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MS found guilty of violating Constitution, AG directed to bring back convict

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Yvonne Jonsson

Granting Presidential pardon to convicted murderer of Swedish-Lankan girl

By Shamindra Ferdinando

The Supreme Court has directed Attorney General Sanjay Rajaratnam, PC, to take tangible measures to secure the custody of convicted killer Don Shramantha Jude Anthony Jayamaha, who was granted a presidential pardon on Nov 09, 2019 by the then President Maithripala Sirisena during his last week in office.

The Apex Court in 2014 upheld the death sentence imposed on Jayamaha for killing 19-year-old Swede, Yvonne Jonsson, in the stairwell of the Royal Park Condominium complex in Rajagiriya on July 1, 2005. Police arrested Jayamaha on the following day at the condominium where he had been with the relatives and friends of the victim.

A three-member Supreme Court bench consisting of Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva issued the directive to the AG after declaring President Sirisena’s actions violated the Constitution.

The SC issued the ruling following the consideration of a fundamental rights petition filed by the Women and Media Collective.

The NGO’s Board of Directors consists of Dr. Radhika Coomerswamy, Prof. Cameena Gunaratne, Ms. Anberiya Haniffa, Ms. Anushya Coomaraswamy, Ms. Jayanthi Kuru-Uthumpala, Ms. Sakunthala Kadirgamar and Ms. Chulani Kodikara.

Jayamaha left the country immediately after the presidential pardon. President Sirisena strongly defended his decision when various interested parties questioned the legitimacy of the move just ahead of the last presidential polls.

The Supreme Court ordered Sirisena to pay a compensation of Rs. 01 million to the petitioner, and Rs. 01 million each to the mother and father of the victim.

The Supreme Court declared that the former President intentionally violated the Constitution by granting the murder convict a presidential pardon. At the time of the incident, Jayamaha had been back home for vacation from Australia where he was studying.

President’s Counsel Sanjeeva Jayawardena with Counsel Rukshan Senadheera and Ranmali Meepagala appeared for the petitioner. President’s Counsel Romesh de Silva appeared for the victim. Faizer Mustapha PC appeared for former President Maithripala Sirisena. Saliya Peiris PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.



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618 dead, 209 missing as at 2000hrs on Saturday [06]

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The Situation Report issued by the Disaster Management Center [DMC] at 2000hrs on Saturday [06] confirms that 607 persons have died due to the recent flooding and landslides while another 209 persons were missing.

The death toll in the Kandy district which one of the most affected districts has risen to 232, and 1800 houses have  been fully damaged.The number of missing persons reported is 81

100,124 persons belonging to 29,874 families were being housed at  990 safety centers established by the government.

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Opposition blames govt. inaction for severity of disaster impact

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The government’s failure to act on expert warnings, including advance forecasts on Cyclone Ditwah, had led to the worsening of disaster impact, Udaya Gammanpila, leader of the Pivithuru Hela Urumaya, said at a press conference in Colombo yesterday.

Gammanpila accused the NPP government of ignoring 14 key preventive measures, despite alerts from the Meteorology Department, foreign experts, and the media.

Gammanpila said the government had failed to lower the water levels in reservoirs, dredge estuaries, and deploy the armed forces for canal maintenance. Local government bodies were reportedly sidelined, and that led to a delay in cleaning of drains. He said the government had also failed to evacuate people in a timely manner from seven districts identified by the National Building Research Organisation as landslide-prone. It had delayed declaring emergencies or curfews and the deployment of tri-forces to evacuate people in such areas.

Gammanpila said an experienced public official should have been appointed as Secretary to the President to mobilise the state machinery swiftly during the disaster. He said the government had not convened the National Disaster Council.

“These failures worsened the disaster, causing immense hardship, disruption, and loss of life and property to the people,” Gammanpila said.

The government has denied the Opposition’s claims.

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National Archives seeks freezing capacity to ward off mould from vital water-damaged documents

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The Department of National Archives Friday made an urgent appeal for freezing capacity to protect from mould vital water damaged documents, particularly irreplaceable public records of legal value saying this would be be time buying exercise before mould destroys them permanently.

Dr. Nadeera Rupesinghe, Director General of National Archives, said in the appeal that “freezing water-damaged documents stops mould growth and stabilizes materials until proper conservation treatment is possible. It buys time.

Without freezing capacity, we will lose vital records, land registries, court documents, historical records, and the evidence millions of citizens need to rebuild their lives.

“These public institutions urgently need access to freezer facilities and mobile freezers across the country. Public records as bound volumes, and bundled records have to be frozen in large quantities. We understand this is an extraordinary request during an already difficult time. We are asking you to provide space in existing freezer facilities on a temporary basis (weeks to months).”

She said if anybody able to provide such facilities without cost, in return, the National Archives can support full documentation of your contribution for CSR reporting and national recognition as a partner in preserving Sri Lanka’s evidentiary landscape.

“These are not abstract historical records. These are the records our citizens need to prove who they are, what they own, and what they are owed. What we stand to lose –

Court records and legal evidence spanning decades

Personnel files affecting pensions and benefits

Financial records required for audits and accountability

Public records essential for maintaining administrative history

Historical documents that tell our national story”

Noting that the business community has always been a partner in Sri Lanka’s development, the National Archives Department asked it to be partners in preserving the documentary foundation on which business, law, and civil society depend.

“Every land transaction, every contract, every court case relies on records. Help us save them,” Rupesinghe said.

If your organisation has freezing capacity you can make available, please immediately contact Mr Anuradha Adikaram, Senior Archivist on 077 6815551 (Available 24 hours) .

The department will coordinate connecting those who can assist with organisations that are searching for freezer facilities.

“Time is the enemy. Every hour without freezing capacity means more records lost to mould. Every day of delay means more families without proof of their homes, their citizenship, their rights. We are asking for freezers, but we are really asking you to help preserve the documentary infrastructure of our nation,” Rupesinghe said.

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