18 January, 2021

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Gota’s Commission Delivers New Year Bombshell: Free Duminda Silva!

The Government of President Gotabaya Rajapaksa kicked off the new year by taking a major leap in the process to release and pardon death row prisoner and murder convict R Duminda Silva after a heavily politicised Commission appointed to investigate complaints of political victimisation unanimously decided the conviction had been a miscarriage of justice.

The Presidential Commission chaired by former Supreme Court Judge Upali Abeyratne claimed that “powerful evidence” produced before the Commission had led to its unanimous determination that the respondents to the Complaint, MP Ranjan Ramanayake, retired High Court Judge Padmini Ranawaka and former CID Director SSP Shani Abeysekera had fabricated evidence to convict Duminda Silva for murder.

A High Court Trial at Bar found Silva guilty of the murder of SLFP strongman Bharatha Lakshman Premachandra in 2016 and sentenced the former MP to death, a ruling that was upheld by a five-judge bench of the Supreme Court in 2018.

Commission Chairman Abeyratne was disgraced for politicising a case as a district judge at the behest of former AG and Chief Justice Sarath N Silva and disciplined for his conduct, although he was never forced into retirement and eventually appointed Supreme Court Justice by President Mahinda Rajapaksa.

The Commission sat specially to hear the Duminda Silva complaint after it had officially wound up its business on October 31, 2020, using a special reporting extension provided by President Gotabaya Rajapaksa to hear the Duminda Silva complaint filed by his father, Vincent De Silva. SSP Abeyratne, MP Ramanayake and former HC Judge Ranawaka were cited as respondents by the convict’s father in his complaint before the Commission.

Commission has unanimously concluded that the three respondents, Ranjan Ramanayake, Shani Abeysekera and Padmini Ranawaka had fabricated evidence to falsely accuse and convict R. Duminda Silva for murder, based on what it called “powerful evidence” provided to the commission.

Based on its report seen by Colombo Telegraph, the Commission has unanimously determined that murder convict Duminda Silva should be acquitted and released from all charges filed against him in the indictment at the Colombo High Court in the case HC 7781/15.

The report says that although Duminda Silva was convicted of murder and sentenced to death after the case HC 7781/15 in High Court, a conviction subsequently upheld by the Supreme Court, the courts did not have the benefit of evidence produced before this commission, thereby undermining the process of justice. “Therefore, this Commission unanimously recommends that the Attorney General of Sri Lanka files an official appeal to the Supreme Court to have the judgment against the 11th respondent in this case, R Duminda Silva subject to judicial review by a wider bench of judges.”

Highly placed sources told Colombo Telegraph that President Rajapaksa has been eager to keep a pre-election promise to Silva’s brother who owns an influential broadcasting network that propelled the Sri Lanka Podujana Party to power. However the President has been wary of severe public criticism since Silva’s conviction was widely popular with most Sri Lankans. Silva’s reputation as a major player in Colombo’s illegal narcotics trade. “The PCoI report will now give President Rajapaksa the cover he needs to release Duminda because it will be based on recommendations by senior judges” said a source close to the Government.

The Commission also recommended the prosecution of all three respondents on charges of fabrication of evidence, abetting the commission of a crime, wrongful confinement of a person by abusing provisions of the Prevention of Terrorism Act (PTA) and corruption under the Bribery Act.

Based on the excerpts of the report by the Commission, the following were the recommendations against the Respondents:

Prosecute respondents for the following offences:

· Under Penal Code Section 189 (Fabricating evidence) read with 191 (Giving or fabricating false evidence with intent to procure conviction of capital offence) since they have fabricated evidence

· Under Penal Code Section 100 for the offence of abetment of fabrication of evidence

· Under Penal Code Section 335 (Wrongful confinement of a person for whose liberation a writ has been issued) for detaining R Duminda Silva at the CID by abusing the provisions of the Prevention of Terrorism Act.

· To send all relevant documents and evidence from the Commission to the Attorney General and the Bribery Commission to facilitate prosecution before the appropriate judicial authority.

· To investigate and punish police officers under police disciplinary rules for bringing the police force into disrepute. (By Chinthika De Silva

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Latest comments

  • 17
    0

    As a thank you for the minister of justice for releasing Duminda soon, his community will be able to bury COVID-19 dead now.

    • 10
      3

      GATAM

      Why does it most important to release murderers, drug pushers, war criminals, crooks, fraudsters, ………………..?

      • 12
        0

        You will get an answer to the “WHY” if you trace the current politicians accumulated wealth.

        Its always follow the money.

        • 4
          1

          Burt

          Alright
          I thought it was Mangala Samaraweera’s job.

  • 32
    0

    What we have in this country is not simply a garden variety Kakistocracy but a truly demented and perverted type of kakistocracy. The state and along with it the rule of law have been hijacked by thieves, murderers, torturers, drug kingpins, abductors, rapists, and war criminals. We have a dysfunctional system of administration of justice with law and order consigned to the gutter. The criminals and crooks have now become the custodians of the law.

    Innocent persons are arrested under the obscene and contemptible Prevention of Terrorism Act and put in remand and held incommunicado for indefinite periods without being charged for any crime or being produced in court. There is an utter disregard for Human Rights and common decency by those holding the reins of power. God help our citizens!

  • 12
    0

    No point in commenting – “nidos kota nidahas” the trend of the Sri Lankan Judiciary not will flow into the pen of the President.

    • 5
      0

      Sorry guys,

      There is a typo in the above, the correct one is:

      No point in commenting – “nidos kota nidahas” the trend of the Sri Lankan Judiciary will flow into the pen of the President.

      Sorry for the earlier error.

    • 5
      0

      agree – No point in commenting.
      The judge concerned has a long history of misdemeanours and abuse and his moral probity is in question.
      Two references below. I saw the film based on the Authors book in Sri Lanka, a couple of years ago.
      https://www.amazon.com/Unfinished-Struggle-Investigative-Exposure-Judiciary/dp/9551468074
      “This book is about a prolonged and difficult struggle, which has not yet ended, that an investigative journalist of Sri Lanka had to wage for the dignity and independence of the judiciary. It started with the exposure of a rape of a woman by a magistrate.
      http://www.ft.lk/columns/Nudity-exposed/4-693743
      In response to the complaint made by Jayasekara, a chemical engineer, the Judicial Service Commission investigated the matter and Upali Abeyratne was found guilty, and the report of the investigation was sent to the Attorney General to initiate legal action against him. Tissa Bandaranaike and Mark Fernando were the two Supreme Court judges who had conducted the investigation. It was around this time that Sarath Silva who worked as the President of the Court of Appeal was appointed Attorney General by President Chandrika Bandaranaike after the government change in 1994.

      • 5
        0

        The above is to put matters in perspective.
        Generally we think that the present is bad but forget the fact we came here along the path of the past. Like Neimoller, we are responsible as we did nothing then, but now too late.
        While blame should be ascribed where due, but consider all angles to fix responsibility.

      • 5
        0

        contd….
        ……Sarath Silva, following his appointment as the Attorney General, swept under the carpet, the report sent by the Judicial Service Commission, to protect Upali Abeyratne, the District Judge who acted on his advice, contrary to the law in the case filed by the chemical engineer naming him (Sarath Silva) also a co-respondent of the case.
        This same judge now in the Inquiry.

  • 13
    0

    Hiruni is a smart woman to be in politics. Her education may not be that great. But she predicted this about two three years ago to Ranil Modaya that his politics was putting her & others lives in danger. But Ranil kept overprotecting Royals, but for the sham portrayal of fake justice, he sent to prison Royal’s soul mate like Duminda. Ranil did know that he will come out when Royals take over the Kingdom and would make him to be a minister too. Ranil asked in the parliament if the Old King if that was OK with him to prosecute Old King for the murder of Kathirgamar. Then, many Ha Hoo people here in CT claimed that Ranil had put the democracy back, without understanding the realities in politics. There is guy stood for Jaffna Mayoral selection and became an EPDPyer right after the selection.

  • 17
    0

    We have beaten the record of Mugabe.
    I wonder whether people who voted Gotler to power, realize their folly.
    Government management makes Sillysena Ranil government looks excellent. Corruption and abuse of Judcial process makes Mahinda government excellent.
    If the MPs do not realize their folly and impeach President and topple the government sooner than later, this country will be a hell, it is already close to it except for the cronies and boot likes like soma pasqual etc.

  • 18
    0

    ‘O tempora, O mores.’
    Taken from an oration by the Roman consul Cicero (106–43 BC) as he lamented the corruption into which Rome had fallen.

  • 18
    0

    No surprise. The Gotabhaya Rajapaksa regime is FULL of war criminals, felons, crooks, and even murderers, so this thug will fit in nicely, and join the criminals in running this country. They will be willing to kill for the Rajapaksa’s, that is why they have been appointed.

  • 14
    0

    Bharatha Lakshman shot himself.

    • 6
      0

      Ruwan

      “Bharatha Lakshman shot himself.”

      No, Bharatha Lakshman fell on his own sword to kill himself.

  • 15
    0

    What a travesty is about to be foisted on the Sri Lankan public by a totally decrepit Sir.
    I wonder what Hiru-knickers will have to say about this. Perhaps her father is not really dead, or pray, did he shoot himself?

    Unfortunately, here are no tamils or muslims to be made scapegoats here, and that other “distinguished” peddler of the stuff that cheers, Madush is no longer among us to spill some baked beans and ketchup on the plot.

    So poor Shani gets it in the neck.

    Oh what a poor basket case of a country you have been made into, my mother Lanka.

    Let’s see how our now totally subservient holders of the scales of justice will handle this insult to their collective wisdom. Surely there is a breaking point? When is that going to come?

  • 3
    0

    It was widely speculated prior to the Presidential election, that convicts of the Mirusuvil murder and the Premachandra murder would be pardoned to a release upon assuming office. The first convict was pardoned to a release without much fanfare amidst a strong urge to do so, particularly from the defence establishment with a few months of delay. Strangely there is a delay in the case of the release of the second convict exceeding one year. Why not a Mirusuvil style release? To do that you don’t need a Commission report on political victimization. My gut feeling is that the palms of some parties in the chain of pardoning is itching waiting for the necessary oiling. The necessary amounts may not be within the affordable reach of the parties concerned. One can argue, despite the possible flaws at the high court level the Supreme Court has dismissed the Appeal and therefore if political victimization is alleged then it must be proved that such victimization took place in both the courts. Hence despite this unpublished report of the current commission the powers that may be may not budge an inch adducing the above argument if there aren’t any smoothies.

  • 11
    0

    ” … the courts did not have the benefit of evidence produced before this commission, thereby undermining the process of justice.”
    .
    You think Sri Lankans are fools? How can a court have the benefit of evidence that is produced – actually the word should be ‘manufactured’ or ‘fabricated’ – post trial? In Sri Lanka’s criminal justice system evidence can be ‘shaped’ before, during and after a trial. A commission of inquiry is very much an integral part of this system of fabricating and shaping. Accordingly, as CT points out, this matter was taken up after the commission’s hearings had ended – on Gota’s special directive. Meanwhile poor, young remand prisoners waiting for trial on minor charges at Mahara were shot dead in cold blood for asking for protection from COVID.

  • 5
    0

    Some one asked what is funny about Srilanla. Here is your answer the govt in the pretext of controlling invisible viral pandemic let out mega human viruses, parasites and maggots. 2) created a hysteria about cremation vs pandemic just to insult and humiliate a religion, community and culture, 3) trying to get kickbacks in purchasing cheaper vaccines 4) created a military admin.5) next will be suppressing infor and social media 6) amidst wide spread community infection conducted an election fooling public of a secre environment and got 20A .7) But have decided to postpone PC election because political clergies are dead against it, but tells pandemic as the reason to postpone. 8) yet if a survey is conducted SB will vote to keep them in power for different reasons. Now if this aint funny then you can tell me something more funnier.

  • 5
    0

    By the way wish you vista’s of splendor and prosperity in 2021. You deserve it.

  • 6
    0

    While More military has been promoted over night and rushed to rei fight the loosing war ( though it claimed to have eradicated the virus with the help of media including few experts here) the real experts are sitting round table, working on disposing or exporting dead bodies. Aren’t we lucky

  • 6
    0

    What was the name of the commission??? Free Duminda.

  • 5
    0

    Something bothers me. The photo above shows the hair fairly sparse with side parting but now recent photos show a full head with a little less forehead and different style.
    Remodelled ?

  • 5
    1

    Ha…Sinhalays dont trust their own sinhala judiciary and how can minority trust these guys who are liars and racists.

  • 5
    0

    My view that is called frontal lobectomy. That guy was behaving like an beast even with an intact brain? Imagine how he will be without it ?

    • 1
      0

      Dear chiv,
      .
      You’ve given the quick and witty response – I don’t blame you since I fear that few of our readers ever focus on an issue for more than a minute.
      .
      I know next to nothing of medicine, but this long and harrowing article is very clear in what it says.
      .
      https://www.theguardian.com/science/2008/jan/13/neuroscience.medicalscience
      .
      It looks as though many “frontal lobectomies” were performed about eighty years ago, but are now almost banned. They were designed to turn beasts (like Duminda) into harmless idiots.
      .
      Dear MyView, I think that you should read through that article; if Duminda has been given that treatment he will at least be harmless to others.

  • 5
    0

    My view, by the way , Duminda will not be alone because he has plenty for company currently living in Lanka and here in CT too.

  • 4
    0

    SM, you are right in the sense frontal lobectomy was once the most primitive surgery available for aggressive, explosive, potentially harmful, extremely severe psychiatric, head trauma patient, and even patients with intractable seizures. But if some one sustained diffuse lesion in fronto parietal areas ( worse if it involves both lobes of brain) because of such trauma, injury (gun shot in case of Duminda), infection, tumors such patients can turn into a beast. the reason is most higher centers are located in these area which normally regulates our thinking, behavior and emotions.Patients with such injuries are the most difficult to treat,control their disruptive behavior and needs long term or forensic care. Now a days such surgeries are very rarely or not at all performed. What they perform are laser, stereotactic using gamma knifes to cut and remove precise affected tissues. What I meant is gunshot injury to brain, can lead to partial lesions where the inhibitory centers are affected. In olden days they could have performed the frontal lobectomy, which now has become obsolete, alternate option is forensic prison but Duminda will soon be out. Then what??. I admit as you rightly said my comment was more of sarcasm.

  • 3
    0

    DearChiv and SM.
    My comment was about the VVIP in the photo – not the “Dummy.”
    Obvious change visible in hairstyle.

  • 4
    0

    My View, sorry Bro my mistake. I cant help you with that. Still my guess is whatever answer I gave may my true with the VVIP too. Because his actions are no better than Duminda.

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