Royal Park murderer: Can Sirisena set him free?
It is becoming increasingly clear that President Sirisena’s morbid interest in judicial murder by way of hanging has perhaps led him to believe that those on death row are his to hang or spare depending on his mood swings.
Like a farmer viewing his chicken run and wondering which unfortunate bird should be throttled to adorn his lunch and table and satiate his appetite, the President has taken to the habit of expressing his need to hang someone anyone in prison’s condemned row.
Though the Constitution allows him to do what practice discourages him, Sirisena’s frustration must also stem from the fact that ever since he declared that he has no qualms like his predecessors have had in implementing the death penalty after a 42-year moratorium and finds that he has been thwarted at every turn in sending a death row inmate to kingdom come.
Now with time running out for him, he renewed his vow this week on Monday to hang somebody before he hangs his hat and leaves Presidential office. Addressing the third conference of the Model United Nations, the President referred to a temporary injunction granted against the execution of four people earmarked for execution by the President. This hearing is to be taken up on October 29.
He said, “There are cases filed against me for my decision to hang them but if the Court gives a favourable decision, I will hang at least one before I go.”
That was on Sunday. At the same event he suddenly changes track and undergoes a personality change. From the mean figure of one drooling for the neck of one who had been found guilty on a drug related charge, he turns to a figure of forgiveness personified and pleads to spare the life of one in his death row nursery.
Now unlike the farmer he was a few moments before who watched his chicken coup and wondered which one to slaughter, he assumes the countenance of a saint and in charitable godly mood begs to set one free.
He refers to the Royal Park murderer, Shramantha Jude Anthony Jayamaha, and says a request has been made by his family seeking a Presidential pardon. While highlighting the importance of the youth practising tolerance and patience, President Sirisena states, “No one knows what will happen if there is no patience. I hope you remember an incident involving two youths at the Royal Park housing complex several years ago. That boy was 19 years old. He had an argument with the girl and the girl ended up being killed. Today, that boy has done a doctorate as well and I believe he is 32 years old now. The party of the child who is in prison over the Royal Park incident has requested me to release him under a presidential pardon. I am contemplating on this because he has served his term on good behaviour. He went to prison at the age of 19 over an incident of impatience.”
Now for a brief recap on the case. Shramantha Jayamaha receives an invite to attend a party to be held at the Glow night club on June 30, 2005 and invites his girlfriend Caroline to accompany him to the party. Caroline asks him whether her sister, Yvonne too can come with them. He immediately agrees. The two sisters arrive at his place on Bagatale Road in their father’s vehicle at around 8.30 pm. All three spend the night, night club crawling, hopping from one spot to the other. Caroline and Shramantha finally decide to call it a night and head back to Caroline’s apartment at Royal Park, whilst Yvonne stays at the club for a little longer. The couple arrive at Royal Park where both sisters lived with their parents. The time is 2.00 am. They proceed to Caroline’s bedroom where Caroline goes for a shower and Shramantha goes to the balcony to smoke a cigarette. Then some 20 minutes later, Shramantha leaves after telling Caroline “I love you forever”. The following day, Yvonne Johnson’s body is discovered on the staircase on the 19th floor.
During the Court trial, the prosecution leads evidence to show that on the request of Shramantha, his friend Rilvan came to Royal Park at 3.25 am in a cab to pick Shramantha up and left the premises at 3.30 am. The prosecution also leads evidence to show that Yvonne was found in a pool of blood, her jeans had been used to strangulate her, her face had been battered beyond recognition.
At the High Court, the judge finds Shramantha guilty of culpable homicide not amounting to murder and sentences him to a term of 12 years. Shramantha and his family are not too happy with the verdict and appeals.
The Counsel from the Attorney General’s Department is the present Chief Justice today, Jayantha Jayasuriya. He appeals to the Court that the sentence did not fit the crime and calls for a more stringent sentence. The Appeal Court Judge who delivers the judgment of the Court is Justice Nalin Perera, later to become a Chief Justice of the Supreme Court, who delivered the judgment in last year’s Constitutional case where the President was found to have violated it by dissolving Parliament before its due date. Justice Nalin Perera does not increase it to life imprisonment but imposes the death penalty. As a consequence of further appeal lodged by Shramantha Jayamaha, the Supreme Court affirms the sentence of death imposed on him. Case closed.
Now the question is whether the President, who is restrained by the temporary injunction granted by the Supreme Court from signing the death warrant and executing a prisoner condemned to death by the Judiciary, can pardon a death row inmate on mere whim and fancy or because his bleeding heart bid him so perform an act of mercy? Or whether it requires the Justice Ministry to first appoint a Committee to inquire to determine whether the murderer has been sufficiently rehabilitated and whether he is in a fit mental state to be released to society? Or whether a President’s opinion that a doctorate done in prison and a murder done ‘over an incidence of impatience’ are sufficient grounds to set a murderer free?
Though the Constitution allows him to do what practice discourages him, Sirisena’s frustration must also stem from the fact that ever since he declared that he has no qualms like his predecessors have had in implementing the death penalty after a 42-year moratorium and finds that he has been thwarted at every turn in sending a death row inmate to kingdom come.