EC: HC judgment won’t bar Premalal from contesting

… former, present polls monitors differ

By Shamindra Ferdinando

Election Commission (EC) Chairman Mahinda Deshapriya yesterday (3) said that the recent Ratnapura High Court ruling, in respect of the 2015 January Kahawatte killing, wouldn’t bar SLPP candidate Premalal Jayasekera from contesting the parliamentary polls on August 5.

 Deshapriya said so when The Island asked for comment on the Ratnapura, High Court sentencing the SLPP candidate, along with two others, to death, over the killing of a person backing the then common candidate Maithripala Sirisena.

At the time of the incident, Jayasekera held the post of Deputy Minister in the SLFP-led UPFA government.

Deshapriya said that there had never been a similar case before though there had been cases of elected lawmakers being unseated after being found guilty by courts.

 “We’ll discuss the issue at hand after the election and decide what to do,” Deshapriya said, adding that there was no change in the status quo as a result of the Ratnapura HC ruling.

The EC consists of Mahinda Deshapriya, Prof. Ratnajeevan Hoole and Nalin Abeysekera, PC.

CMEV (Center for Monitoring Election Violence) spokesman Manjula Gajanayake told The Island that the top SLPP leadership should have considered all aspects before accommodating the former lawmaker on the Ratnapura nomination list. The SLPP could have easily avoided what Gajanayake called unnecessary complication by fielding another in place of Jayasekera, Gajanayake said. The polls monitor pointed out that the SLPP was aware that the Kahawatte case had been heard and the ruling was pending.

Responding to another query, Gajanayake said that the EC as well as political parties, especially those represented in parliament would have to address the issue.

Ratnapura District SLPP list comprises Vasudeva Nanayakkara (leader), Pavitradevi Wanniarachchi, Janaka Wakkumbura, John Seneviratne, Premalal Jayasekera, Dunesh Gankanda, Akila Ellawala, Sanee Rohana Kodituwakku,  Ranjith Bandara, Gamini Waleboda, Muditha Prishanthi, Hettiarachchige Lakshman Premaratne, Athula Kumara Rahubadda and Miyuru Bhashitha Liyanage. SLPP’s 14 candidates, include six former lawmakers. Of them, Dunesh Gankanda was elected from the Ratnapura district on the UNP ticket at the last parliamentary polls in August 2015.

 The SLPP should blame itself for the crisis, Gajanayake said.

 On Feb 26, 2019 four suspects who had been charged with killing of an individual in Kahawatta during the 2015 presidential polls campaign were acquitted and released by the High Court of Ratnapura. However, Jayasekera and two others remained as accused.

 Executive Director of PAFFREL (People’s Action for Free and Fair Election) Rohana Hettiarachchi told The Island that at the time Jayasekera received nomination he hadn’t been found guilty by High Court of Ratnapura. Therefore, there couldn’t be an issue in voters exercising their franchise for Jayasekera tomorrow, Hettiarachchi said. However, the EC would have to seek legal advice before Jayasekera received oaths as a member of parliament. 

 The police arrested Jayasekera in the Beruwela police area while he was hiding after the high profile Kahawatte killing.

 CaFFE (Campaign for Free and Fair Elections) head Ahamed Manas Makeen told The Island that the electorate should exercise their franchise for those who had clean records. Those who abused women and children or encouraged such practices, bribery and corruption and engaged or promoted violence or extremism shouldn’t be encouraged. Makeen said that the CaFFE stand was relevant to all districts not only Ratnapura where a candidate was sentenced to death.

 However Makeen’s predecessor, Rajith Keerthi Tennakoon, in a letter dated Aug 2 addressed to the EC, on behalf of the Samagi Jana Balavegaya (SJB) said that in terms of the Article 89 of the Constitution a convicted murderer is automatically deprived of the right to exercise his franchise. Therefore, Jayasekera couldn’t vote at tomorrow’s general election, Tennakoon said, pointing out that in terms of Article 91 of the Constitution, a person disqualified to vote at the general election couldn’t contest. Tennakoon urged the EC to advice the Returning Officer of Ratnapura accordingly without delay.

 Keerthi functions as the SJB representative at the EC.

 SLPP Chairman Prof. G.L. Peiris said that they were watching the situation.