Gota ally strongman Duminda to death row for Bharatha Lakshman murder

A former Parliamentarian was sentenced to death for the first time in the country’s recent history when the Colombo High Court decided to impose the death penalty on former MP Duminda Silva and four others in connection with Bharatha Lakshman Premachandra’s murder.

Duminda Silva, a close ally of former President Mahinda Rajapaksa at one point, was the monitoring MP of the Defence and Urban Development Ministry, under the previous administration. Therefore, many assumed that Thursday’s judgment would not be ‘too harsh’ on the former Parliamentarian given the political power wielded by him and his family.

However, when the historic verdict was delivered on Thursday afternoon, it caused ripples across the country’s political circles. The judgment made it clear that everyone was equal before the court of law and gone are the days when politicians had ‘immunity’ before judiciary, when it came to criminal cases.

Notable absentee

Three of the accused in the case, who were in remand, were brought to the HC premises by prison officers under heavy security. They were thoroughly frisked before entering the Courtroom No.1 at the Hulftsdorp courts complex. Flanked by his supporters, a smiling Duminda Silva arrived at the courts premises a few minutes later, expecting a favourable verdict.

Duminda Silva and Chaminda Ravi Jayanath at the Colombo High Court last Thursday

Parliamentarian Hirunika Premachandra, her mother Sumana Premachandra and some of their supporters were also present at the courts premises on the final day, as they knew that their long-drawn legal battle over Premachandra’s murder had come to a decisive point.

The notable absentee on Thursday was Prasanna Solangaarachchi, former Chairman of the Kotikawatte-Mulleriyawa Pradeshiya Sabha and a close ally of the slain politician. In fact, it was rumoured that Premachandra first got into a dispute with Silva over an incident involving Solangaarachchi.

However, the former Kotikawatte-Mulleriyawa PS Chairman was absent on Thursday to hear the judgment of the much-talked-about case.

According to the High Court judgment, five accused including former MP Duminda Silva were given the death sentence for killing four persons including Bharatha Lakshman Premachandra, on October 8, 2011. Apart from the death sentence, the Colombo High Court ordered the five accused to pay a fine of Rs. 40,000 each.

Divided verdict

The accused were charged under 17 counts including committing and conspiring to commit murder of four individual, inflicting gunshot injuries, unlawful assembly and criminal intimidation on or around October 8, 2011. The accused had been charged under section 296, 140, 146, 147, 486 and 300 of the Penal Code. They were also charged under the Firearms Act. The verdict was divided two-to-one with judges Pathmini N. Ranawaka and M.C.B.S. Moreis finding five accused guilty for 10 charges including committing and conspiring to commit the murders of the four people. However, Justice Shiran Gunaratne , President of Colombo High Court Trial at bar, found the 13th accused, Duminda Silva, not guilty of all seventeen charges.

While handing out the judgment two Judges Pathmini N. Ranawaka Gunatilleke and M.C.B.S. Moreis claimed that the prosecutors have proved the five accused guilty beyond reasonable doubt. High Court Judge Pathmini N. Ranawaka Gunatilleke observed that the provocative behaviour of Duminda Silva led to the whole incident. According to the judge, evidence had proved that Silva had given leadership to the mob who behaved in an unruly manner and therefore he should be held responsible for the whole incident. The judge, citing JMO reports, said Silva was under the influence of alcohol at the time the incident took place.

However, High Court Judge Shiran Gunaratne found all accused not guilty on the grounds that there was no substantial evidence to charge them under 17 counts. He observed that the evidence presented by the investigative officers was contradictory and the benefit of the doubt should go to the accused.

Hirunika weeps

The accused who were ordered to be sentenced to death were; Duminda Silva, Anura Thushara de Mel, Chaminda Ravi Jayanath (Dematagoda Chaminda), Dissanayake Mudiyanselage Sarath Bandara and Janaka Bandara Galagoda. Police previously informed the High Court that the tenth accused in the case, Janaka Bandara Galagoda, had gone missing.

Meanwhile, seven individuals, namely Chandana Jagath Kumara, Lanka Rasanjana, Malaka Sameera, Widanagamage Amila, Suranga Premalal, Saman Kumara Abeywickrema and Rohana Marasinghe, were acquitted from charges.

The Attorney General had called 42 witnesses to give evidence on the incident. In addition, the AG also presented in Courts 126 documents including the Government’s Analysts reports and JMO reports.

Prior to the pronouncement of the judgment, the High Court asked whether the accused had to say anything.In reply, all accused denied the charges levelled against them and said that they were not involved in this incident. However, the Trial at bar proceeded with their judgment and the five accused, including the former Parliamentarian received death penalty.

Hirunika Premachandra, Bharatha Lakshman’s daughter, burst into tears after the judges declared the verdict. Her supporters believed that the judgment ensured ‘poetic justice’ for the slain politician and his family.

The young Parliamentarian did not forget to speak to media as she walked out of the courtroom, alongside her mother and the husband. As she approached the reporters, a sea of emotions was written all over her face.

“If the Government had not changed, the verdict would have been different,” she said, weeping.

“Justice was achieved because the supremacy of law is protected under new President,” she also added.

Commenting on the judgment, she said it did not make her particularly happy. “We are not inhuman to be happy when someone is given death sentence. So, I can’t say I am happy. We still suffer, deep down, and when I go home, I hear my father’s voice. But, justice has been meted out to my father, finally,” the Parliamentarian explained.

Soon after the verdict, lawyers appearing on behalf of Duminda Silva said they would appeal against the judgment. However, the timeline of the process was not disclosed to the reporters.

Silva was taken to the Welikada prison, in a prison bus, along with other accused. The former Parliamentarian was first held at the C3 ward of the Welikada prison. However, he was later transferred to the B3 ward. Three others who were convicted for Premachandra’s murder were also kept at the C3 ward.

Meanwhile, prison authorities also took measures to transfer Chaminda Ravi Jayanath, who was also convicted and sentenced to death for the murder of Premachandra, to the Pallekelle prisons, under tight security. Jayanath alias ‘Dematagoda Chaminda’ is known to be a notorious gangster and the prison authorities made the move to avert any incident under the prison premises.

Home food

Authorities of the Welikada prison also received a request from the former Parliamentarian to have access to home cooked food. This facility is usually enjoyed by those who are in remand prison. In response to Silva’s request, the authorities said they were not in a position to allow such a facility for the former Parliamentarian.

It was reported that Duminda Silva, on Friday, played cricket with other prisoners on death row, during the 20 minute period allocated for them to do physical exercise. Prison sources also added that the former Parliamentarian was in good health.

“Even if he files an appeal, he will have to remain in prison. Usually, those who are convicted for murder are kept in solitary cells. The prison department did not make any exceptions for the former Parliamentarian,” a highly placed source at the Department of Prisons told the Sunday Observer.

UNP

The United National Party (UNP) celebrated its 70th anniversary with a massive rally held at Campbell Park, Colombo. It was the same venue where the party celebrated its mammoth May Day rally after coming back to power, in January 2015, with the election victory of the Common Candidate.

The party further consolidated its position at the Parliamentary election in August last year, by securing 106 seats. Although the party had a chance to form a government on its own, with the support of the TNA, it chose to enter into a national government agreement with the SLFP led by President Maithripala Sirisena.

The prime objective behind forming a national government was to resolve key issues faced by the country. This process requires comprehensive political and economic reforms. Although the 19th Amendment to the Constitution has already been passed in Parliament, a lot of political reforms, including the proposed new constitution, are still in the pipeline.

Hardships

At the same time, the government has embarked on some long-term development programs such as the Western Province Megapolis Development and the Colombo Port (financial) city.

While focusing on long-term plans, the government has to grapple with the current economic mire, a direct result of the previous government’s extravagant spending and ill-planned projects. In this context the UNP, as a party, has to back certain unpopular decisions made by the national unity government.

Without looking at short-term political gains, the party has to focus on long-term results, while expanding its voter vase, especially at the grassroots level. This, without doubt, is a challenging task.

Apart from hardships on the economic front, the government also has to deal with some serious challenges, in terms of post-war accountability and reconciliation. When it co-sponsored the resolution presented to the United Nations Human Rights Council (UNHRC) last year, the government pledged to take comprehensive steps to ensure reconciliation and accountability. However, nearly 12 months later, the government is yet to unveil its detailed plan for accountability, dubbed by many as a ‘hybrid’ mechanism. It is clear that there are two schools of thought, even within the ruling camp, over the nature of the proposed judicial mechanism. Handling this complicated situation as a mainstream political party, is a challenge for the UNP at this point.

As the main coalition partner of the government, the party has to walk the extra mile to convince the Sinhala-Buddhist electorate of the importance of accountability and reconciliation. Due to years of brainwashing, the traditional Sinhala society views ‘reconciliation’ with suspicion and this could hamper the government’s long-term plans.

This requires the UNP to adopt a fresh strategy to convey its message to the traditional Sinhala-Buddhist electorate. That is why the party has to be mindful of the current challenges, without gleefully drowning itself in a celebratory mood.

Second-tier leadership

However, addressing a Working Committee meeting before the 70th anniversary celebration, Prime Minister Ranil Wickremesinghe said the party should now focus on building up its second-tier leadership.

“I was the leader of the UNP when the UNP celebrated its 50th anniversary. I am the leader of the party when it celebrates the 70th anniversary. But, I won’t be in the party leadership for the 80th anniversary,” Wickremesinghe said, stressing the need for a young leadership at the second tier.

A cocktail party was also held this week, at Waters Edge, to celebrate the 70th anniversary of the party. Former President Chandrika Bandaranaike Kumaratunga, a Patron of the SLFP, also attended the party as a guest. Kumaratunga, the arch enemy of the UNP for 10 years when the People’s Alliance (PA) government was in power, was seen having a long and friendly conversation with several UNP seniors, including Prime Minister Wickremesinghe. President Maithripala Sirisena and SLFP General Secretary Duminda Dissanayake were also invited to attend the UNP’s anniversary event on Saturday. It showed the party’s commitment to protect the understanding with the other key coalition partner of the government. It sends a strong signal to the political sphere that the two main parties will work together until the end of the five year term of the current government, despite the UPFA rebel group’s demand.

The President and the SLFP General Secretary too will attend the UNP anniversary event with a triumphant mentality. The party held one of its most successful anniversary events, last Sunday, in Kurunegala, where former President Mahinda Rajapaksa contested the last Parliamentary election. The SLFP’s anniversary event attracted a massive crowd, shattering the idea that the SLFP’s grassroots level structures had been hijacked by the rebel group.

The success of the SLFP’s anniversary event put the UPFA rebel group on ‘back foot’. They cannot claim that the party has lost its strength at the grassroots level and justify their attempt to bring the former President back to the SLFP fold. On the other hand, it also showed that forming another party, under the former President’s leadership, would not take them anywhere as the grand old party still has a significant crowd support.

The President’s speech at the SLFP anniversary rally was another blow to the rebel group. In his speech, the President formally announced that the party would contest the next Local Government election under its traditional ‘hand’ symbol. It also suggested that the party’s alliance with minor political groups such as the National Freedom Front and the Pivithuru Hela Urumaya had come to an end.

It was a direct message to the SLFP members of the Joint Opposition group to choose their camp. However, the President made it crystal clear that the 65-year-old party was not willing to play the underdog’s role anymore. “Fall in line, or fall by the wayside,” is the SLFP’s key message to the rebel group, at this juncture.

The SLFP attempted to cash in on the success of its 65th convention when the SLFP General Secretary said they did not wish to take disciplinary action against those who did not attend the event. “The party does not wish to take any action against them. It is up to the people to take action against them at the next election,” Dissanayake said, addressing a press conference in Colombo this week.

Dissanayake’s remark, however, was an indication to the SLFP members of the rebel group to re-align themselves with the party, without backing the former President’s camp. By not taking disciplinary action, the party has decided to leave the door open for anyone who wants to switch allegiance at the eleventh hour.