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Monday, 13 August 2018 - 7:24
The verdict on Duminda Silva’s Appeal expected soon
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The time to file written submissions on the Appeal made by former MP Duminda Silva requesting to acquit him has now concluded.

Accordingly, the Supreme Court is scheduled to announce its judgment.

Former MP, Duminda Silva filed an Appeal in the Supreme Court stating that he was denied a fair trial by the High Court which he is entitled to as guaranteed by the constitution.

Amidst legal arguments by several senior President Counsels and a Deputy Solicitor General of the Attorney General’s Department, Duminda Silva’s Appeal was heard for nearly for 5 months.

The High Court verdict was reconsidered during the Appeal by a five bench Supreme Court judges led by Chief Justice Priyasath Dep.

The President Counsels pointed out that the High Court verdict against former MP Duminda Silva indicates as if it has been based neither on the evidences nor on facts and law but with the intention of tarnishing the image and personality of a popular political icon.

The councils stated that even if the judgment is read hundred thousand times, it is not possible to find a reason why former MP Duminda Silva was convicted.

Making further submissions, the President Counsels pointed out before the Supreme Court several other factors which the Attorney General’s Department also agreed to.

The first shot was fired at Duminda Silva

Bharatha Lakshman’s security guard, Gamini fired two shots to Duminda Silva’s head

Duminda Silva sustained fatal injuries by the two gun shots

Duminda Silva was immediately evacuated from the scene of the incident and was rushed to the hospital

Duminda Silva never used any firearm on any occasion

No firearm handled by Duminda Silva at any time during the day under review

In addition, the President’s Counsels reiterated that Bharatha Premachandra’s bodyguard “Gamini” fired the first shot injuring Duminda Silva, as emphasized by the attorney general’s department, which in fact precipitated and ignited all subsequent events.

The President Counsels also stated that when Duminda Silva was preparing to leave the place, Bharatha Lakshman’s faction shot him.

They further stated that both factions would have dispersed peacefully if Bharatha Lakshman’s faction did not opened fire, grievously injuring Duminda.

The President’s Counsels stated that Duminda Silva who sustained grievous penetrating gunshot injuries to his head, fell unconscious and was immediately taken to the hospital, and as such cannot be held responsible for any events that took place thereafter.

The President Counsels further pointed out that under such unexpected circumstances; it is obvious that Duminda Silva had not visited the place of the incident with the intention of carrying out a shooting.

They posed the question, how under these circumstances Duminda Silva, who was unconscious and evacuated immediately from the scene, could be made guilty of a murder charge.

The President’s Counsels pointed out before the panel of five-member Supreme Court judges that under such circumstances, Duminda Silva should not have been made an accused and made guilty of murder charges.

They further pointed out that the investigators worked backwards and fabricated events to implicate and charge former MP, Duminda Silva.

The President’s Counsels also stated that Duminda Silva was deprived of a fair trial even though the judgment itself says that none of the witnesses can be relied upon 100%.

Extracting points from the High Court judgment itself, the President’s Counsels placed before the Supreme Court instances where the investigators have threatened and intimidated witnesses to fall in line with false evidence fabricated by them and those who did not compromise were listed as accused.

In addition, the President Counsels pointed out before the Supreme Court that there is doubts as regards to the fabrication of evidence in respect of an accused in this case and that the recovery of a gun were made under suspicious circumstances obtaining signatures on blank papers.

This casts doubts on the investigations which for unknown reasons was directed on a partisan manner to find Duminda Silva guilty and thereby convicted.

They said that 62 omissions and contradictions of evidence were marked during the hearing of the Trial at Bar but ignored completely.

They further stated that the prosecution deliberately suppressed calling vital witnesses as if they were called it would have been unfavorable to the prosecution and would have drawn adverse inferences against the prosecution by omitting proper presentation of facts.

The President’s Counsels stated that the benefit of the doubt created by such omissions and contradictions should have been given in favor of Duminda Silva’s faction, but ignored for some unknown reason.

It was further asserted and summarized during the verbal submissions that there was no proper judgement within the law and deprived a fair trial to the accused as guaranteed by the constitution.

They reiterated that there was serious misdirection on the facts as well as the law which caused a miscarriage of justice.

The judgement indicates that the witnesses’ evidences has not been properly assessed and evaluated.

They concluded their verbal submissions by stating that the prosecution has failed to prove the case against Duminda Silva beyond reasonable doubt with facts in line with the accepted standard of the law, and pleaded to allow the appeal of Duminda Silva and set aside the convictions, sentences and acquit him from all the charges on which he has been convicted.  

After all the oral submissions were concluded on July 25th, Chief Justice, Priyasath Depp informed all factions to submit written submissions before August 10th.

The Chief Justice stated that the Supreme Court will announce the verdict of the Appeal thereafter.



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