MP-elect on death row

By Shamindra Ferdinando

Polls Monitoring groups-PAFFREL (People’s Action for Free and Fair Election) and CMEV (Centre for Monitoring Election Violence) yesterday (2) said that the government would have to abide by the instructions issued by Attorney General Dappula de Livera in respect of MP elect Premalal Jayasekera sentenced to death over a killing in Kahawatte, Ratnapura, in January 2015.

The AG has informed the Secretary to the Justice Ministry and the Secretary General of Parliament of Jayasekera being disqualified to serve as a member of parliament and also to exercise his franchise.

Acknowledging that the SLPP Ratnapura candidate had received the second highest number of preferences at the August general election, PAFFREL Executive Director Rohana Hettiarachchi and CMEV National Coordinator and Researcher Manjula Gajanayake pointed out that the Attorney General expressed his opinion after the Secretary to the Justice Ministry sought his advice.

Premalal Jayasekera polled over 140,000 preference votes. Pavitradevi Vanniarachchi obtained over 200,000 votes the highest preference there by a candidate representing any contesting party.

Both Hettiarachchi and Gajanayake emphasized that it was no longer a political issue

Secretary to the Justice Ministry sought the AG’s advice in the wake of the Commissioner General of Prisons seeking advice regarding Jayasekera being allowed to attend the inauguration of parliament on August 20.

Hettiarachchi said that the authorities quite rightly refrained from taking Jayasekera to parliament on August 20 though the convict’s family received an invitation to attend the inauguration from the Office of the Secretary General of Parliament.

Responding to another query, Hettiarachchi, who is also the Convenor of March 12 Movement said that he couldn’t comment on behalf the civil society groups though the PAFFREL strongly opposed any political party or a lawmaker challenging the AG’s stand. There couldn’t be any dispute over the AG’s advice, Hettiarachchi stressed, urging all those responsible to review the situation.

According to the AG’s Department as a result of Jayasekera appealing against the Ratnapura High Court ruling, only the death sentence had been suspended pending the Court of Appeal case.

Hettiarachchi pointed out that in the wake Minister Vasudeva Nanayakkara challenging the AG’s competence, the government sought the AG’s opinion on the 20th Amendment to the Constitution.

Addressing the media on Monday (31), veteran lawyer Nanayakkara said that the AG couldn’t decide on Jayasekera’s fate as it was the responsibility of the parliament.

Manjula Gajanayake said that Minister Vasudeva Nanayakkara’s dismissal of the AG’s opinion as regards Jayasekera’ eligibility sent a wrong signal to other members of the SLPP parliamentary group as well as the public. Gajanayake said that Nanayakkara couldn’t have been unaware of the constitutional provision as regards convicted persons.

Responding to another query, Gajanayake alleged that during the general election campaign in Ratnapura Vasudeva Nanayakkara repeatedly assured the electorate that he would stand by Premalal Jayasekera. Gajanayake said that the CMEV and other monitoring groups observed Nanayakkara’s campaign throughout that period.

Nanayakkara of the Democratic Left Front (DLF) contested on the SLPP ticket.

Former CAFFE (Campaign for Free and Fair Election) Executive Director Rajith Keerthi Tennakoon told The Island that there were three previous examples regarding convicted persons being denied the opportunity to attend Provincial Council and Parliamentary sessions. Tennakoon said that former Sabaragamuwa Provincial Council member Hasitha Muhandiramge’s convicted over 1999 double murder case and General Sarath Fonseka were prevented from attending Sabaragamuwa PC and parliament, respectively.

Tennakoon said that the ruling SLPP would have to pick Sunny Rohana or Ranjith Bandara who polled 53,261 each in place of Premalal Jayasekera. As both SLPPers had polled equal number of preferential votes, the Election Commission (EC) would have to decide the replacement on toss of a coin.

Tennakoon said that a decision would have to be made before Parliament meets again on Sept 8. So far, the 9th parliament met twice on Aug 20 and 21.

Authoritative sources told The Island that the three-member EC hadn’t discussed the issue formally though it came up. The EC consists of Mahinda Deshapriya (Chairman), Prof. Ratnajeevan Hoole and Nalin Abeysekera PC. Sources said that the EC was scheduled to meet him on coming Friday and Saturday. “We have not met as a Commission on this although it came up informally. We meet next on the 4th evening and 5th”, an EC member said.

Asked whether this could cause a dispute between the government and the AG’s department, sources said that the law was clear in this regard. Perhaps the parliament could intervene only by enacting new laws and backdating them, sources said.

CAFFE Executive Director Ahamed Manas Makeen faulted the Ratnapura electorate for voting for Premalal Jayasekera in spite of knowing he was convicted for the Kahawatte killing. Makeen also questioned the SLPP accommodating the former Deputy Minister on its Ratnapura nominations list regardless of the pending verdict.