'Duminda led gang involved in violence that day'
The shooting incident leading to the murder of Bharatha Lakshman Premachandra and three others was sparked off due to the actions of former MP Duminda Silva who gave leadership to the group involved in violence on the day of the provincial council elections, the judgment sentencing five persons to death over the incident, said.
High Court Judges Padmini Ranawaka and M.C.B.S. Moraes in their judgment said that on the day of the local elections Duminda Silva led a group of other suspects, creating disturbances throughout the day before the shooting incident took place.
The judgment noted that, according to evidence, Duminda Silva was a strong rival of Mr. Premachandra.
It was revealed that the weapon with which Mr. Premachandra and his body guards were killed was a T56 weapon which had gone missing during the clashes between Government security forces and the Liberation Tigers of Tamil Eelam, while Duminda Silva and three others were injured by shots fired from a weapon by a security guard of Mr. Premachandra.
At the outset of the High Court trial eight suspects were discharged and the death penalty imposed on five others in this case heard in the High Court of Colombo. The convicted suspects included the former Parliamentarian Duminda Silva. The three member panel of the High Court pronounced the sentence in a 297-page judgment.
The sentence included 24 ½ years imprisonment with hard labour and a fine of Rs. 40,000 each. The prosecution has established charges against the suspects beyond reasonable doubt, declared High Court Judges Padmini Ranawaka and M.C.B.S.Moraes to impose with majority con- sent the death penalty on five suspects with imprisonment.
Shiran Guneratne, President of the three judge bench held the view that the prosecution had not established guilt on the charges beyond reasonable doubt and discharged all the suspects against all the charges in the case.
However the suspects including the first suspect, Vithanage Anura Thushara de Mel, third suspect, Sirinayake Pathiranage Chaminda Ravi alias Dematagoda Chaminda , Kovilegedara Dissanayake Mudiyanselage Sarath Bandara and the absconder Dissanayake Mudiyanselage Priyantha Janaka Bandara Galagoda and former Parliamentarian Arumadura Lawrence Romelo Duminda Silva were sentenced to death and rigorous imprisonment with a fine on different counts by a majority verdict of the High Court.
The suspects who were discharged in this case were Chandana Jagath Kumara, Lanka Rasanjana, Malaka
Vidanagamage Amila, Suranga Premalal, Chaminda Saman Kumara Abeywickrema, Rohana Marasinghe and Nagoda Liyanarachchi Shaminda.
The incident took place on October 8, 2011 at Angoda, in which Mr. Premachandra, J.M.Aseem, M.Kumaraswamy, and D.Darshana Jayatilleke had been killed while an attempt was made to kill Rajpurage D. Dharshana Jayatilleka.
The recording of evidence commenced from October 12, 2015, and evidence had been examined for 52 days in this case while 42 persons had given evidence with 86 productions and 126 documents.
Three officers from the Dept. of Immigration and Emigration had given evidence for the 3rd suspect and the father of Duminda Silva gave evidence and the suspects gave evidence separately while in the dock.
The panel of Judges visited the crime scene at the request of the prosecution after recording evidence followed by the presentations by the Deputy Solicitor General and respective lawyers appearing the suspects. The verdict of the High Court was pronounced on 8th September after hearing the case for nearly one and half years.
The High Court premises was heavily guarded yesterday with a special police task force and Army bomb disposal unit conducting a special security operation. Dematagoda Chaminda and Sarath Bandara were escorted by the Prison guards while Duminda Silva ex - Parliamentarian and other suspects were present early in the morning. Duminda Silva accompanied by his family members arrived around 9.50 a.m. Although the widow of Late Bharathalaxman was present early the daughter Hirunika Premachandra arrived a few minutes before the commencement of the Court sittings.
The Court also held that although Duninda Silva had been under the influence of liquor there is no proof that the deceased Mr Premachandra had been under the influence of liquor.
It proves that this crime had been led by Duminda Silva with his knowledge and instructions to the fellow suspects.The Court said that the prosecution had not fully established charges against eight suspects and discharged them accordingly, the judgment said.
In this case the first suspect is a Police Officer and other suspects have taken a high hand of the Politician and have acted in breach of the law, it said.
High Court judge Guneratne in a separate order maintained that there are doubts in the investigation process that benefit the suspects. He emphasised that the proof beyond reasonable doubt theory in murder cases.He gave the benefit of doubt to the accused.