{"id":115930,"date":"2021-07-10T14:29:03","date_gmt":"2021-07-10T21:29:03","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=115930"},"modified":"2021-07-10T14:30:38","modified_gmt":"2021-07-10T21:30:38","slug":"wrong-verdict-rectified-parrt-iv","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/07\/10\/wrong-verdict-rectified-parrt-iv\/","title":{"rendered":"Wrong verdict rectified – Parrt IV"},"content":{"rendered":"

By : A.A.M.NIZAM – ,MATARA<\/strong><\/em><\/span><\/h2>\n\n\n

UNP demands an explanation from the President.<\/strong><\/p>\n\n\n\n

The United National Party (UNP) which made the judicial system Court system a mockery during its 4 \u00bd years rule from January 8th<\/sup> 2015 and caused the people to lose all trust and confidence in the verdicts of court cases and inhibited the people going for litigations called on the President to explain the decision to pardon the former MP Duminda Silva, who had been convicted of murder and sentenced to death in 2016 along with two others over the murder of former Parliamentarian Bharatha Lakshman Premachandra in 2011. <\/p>\n\n\n\n

Issuing a press release, the pratfallen UNP having only 2% of popularity in the country urged the President not to overrule the Judiciary through the unbridled use of the Presidential pardon\u201d, pointing out that the former MP was convicted for great public interest the press release itself implying that it was a manipulated conviction. It said that The President must explain his decision to include the former Parliamentarian in his list of Presidential pardons issued and stressed that the public has a right to know why the President chose to issue this particular pardon.

It asked What were the criteria used in determining those who were eligible for the Presidential pardon?\u201d <\/p>\n\n\n\n

Hilariously, and thinking that the people of this country have forgotten all their misdeeds, perhaps using the slain Prabhakaran\u2019s criteria that Sinhalese have short memories and they will forget anything in one week, the press release stated that the UNP remains committed to the continued independence of the Judiciary in the country.<\/p>\n\n\n\n

Presidential pardon for Duminda Silva grave threat to\ndemocratic rule, judicial independence: SJB <\/strong><\/p>\n\n\n\n

While the imbecile, visionless and nincompoop leader of the shameless jabbering Bandits (SJB) Sajith Premadasa remained tongue-tight about the pardoning of Duminda Silva, the group\u2019s General Secretary Ranjith Madduna Bandara has called on the President to stop abusing powers vested in him and withdraw the order. He has said that the Presidential pardon had challenged the independence of the rule of law and democratic governance.<\/p>\n\n\n\n

MP Ranjith Maddumabandara issuing a statement has questioned whether due process was followed when granting a special Presidential pardon to Silva who was on death row.\u00a0<\/p>\n\n\n\n

The SJB condemned the abuse of power with disgust,\u201d the statement said.\u00a0

It seems that the President is in the view that he is the Government. His conduct makes it clear that he is in the view that Parliament and Judiciary should function according to his whims and fancies. This is a grave threat to democratic rule in a country,\u201d the statement has stated.<\/p>\n\n\n\n

\u00a0Madduma Bandara has called on the President not to further abuse the powers vested in him, whilst cautioning that the controversial decision will set only dangerous precedence that will damage the country. We therefore insist that the President should withdraw this order and protect rule of law and its independence as well as the respect of judges of the courts,\u201d the SJB has urged. <\/p>\n\n\n\n

This staunch\npartner of the Born Again\u201d who was a prominent member of J.R. and Premadasa\ngovernments seems to be suffering from acute amnesia and has forgotten\nJ.R.Jayawardene\u2019s pardoning of the rapist Gonawala Sunil Sunil and the\nsubsequent reward given to him as an all island JP, and Premadasa\u2019s\npardoning  of Manohari Daniels,\nwho was convicted of aiding and abetting the LTTE to carry out a bomb attack\nopposite Zahira College, Maradana in 1987 that killed forty innocent persons.\nDaniels was pardoned at a time when the Premadasa government was having \u2018peace\ntalks\u2019 with the LTTE, as a gesture of goodwill in what was a bid to ensure the\ntalks succeeded<\/p>\n\n\n\n


\nSuch a reversal of a punishment order determined by a High Court Trial-at-Bar\nalso confirmed by a five-judge Bench of the Supreme Court including the Chief\nJustice, in such a manner by applying the power of the Executive poses a\nquestion about the good governance in the country,\u201d the statement of this\nnirvanic pipe dreamer said. 
\n
\n
\nThis nirvanic pipe dreamer alleged that there was an organized approach to\nspring the political confidant from death row.<\/p>\n\n\n\n


\nMeanwhile, the notorious former Justice Minister Tal.ata Atukorale of the\ndestructive Sirisena\/Ranil government who\u2019 was a gobbledegook and who messed up\nmatters in that government and held clandestine meetings with Rajitha and\nChampika to plan on joint opposition members to be taken into custody by\nRanil\u2019s Gestapo, FCID, has said that it was clear that collecting signatures of\nthe Members of Parliament requesting a pardon for Duminda Silva was an act of\nclearing ground for this blatant decision.\u201d <\/p>\n\n\n\n

She may have been\non a stupor when 115 MPs including several SJB MPs signed this appeal. <\/p>\n\n\n\n


\nShe has said it was up to those remaining professional Police officers and\ncivil servants to remember that Sri Lanka was not a monarchy, to ignore\ncoercion by the Executive and to place the lives of these upstanding judges and\nPolice officers before whatever threats or inducements may be offered to them\nfor looking the other way.<\/p>\n\n\n\n

A report published\nby Ceylon Today on 19th<\/sup> January \n2020 said the Duminda was convicted on circumstantial evidence and the\ndriver\u2019s affidavit reveals all. <\/p>\n\n\n\n

The report said\nthat the exposure of the Ranjan Ramanayake voice recordings has thrown a cloud\nover the judiciary and people have started to question the veracity of their\njudgments. The confidence instilled in the judiciary by the trusting public was\nshattered and caused massive damage to the respect and confidence directed to\nsuch bodies that have been appointed to implement and maintain law and order in\nthe country.<\/p>\n\n\n\n


\nThe Duminda Silva case was one that drew the highest attention in the past five\nyears. Duminda Silva was condemned to death for the murder of Bharatha Lakshman\nPremachandra.<\/p>\n\n\n\n


\nShani Abesekara dialogue<\/strong><\/p>\n\n\n\n

Featured on the\nRamanayake tapes was a telephone call between one of the three Judges on the\npanel that delivered the verdict over Duminda, which aroused the suspicion and\ncemented arguments that everything about the verdict was not above board.<\/p>\n\n\n\n


\nThe recordings of the Director of the CID, Senior Superintendent of Police\nShani Abesekara who led the investigations over the case gave a clear\nindication that there was something fishy on how the investigations had been\nconducted.<\/p>\n\n\n\n


\nThe Colombo Crime Division (CCD) raided the official residence of MP Ranjan\nRamanayake and took the devices that had been instrumental in saving the\nrecordings of about 121,000 secret telephone conversations between Ranjan\nRamanayake and many others. The recordings have been directed to the Government\nAnalyst to verify the voices of the callers.<\/p>\n\n\n\n


\nThe contentious telephone conversation between the Judge, with Ramanayake\nborders on a promotion for the Judge. This happens to be the Judge who was on\nthe panel that delivered the verdict and passed the death sentence on Duminda.<\/p>\n\n\n\n


\nJudge Shiran Gunarathna acquitted\nall 13 accused<\/strong><\/p>\n\n\n\n

What is curious\nabout the Duminda case is that the most senior and experienced Judge of the\nthree-member bench, High Court Judge Shiran Gunarathna had written in detail a\nseparate judgment and acquitted all 13 accused from all 17 charges of the\nindictment on the basis that no charge had been proven beyond suspicion by the\nprosecution. However, High Court Judge Padmini N. Ranawaka Gunathilaka\ndelivered a separate judgment and found all accused guilty of the crime and\nsentenced them to death.<\/p>\n\n\n\n


\nPadmini Ranawaka<\/strong><\/p>\n\n\n\n

Now what is\namusing is that Padmini Ranawaka has also been caught on tape lasciviously\nconversing with Ramanayake during which she doesn’t hesitate to say that she\nhad completed several cases including the case of Duminda Silva and seeks the\nMP’s support to get a promotion as a Judge of the Appellate Court. In another\ntelephone call Padmini refers to how Ramanayake influenced the Judge.<\/p>\n\n\n\n


\nAbesekara assures Ramanayake in the taped conversation between them prior to\nthe passing of the final judgment in the Duminda case that Duminda Silva would\nbe found guilty and sentenced.<\/p>\n\n\n\n


\nExcerpts:<\/strong>
\nAbesekara<\/strong>: Sir, I\nwill worship you, please don’t open your mouth regarding the verdict of the\ncase. Otherwise, it will be a big problem. Now the case is at a very good\nstage.<\/p>\n\n\n\n

Ramanayake<\/strong>:\nReally?<\/p>\n\n\n\n

Abesekara<\/strong>: Your\ncall to the Madam can backfire. Anyway, we shall balance it. Please don’t tell\nwhat you know, Sir.<\/p>\n\n\n\n

Ramanayake<\/strong>:\nAlright! Is the case alright now.<\/p>\n\n\n\n

Abesekara<\/strong>: Yes.\nBut please don’t call Ranawaka Madam again. It will be a big problem for all of\nus.<\/p>\n\n\n\n

Ramanayake<\/strong>: Is\nthere anyone else with you?<\/p>\n\n\n\n

Abesekara<\/strong>: No.<\/p>\n\n\n\n

Ramanayake<\/strong>: I\ncalled and told, ‘Madam, I am not influencing. The entire country is looking at\nthe judgment related to Duminda Silva on 9th’.<\/p>\n\n\n\n

Then she asked,\n‘Yes Ranjan, what is it?’ I then told, ‘Madam, the entire country knows about\nthis daylight murder. You are one of the greatest Judges whom I know.’<\/p>\n\n\n\n

She then hung up\nsaying, ‘People are coming and I will call you later.’<\/p>\n\n\n\n

Abesekara<\/strong>:\nAlright, but if you call again those two will also agree to the verdict of the\nother one. Sir, I will wash your pots and pans at home for six months. <\/p>\n\n\n\n

Please don’t\nreveal a single word about this. All of us will be hanged if you do so.<\/p>\n\n\n\n


\nThe case was examined during the period of 12 October, 2011 to 14 July, 2016\nand the judgment was scheduled to be delivered on  8 September, 2016.<\/p>\n\n\n\n


\nPadmini Ranawaka verdict<\/strong><\/p>\n\n\n\n

On the morning of\nthat day, justice Padmini Ranawaka read the most important part of her verdict\nand stated that the 1st accused Anura Thushara de Mel, 3rd accused Chaminda\nRavi Jayanath, 7th accused Sarath, 10th accused Janaka Bandara Galagoda and\n11th accused Duminda Silva has been proved guilty. She sentenced all five of\nthem to be executed by hanging until death on a date decided by the President.<\/strong><\/p>\n\n\n\n


\nMeanwhile, the Chairman of the panel, Justice Shiran Gunarathna ruled all 13\naccused would be acquitted from all 17 indictments against them by the Attorney\nGeneral. He acquitted all of them. However, Justice M.C.B. Morayes endorsed\nJustice Ranawaka’s verdict and thus her verdict was enforced.<\/p>\n\n\n\n


\nThe counsels who appeared on behalf of Duminda Silva stated in Court that they\nwould not admit the verdict on the grounds that it was based on the evidence\nproduced in the Court and said they would appeal against the verdict in a\nHigher Court.<\/p>\n\n\n\n


\nA five-member panel of Supreme Court Judges including Chief Justice Priyasad\nDep, Buwaneka Aluvihare, Priyantha Jayawardana, Nalin Perera and Vijith K.\nMalalgoda considered the appeal.<\/p>\n\n\n\n


\nThe preliminary objection and the demand by Deputy Solicitor General Thusith\nMudalige to reject the appeal without being considered was dismissed. After\nfour days of preliminary proceedings, the appeal was heard for 14 days from\nmorning to evening.<\/p>\n\n\n\n


\nDeputy Solicitor General Thusith\nMudalige admission<\/strong><\/p>\n\n\n\n


\nPresident’s Counsels Anil Silva, Anuja Premarathna and Anura Meddegoda\nappearing for the accused inquired about the stand of the Deputy Solicitor\nGeneral Thusith Mudalige of the Attorney General’s Department and the latter\nadmitted the following facts.<\/p>\n\n\n\n


\n1. On 8 October 2011, while the local government election was underway, the\nvehicles belonged to Duminda Silva and Bharatha Lakshman Premachandra, both of\nthem engaged in election activities met at Himutana by chance. Both of them\nclimbed down the vehicles and engaged in a heated argument. Duminda Silva kept\nhis hand on Bharatha Lakshman’s neck and pushed him. Then, as he was returning\nto his vehicle, Bharatha’s bodyguard Gamini shot at Duminda’s head two times.<\/p>\n\n\n\n


\n2. Duminda Silva fell down unconscious and his bodyguards took him to the\nvehicle and drove to the hospital.<\/p>\n\n\n\n


\n3. After he was taken away, an exchange of firing took place. No other shooting\nsans the shot fired on him occurred by the time he was there.<\/p>\n\n\n\n


\n4. Out of the 126 witnesses produced from the defence and the prosecution, no\nevidence sans Bharatha Lakshman Premachandra’s daughter Hirunika’s and others\nloyal to Premachandra’s family said that Bharatha Lakshman Premachandra was\nshot before Duminda Silva was shot.<\/p>\n\n\n\n

5. No shooting\ncould take place other than the heated argument unless Bharatha Lakshman’s\nbodyguard Gamini fired his gun.<\/p>\n\n\n\n

6. Thus, an\nordinary incident that could end as a heated argument ultimately developed into\nan attempt of murder by Premachandra’s party by shooting at Duminda Silva’s\nhead and ended as a serious crime of multi murders.<\/p>\n\n\n\n

7. Bharatha\nLakshman’s party first shot for the first time.<\/p>\n\n\n\n

8. Duminda Silva\nwas the first victim of the firing.<\/p>\n\n\n\n

9. Duminda Silva\nwas unconscious and taken away from the scene like a dead body.<\/p>\n\n\n\n

10. Duminda Silva\ndid not hold a firearm.<\/p>\n\n\n\n

11. Duminda Silva\ndid not commit the act of firing a firearm.<\/p>\n\n\n\n

12. Duminda Silva\nwas unconscious after sustaining injuries in his head due to the shooting that\ntook place targeting the rear of his head no sooner he turned his back after\nthe argument with Bharatha Lakshman and he was not responsible for any of the\nincidents that took place after that because he was unconscious.<\/p>\n\n\n\n

13. None of the\nwitnesses of the prosecution among the 126 witnesses said that Duminda Silva\nhad attempted to murder Bharatha Lakshman Premachandra, or tried to harm or\nthreatened him.<\/p>\n\n\n\n

14. The only\nwitness, who said that Bharatha was shot before Duminda Silva was shot, was the\n27th witness Sanjiva Prasad who lives for a long time in the same house as\nBharatha Lakshman Premachandra and is a very close friend of his and the\nfamily. He has received a lot of assistance from Premachandra’s family.<\/p>\n\n\n\n

15. Sanjiva Prasad\nwas a close associate of Bharatha Lakshman Premachandra and accompanied him\neverywhere. He however, did not make a statement in the magisterial inquiry or\nthe Police investigation until six days after the incident had happened.<\/p>\n\n\n\n

16. Six days after\nthe incident a Police officer came to Hirunika Premachandra’s house, after she\nhad made a request and recorded the statement from Sanjiva Prasad.<\/p>\n\n\n\n


\nDefence points 62 omissions<\/strong><\/p>\n\n\n\n


\nThe Defence Counsels pointed out 62 omissions and contradictions in the verdict\nof Justice Padmini Ranawaka before the five-member bench of the Supreme Court.<\/p>\n\n\n\n


\nThe defence questioned on what grounds the Judge had accepted the 27th\nwitnesses’ evidence as reliable in the context that he had made three\ncontradictory statements on three separate occasions.<\/p>\n\n\n\n


\nThe President’s Counsels Anuja Premarathna and Anura Meddegoda further\nquestioned the way the Judge had accepted the evidence of the 12th witness as\nreliable without granting the benefit of the doubt to the defence in the\ncontext that the witness himself had stated that he was influenced by the\nDirector of CID Shani Abesekara to become a witness of the prosecution. The\nwitness further said that the facts mentioned by Police about arresting him\nwere totally false.<\/p>\n\n\n\n


\nPresident’s Counsel Anuja Premarathna stated in Supreme Court that he had read\nthe verdict 100 times to understand the basis of verbal or written evidence,\ncircumstantial evidence or scientific evidence on which the Judge based her\njudgment and he would like to emphasise that he was unable to find any such\nbasis.<\/p>\n\n\n\n


\nWe include a translation of the affidavit produced by Liyanage Saman Shantha Perera,\nthe driver of Bharatha Lakshman Premachandra, an eyewitness who can be believed\nas the most reliable evidence produced before the Court.<\/p>\n\n\n\n


\nQuote from the driver’s affidavit<\/strong><\/p>\n\n\n\n


\nI, Liyanage Saman Shantha Perera of No. 444, Himbutana Lane, Himbutana, Mulleriyawa\nstate truly, honestly and respectfully as a Buddhist that,<\/p>\n\n\n\n


\nI am the deponent of this statement.<\/p>\n\n\n\n


\nI joined as the driver of Bharatha Lakshman Premachandra in 1999. From 1999 to\n2004, I worked attached to the Ministry of Parliamentary Affairs. After that, I\nwas attached to the Road Development Authority. After that, I was attached to\nthe Prime Minister’s Office first and then to the President’s Office. I worked\nas Premachandra’s driver until 08-10-2011.<\/p>\n\n\n\n


\nDuring this time, I was very close to Premachandra and his family.<\/p>\n\n\n\n


\nOn 08-10-2011, I reported to work as usual and drove the vehicle numbered as KL\n4219. We arrived in Angoda area for the lunch and a Land Cruiser vehicle and a\ncar followed us in our fleet. Premachandra’s friend Mohammed Naushad travelled\nin that car.<\/p>\n\n\n\n


\nWhile driving, I received a call on my mobile phone and I gave it to\nPremachandra to answer. The caller was the Chairman of the\nKotikawatta-Mulleriyawa Pradeshiya Sabha Prasanna Gunasinghe Solangaarachchi.\nAfter taking the call, Bharatha Lakshman got very angry. He said he would like\nto kill Duminda Silva and asked me to drive to Himbutana junction.<\/p>\n\n\n\n


\nNear the library next to Himbutana Lane, a fleet of vehicles arrived in from\nopposite the Angoda side. Premachandra asked me to stop the vehicle and got\ndown from the vehicle taking the revolver hidden under the carpet of the\nvehicle. Duminda Silva also got down from his vehicle and a large number of\npeople who were in the vehicles in the fleet also got down.<\/p>\n\n\n\n


\nThe two officials of the Ministerial Security Division (MSD) who were with\nPremachandra also got down with their firearms, there were people there whose\nnames I was not aware of.<\/p>\n\n\n\n


\nI also got down from the vehicle and stayed near it. As Premachandra walked\nahead, I heard him and Duminda Silva exchanging filthy words and\nquarrelling. <\/p>\n\n\n\n

Damitha\nJayathilaka grabbed the MSD officer Sergeant Gamini’s revolver and fired at\nDuminda. I saw Duminda being shot and falling. Then, Premachandra ran towards\nthe vehicle he came travelling in. I heard more rounds of firing and lowered\nmyself covering myself with the door of the vehicle. After Duminda was shot, I\ndid not see who fired and who was shot. I saw Duminda Silva fall first.<\/p>\n\n\n\n


\nMSD officer Priyantha took Premachandra to our vehicle. I saw Premachandra was\nbleeding on one side of his head. I saw that MSD officer Gamini and Damitha who\ncame in our vehicle and the driver of the rear vehicle Hashim had been shot.<\/p>\n\n\n\n


\nAlong with the others, we admitted Premachandra to the IDH hospital. <\/p>\n\n\n\n

Premachandra was\nimmediately transferred to the National Hospital and I heard that he had\nsuccumbed to injuries.<\/p>\n\n\n\n


\nInitially I said that Duminda fired first and asked others also to fire. But I\nstate now that the incident took place in a different way. I made such a\nstatement because of the continuous pressure put on me to say that I saw\nDuminda Silva had fired first and I was also very closely connected to them.<\/p>\n\n\n\n


\nThey recorded various statements from me and asked me to sign them. Some were\nvideo recorded. I now understand that they were trying to cover the truth and\nmanipulate them for inapt benefits.<\/p>\n\n\n\n


\nTherefore, I make this statement to tell the truth with honest purposes. I\nfurther state that I make this statement without any influence, threat or\npromise for benefits.<\/p>\n\n\n\n


\nI have instructed that this statement be given to a counsel appearing for\nDuminda Silva incase any party commits any harm to my life.<\/p>\n\n\n\n


\nThis affidavit was written by Liyanage Samanhantha Perera on 5 September, 2012.<\/p>\n\n\n\n


\nAnother Ramanayake secret voice recording of a telephone discussion reported in\nthe Media divulges that two powerful Ministers threatened Chief Justice\nPriyasad Dep to deliver a unanimous verdict of the five-member panel of Judges\nof the Supreme Court. The report further said that a strongman of the past regime\nhad assigned three Ministers for this task. However, one Minister backed out\nand the other two proceeded accordingly.<\/p>\n\n\n\n


\nThe Ramanayake tapes have exposed 14 more Judges in addition to Padmini\nRanawaka. In this backdrop, the death penalty imposed on Duminda Silva has now\nbeen subjected not only to suspicion but also to questioning whether it is a\nlow-standard judiciary process or an actual political manipulation.<\/p>\n\n\n\n

To be\ncontinued\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

By : A.A.M.NIZAM – ,MATARA UNP demands an explanation from the President. The United National Party (UNP) which made the judicial system Court system a mockery during its 4 \u00bd years rule from January 8th 2015 and caused the people to lose all trust and confidence in the verdicts of court cases and inhibited the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"class_list":["post-115930","post","type-post","status-publish","format-standard","hentry","category-aamnizam"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/115930","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=115930"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/115930\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=115930"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=115930"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=115930"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}