, with all necessary facilities including an X-Ray machine. all necessary facilities including an X-Ray machine.

Page 4: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Items Recovered from the bodies at the Post-Mortem Items Recovered from the bodies at the Post-Mortem

examinations on 24examinations on 24thth and 25 and 25thth, October 2006, October 2006 At the Post-Mortem examinations, foreign objects and fragments of At the Post-Mortem examinations, foreign objects and fragments of

metal had been noticed only in seven bodies. Those had been metal had been noticed only in seven bodies. Those had been removed, numbered and packed according to the order given below.removed, numbered and packed according to the order given below.

1) Yogaraja Kotheeswaran one object1) Yogaraja Kotheeswaran one object

2) Yogaraja Kotheeswaran three fragments2) Yogaraja Kotheeswaran three fragments

3) Vairamuththu Kokilawathani one fragment3) Vairamuththu Kokilawathani one fragment

4) Muththulingam Narmathan one object4) Muththulingam Narmathan one object

5) Sivapragasam Romila one fragment 5) Sivapragasam Romila one fragment

6) Sivapragasam Romila one object6) Sivapragasam Romila one object

7) Sivapragasam Romila one object7) Sivapragasam Romila one object

8) Ravichandra Rishikesan one object8) Ravichandra Rishikesan one object

9) Ganesh Kavitha one object9) Ganesh Kavitha one object

10)Thurairajah Pratheepan one object10)Thurairajah Pratheepan one object

Page 5: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Results of the examination of the Object marked Results of the examination of the Object marked as as Item (7)Item (7) recovered at the Post-Mortem of recovered at the Post-Mortem of

Sivapragasam RomilaSivapragasam Romila

According to According to Dr. Dodd (Dr. Dodd (Australian Forensic Pathologist), at p.44 Australian Forensic Pathologist), at p.44 of his Report of his Report ::

“ “ There is however a minimally deformed There is however a minimally deformed 5.56 calibre projectile5.56 calibre projectile within the cranium.”within the cranium.”

He observes further at p.44 He observes further at p.44 ::

“ “ Metallic fragment possibly representing Metallic fragment possibly representing tip of 5.56 calibre tip of 5.56 calibre projectileprojectile (cranium) (cranium) ” ”

The Sri Lankan Forensic Pathologist did not venture to express The Sri Lankan Forensic Pathologist did not venture to express his opinion regarding the identification of any of the projectiles, his opinion regarding the identification of any of the projectiles, as that was a matter for a Ballistics Expert. as that was a matter for a Ballistics Expert.

Page 6: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Results of Results of Item (7)Item (7) ……Cont. ……Cont.

Mr. W.D.G.S. Gunatilleke (Ballistics Expert), Mr. W.D.G.S. Gunatilleke (Ballistics Expert), Deputy Government Analyst/Head of Forensic Deputy Government Analyst/Head of Forensic Science Division in his Report dated 19-02-Science Division in his Report dated 19-02-2007 states:2007 states:

““The core of the bullet marked Item (7) is The core of the bullet marked Item (7) is similar similar by by weight, dimensions and shape weight, dimensions and shape to a core of a standard to a core of a standard bullet bullet of a cartridge ofof a cartridge of the the caliber of 7.62x39mmcaliber of 7.62x39mm.”.”

““In view of the size, shape and the nature of this object, In view of the size, shape and the nature of this object, it cannot be scientifically stated whether this fragment it cannot be scientifically stated whether this fragment is part of a bullet of either a 7.62mm or 5.56mm is part of a bullet of either a 7.62mm or 5.56mm caliber or a fragment of a bullet of some other caliber.”caliber or a fragment of a bullet of some other caliber.”

Page 7: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Comparison of results with the standard NORINCO Comparison of results with the standard NORINCO Ammunitions of the Caliber of Ammunitions of the Caliber of 7.62x39 mm and 5.56x45 mm.7.62x39 mm and 5.56x45 mm.

  Sample Object (No.7) Core of 7.62x39mm Bullet 5.56x45mm Bullet

       

Weight (g) 3.59 3.6 3.5

       

Length (mm) 20 20 19

       

Base Diameter (mm) 5.7 5.7 5.6

       

Shape Cylindrical Body Cylindrical Body Tapered to a fairly

  Tapered to a Flat Nose Tapered to a Flat Nose Pointed Tip

       

Shape of the Tip Flat Nose Flat Nose Fairly Pointed

       

Shape of the Base Flat Flat Hollow

       

Nature of the Material Hard Metal, Fairly Rusted in certain

Areas, Generally Smooth, Even Surface, Ferromagnetic

Hard Metal, Generally smooth,Even Surface, Ferromagentic

Copper Alloy Jacket, Non-Ferromagnetic

 

   

   

     

Page 8: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Images of a 7.62x39 mm Bullet and a Images of a 7.62x39 mm Bullet and a 5.56x45mm Bullet5.56x45mm Bullet

Page 9: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

Images…….contd.Images…….contd.

Page 10: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

CONCLUSIONSCONCLUSIONS When a bullet is discharged from a rifled bore When a bullet is discharged from a rifled bore

weapon, the outer surface of the bullet is weapon, the outer surface of the bullet is engraved by the lands and grooves of the barrel. engraved by the lands and grooves of the barrel.

The chart clearly confirms that The chart clearly confirms that Item 7Item 7 is is not a not a complete bulletcomplete bullet which had been discharged which had been discharged from a rifled bore weapon. from a rifled bore weapon.

Furthermore, hard metal such as steel is not used Furthermore, hard metal such as steel is not used in a bullet without a soft metal jacket for rifled in a bullet without a soft metal jacket for rifled bore arms as it damages the rifling (Lands and bore arms as it damages the rifling (Lands and Grooves) in the barrel when it is driven through Grooves) in the barrel when it is driven through the bore.the bore.

Page 11: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

CONCLUSIONS…..cont.CONCLUSIONS…..cont.

The phenomenon of separation of the core of the bullet The phenomenon of separation of the core of the bullet from the outer jacket is not something abnormal.from the outer jacket is not something abnormal.

This has been observed in a number of cases of This has been observed in a number of cases of shooting especially when the shots of the caliber of shooting especially when the shots of the caliber of 7.62x39mm had been fired through hard surfaces such 7.62x39mm had been fired through hard surfaces such as the body of a vehicle.as the body of a vehicle.

In view of the results of the comparison and all the In view of the results of the comparison and all the facts mentioned above it is confirmed that the object facts mentioned above it is confirmed that the object which had been recovered from the body of which had been recovered from the body of Sivapragasam Romila marked as itemSivapragasam Romila marked as item No. (7)No. (7) is is a core a core of a bulletof a bullet. .

Page 12: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

CONCLUSIONS…..cont.CONCLUSIONS…..cont.

Item 7 is similar by weight, nature of the material, Item 7 is similar by weight, nature of the material, dimensions and shape to a core of a standard bullet of dimensions and shape to a core of a standard bullet of a Norinco cartridge of the caliber of 7.62x39mm. a Norinco cartridge of the caliber of 7.62x39mm.

Therefore, it is not a complete bullet of a cartridge of Therefore, it is not a complete bullet of a cartridge of the caliber of 5.56x45mm. the caliber of 5.56x45mm.

The Further Report prepared by Mr. Gunatilleke clearly The Further Report prepared by Mr. Gunatilleke clearly indicates that the productions had not been tampered indicates that the productions had not been tampered with after they were sealed by Dr. Waidyaratne (in the with after they were sealed by Dr. Waidyaratne (in the presence of Dr. Dodd) and sent to the Government presence of Dr. Dodd) and sent to the Government Analyst through the Magistrates Court. Analyst through the Magistrates Court.

Page 13: Killing of 17 Aid Workers at Muttur, Sri Lanka in Early August 2006 Conduct of Forensic Examinations and Findings : Difference of opinion between the Sri

The Government of Sri Lanka greatly appreciates the assistance The Government of Sri Lanka greatly appreciates the assistance provided by the Australian Government and thanks Dr. M. Dodd provided by the Australian Government and thanks Dr. M. Dodd

for his services. for his services.

The GoSL has received a request from the Australian The GoSL has received a request from the Australian Government to make available certain imagery taken of the Government to make available certain imagery taken of the projectiles on the occasion of their recovery at the 2projectiles on the occasion of their recovery at the 2ndnd Post Post Mortems. The GoSL will immediately make available to the Mortems. The GoSL will immediately make available to the

Australian Government the required material. Australian Government the required material.

Similarly, the GoSL has requested the Australian Government to Similarly, the GoSL has requested the Australian Government to make available photographs taken by Dr. Dodd. make available photographs taken by Dr. Dodd.

It is believed that, a comparison of these photographs would It is believed that, a comparison of these photographs would enable the two experts to reconcile their opinion regarding the enable the two experts to reconcile their opinion regarding the

disputed projectile.disputed projectile.