Death affirmed Duminda and two others

1st Accused Acquitted of all charges

Family, lawyers and Journos present left with no clarity in judgement

  

By Hafeel Farisz

In what was one of the most looked forward to Judgments in recent times, a five-judge bench of the Supreme Court headed by Chief Justice Priyasath Depp unanimously affirmed the death sentence imposed on Duminda Silva and two others whilst acquitting the first accused of all charges.

The Five Judge bench walked into room 502 at 2.48 PM, after which portions of the judgment were read out to a packed court house. The Appellants and their families, journalists and lawyers present were left making guesswork following the reading of the judgment having to untangle the nuances of it. The Lawyers of the Accused also remained committal only towards the essence of the judgment which affirmed the death sentence on the trio and the acquittal of the 1st Accused Police Constable Thushara De Mel.  However, in the judgment read out by the Chief Justice in what could be his final judgment before he retires, the 4 accused were acquitted of the charge of Joint Possession of Firearms and another charge.  The Judgment in full was not provided to those present. 

Justice Depp in arriving at the conclusion held that the Supreme Court justices believed the evidence of the 3 prosecution witness. They held that the most pertinent question before the court was the question of Unlawful Assembly an offence found in section 146 of the Penal Code for which they found the trio guilty of. " They prosecution proved the element of Unlawful Assembly beyond reasonable doubt" Justice Depp said.

Following the reading of the Judgment the Justices made their way to the Chambers a few minutes before 3 PM , resulting in families of the Appellants making their way to the Defense Lawyers to seek clarity. The team of Defense Counsel which included Presidents Counsels Anil Silva, Anura Meddegoda Shavindra Fernando, Shanaka Ranasinghe, and Anuja Premarathne informed the Appellants of the affirmation of the death sentence but were left with little choice in providing the nuances of judgment. The wife of Chaminda Ravi Jayanath alias ‘Dematagoda Chaminda began wailing as soon as she heard of the affirmation within the court house itself.

Deputy Solicitor General Thusith Mudalige who prosecuted at the Trial at Bar led the Attorney Generals team during the Appeal. 

The Colombo High Court, on September 8 2016,  sentenced to death four persons, including former MP Duminda Silva, for the murder of Baratha Lakshman on October 8, 2011, in a shoot-out in Mulleriyava.

 The accused were charged on 17 counts including committing and conspiring to commit murder of four individuals, inflicting gunshot injuries, unlawful assembly and criminal intimidation. The accused had been charged under Sections 296, 140, 146, 147, 486 and 300 of the Penal Code. They were further charged under the Offences of Firearms Act.

TThe Supreme Court reserved Judgment on  July 25th having heard arguments from the Appellants and the Respondent- Attorney General. Both parties filed written submissions thereafter following which the Judgment was delivered yesterday.