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Five-judge bench of Supreme Court to hear arguments on 9 July
AG’s appeal against granting bail to accused in SLPP MP’s killing:
By Shamindra Ferdinando
Attorney General Sanjay Rajaratnam, PC, has appealed to the Supreme Court against the granting of bail to 41 accused in the killing of Polonnaruwa District SLPP MP Amarakeethi Athukorala and his Personal Security Officer (PSO) Jayantha Gunawardena on 09 May 2022, at Nittambuwa.
The AG’s appeal has been fixed for argument on 09 July, 2024, before a bench comprising five Judges, presided by Justice P. Surasena, the AG’s Department has informed Justice Minister Dr. Wijeyadasa Rajapakse, PC.
The AG’s Department has said so after Minister Rajapakse called for a report in respect of our news report, headlined ‘SLPP MP’s violent death during Aragalaya: Govt should be ashamed of delay in serving justice – Head of National Security Sectoral Oversight Committee‘ published on the front page of The Island edition of April 16.
The Justice Minister has been informed that in spite of strong objections by the AG to release the accused on bail at the time of serving of indictments and to have a day-to-day trial, the Trial-at-Bar released the accused on bail on the grounds that they had been in remand custody for over one year.
The AG has declared that his Department felt aggrieved by the decision of the Trail-at-Bar to release the accused on bail.
MP Atukorale was on his way back home after attending a Temple Trees meeting, chaired by then Prime Minister Mahinda Rajapaksa, when a mob intercepted his car in the Nittambuwa town. The armed police bodyguard was also killed.
According to the AG’s Department, the initial investigations conducted by the Nittambuwa Police and subsequently taken over by the Homicide Unit of the CID during C.D. Wickremeratne’s tenure as the IGP. Having concluded the investigation, the Homicide Unit of the CID has submitted the relevant material to the AG and sought his advice.
Justice Minister Rajapakse told The Island that he immediately sought clarification from the AG after the latest report was brought to his notice.
Having perused the material submitted by the CID, the AG has decided to move for a Trail-at-Bar, according to the note received by the Justice Minister. The AG dispatched the indictment against 41 accused to the High Court of Gampaha before requesting Chief Justice Jayantha Jayasuriya, PC, in terms of 450 (3) of the Criminal Procedure Code on May 09, 2023 to consider appointing a Trial-at-Bar to hear the case.
The Chief Justice has given the go ahead by nominating three High Court Judges, Sahan Mapa Bandara, Rashmi Singappulli and. Ruwan Pathirana to have a Trail-at-Bar sitting at Gampaha.
The indictments which were preferred against the 41 accused contained 14 charges, including two counts of murder, around 350 witnesses and 400 productions.
While the AG’s appeal regarding the bail order is pending before the Supreme Court, the Trail-at-Bar commenced and is in progress, the Justice Minister said, referring to the note he received from the AG. The prosecution has concluded the evidence of two witnesses who had played a key role in the course of the investigations. The Court has been informed that their next witness would be Nuwan Sandagiri, the representative of the Government Analyst’s Department who had done the analysis pertaining to the Fascial Recognition of the accused and the digital evidence.
The High Court trial will resume on April 25, 2024, and will continue on Thursday afternoons and Fridays of every week.
News
New Chancellor appointed to General Sir John Kotelawala Defence University
President Anura Kumara Dissanayake has appointed Air Chief Marshal Kolitha A. Gunathilake (Retd.) as the new Chancellor of General Sir John Kotelawala Defence University.
The letter of appointment was presented to Air Chief Marshal Kolitha A. Gunathilake (Retd.) by Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat on Monday (05) afternoon.
Air Chief Marshal Kolitha A. Gunathilake(Retd.) has served as Commander of the Sri Lanka Air Force and as Chief of Defence Staff.
(PMD)
News
Govt. urged to halt ‘illegal’ presidential pardons
By Shamindra Ferdinando
The government is coming under pressure from civil society organisations to formulate a clear ‘mechanism’ to deal with requests for presidential pardons.
Representing civil society organisations, Gamini Viyangoda yesterday flayed the NPP government for the delay in taking action against Ven. Galagoda Aththe Gnanasara Thera, after the Supreme Court declared the 2019 presidential pardon granted to him by President Maithripala Sirisena null and void. He said successive Presidents had abused their executive power to release convicted persons from prison.
Purawesi Balaya activist Viyangoda pointed out that the Supreme Court ruled that President Sirisena had acted arbitrarily and failed to independently consider the relevant materials before exercising his executive power.
The Court of Appeal, in August 2018, sentenced Gnanasara Thera, General Secretary of the Bodu Bala Sena (BBS), to six years rigorous imprisonment for contempt of court over his conduct during proceedings concerning missing journalist Prageeth Ekneligoda. Viyangoda said that those who had been affected by the monk’s conduct have the right to know on what basis the President released him, in May 2019.
The Court of Appeal yesterday (05) ordered the relevant authorities to enforce the remaining period of imprisonment imposed on the Thera.
Gnanasara Thera, who had been subject to an open warrant for his arrest, was produced before the Court of Appeal, today, by prison officials.
Having considered the submissions made before it, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remaining period of the sentence imposed on Gnanasara Thera. Police on Saturday (03) apprehended the monk at a forest monastery in Kalutara. The Colombo Magistrate’s Court on Sunday (04) ordered the Thera to be remanded in custody till Monday.
Appearing for Gnanasara Thera, Attorney-at-Law Iresh Seneviratne, together with Attorney-at-Law Pasan Karunaratne, told the court yesterday that his client had been experiencing severe mental distress and had therefore gone to an ‘Aranya Senasanaya’, where he had been staying.
Viyangoda said that examination of presidential pardons, executed over the years, would reveal how successive leaders exploited the executive power to appease their own. Responding to The Island queries, Viyangoda said that Sirisena, in Sept. 2019, just two months before the presidential election, granted Jude Shramantha Jayamaha a Presidential pardon.
Jude Shramantha Jayamaha was sentenced to 12 years by the High Court, but the Court of Appeal revised that sentence to death, in July 2012, which the Supreme Court later upheld. Viyangoda said that though the Supreme Court, in June 2024, declared that the particular Presidential action was illegal and arbitrary, law enoforcement authorities were yet to take tangible measures to enforce the court directive.
Viyangoda stressed that no President should exercise the right to pardon a convicted on his or her own without following laid out procedures. According to him, Sirisena appeared to have simply ordered the monk, and the convicted murderer, released in response to appeals received by him. A comprehensive investigation could identify those who had been involved in these wrongdoings.
News
GL urges cautious handling of Saudi death row case, blasts govt. over BRICS affair
Convenor of Janathawadi Joint Opposition, Prof. G. L. Peiris, yesterday (05) emphasised the responsibility on the part of the government and others to act cautiously when making representations in respect of Sivarasa Anojan facing death sentence in Saudi Arabia over a controversial social media post.
Addressing the media at former President Ranil Wickremesinghe’s Flower Road Office, Prof. Peiris emphasised that whatever representations should be made through the Foreign Ministry.
The one-time External Affairs Minister warned of dire consequences of political party leaders, members of Parliament and civil society making direct representations and trying to get in touch with various Saudi authorities over the phone.
Prof. Peiris said that those who intervened on behalf of Anojan should keep in mind that Sri Lanka should be mindful of the Saudi way of governance and sensitivities.
The former Minister questioned the circumstances Sri Lanka was left out of the recent BRICS summit held in New Delhi. He recalled how former President Wickremesinghe discussed Sri Lanka’s entry into BRICS with Russian President Putin and received an invitation for the Summit there but as a result of the change of government, in Sept. 2024, Sri Lanka ignored that invitation.
That resulted in Sri Lanka being left out from the New Delhi summit, Prof. Peris said.
Prof. Peiris pointed out the absurdity in sending the Foreign Secretary to the BRICS Summit in Russia instead of the President, PM or the Foreign Minister to represent the country.
Referring to the forthcoming conclusion of the current IMF programme, initiated during Wickremesinghe’s time, Prof. Peiris said that Sri Lanka lost a great opportunity to benefit from BRICS by failing to represent the country at a higher level at the Russian summit.
The BRICS nations established the New Development Bank (NDB), originally called the BRICS Development Bank, Prof. Peiris said.
Dismissing NPP government’s explanation regarding Iranian ships awaiting necessary supplies but deprived by US imposed restrictions, the former Minister strongly criticised the administration’s response. According to him, this government responded in a similar manner when the US sank an unarmed Iranian frigate just outside Sri Lankan territorial waters in March this year.
Prof. Peiris declared that the government’s assertion that the US restrictions weren’t only directed at Sri Lanka but all Iranian vessels in other regions as well was not acceptable (SF)
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