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Friday, 18 May 2018 - 18:54
Duminda convicted by fabricating false incidents, President Counsels prove before Supreme Court
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The President Counsels proved before the Supreme Court again that the verdict given by the Colombo High Court against former MP, Duminda Silva is not legitimate.
 
When the Appeal by former MP Duminda Silva was taken up for consideration today (May 18), his President Counsels pointed out that the investigators have fabricated false incidents to make former MP Duminda Silva guilty.
 
The appeal by former MP Duminda Silva requesting the court to acquit him was taken up for consideration before a bench of 5 Supreme Court Judges headed by Chief Justice Priyasath Dep for a 6th day today.
 
Making submissions, President Counsel Anura Meddegoda stated that there is no any legal impact in the judgment against former MP Duminda Silva as it has no any legality.
 
Quoting a special statement made by the 3rd suspect from the dock, the President Council pointed out that the CID had obtained under duress the signature of the 3rd suspect to a few blank papers.
 
He said that the Judges acknowledged in the High Court that the special statement made by the 3rd suspect was faithful.
 
The President Counsel further pointed out that the CID produced before court two firearms as court productions citing they recovered them according to the information gathered from the 3rd suspect.
 
He pointed out that all charges including the arrest of the suspect and the discovery of firearms were fabricated incidents.
 
The President Counsel further said that the CID has concocted episodes to file false charges against former MP Duminda Silva.
 
President Counsel Anura Meddegoda further pointed out that such false incidents were not properly examined prior to the judgment was delivered.
 
On a previous occasion of the hearing of this appeal, President Counsel, Anuja Premarathna also stated that such contradictions and omissions of fabricated evidence against former MP Duminda Silva were pointed out in the High Court.
 
He said such contradictions and omission were not taken into proper consideration before giving the judgment.
 
The President Counsel who pointed out that former MP Duminda Silva had been convicted for offenses that were not filed in the charge sheet said that such conviction is not legal at all.
 
President Counsels further proved before the Supreme Court that the evidence in every incident that was given to make former MP Duminda Silva guilty was contradictory.
 
He said that the verdict has itself stated that such evidence given by the witnesses could not be accepted 100% correct.
 
He stated before the bench of five Supreme Court Judges that under such circumstances, the conviction of former MP Duminda Silva for any charge is not lawful.
 
President Counsel Anuja Premarathna said that the verdict against former MP Duminda Silva had been given neither on the evidence nor on the facts but was based on his personality as a popular political icon.
 
He said that although the verdict is read one hundred thousand times, it is not possible to understand why former MP Duminda Silva had been convicted.
 
President Counsel Anuja Premarathna further proved before the bench of five Supreme Court Judges that the judgment which found former MP Duminda Silva guilty of is not legitimate.
 
Meanwhile, President Counsel Anil de Silva stated that the verdict given by the Colombo High Court is full of omissions.
 
He said that the verdict has been passed by the Judge solely based on the submissions made by the State Counsels.
 
She has failed to examine whether such evidence was proved beyond reasonable doubt.
 
The President Counsel pointed out before the Supreme Court that former MP Duminda Silva was accused of using firearms but no evidence was given during the trial to prove such charges.
 
He pointed out that the shooting at former MP Duminda Silva was instigated by Bharatha Lakshman faction.
 
However such action was completely overlooked by the Judge when she passed her verdict.
 
The President Counsel said that it was proved by several evidence during the High Court trial that former MP Duminda Silva received gunshots at first but the verdict has stated that that was immaterial.
 
Therefore, the President Counsel said it was a fine example to prove that the judgment has ignored that the shooting was instigated by Bharatha Lakshman faction.
 
He also said that the judicial medical reports have also confirmed that Duminda Silva received gunshots in his forehead.
 
President Counsel Anil de Silva further pointed out before the Supreme Court that the High Court has ignored the submissions made by the Duminda Silva faction or the defense submissions and, has conducted the trial merely based on the fictitious incidents and evidence.
 
He said that this Case was filed to tarnish the image of former MP Duminda Silva, therefore, he has been denied a justifiable trial similar to that of any other citizen is entitled to in this case.
 
Therefore, President Counsel Anil Silva requested the Supreme Court to overrule the unlawful verdict that has sentenced former MP Duminda Silva, and acquit him from all the charges.
 
The appeal will be called again for further trial on June 4th.

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