The Deputy Solicitor General, Thusith Mudalige told before the Supreme Court today (Jul 18) that shots were first fired on the head of former MP, Duminda Silva and, the shooting was first started by a bodyguard of Bharatha Lakshman, Gamini.
The appeal by former MP Duminda Silva requesting the court to acquit him was taken again for consideration before a bench of 5 Supreme Court Judges chaired by Chief Justice Priyasath Depp today.
Making the submission on behalf of the Attorney General’s Department, the Deputy Solicitor General said that Bharatha Lakshaman’s bodyguard, Gamini fired the shots first and former MP Duminda Silva fell on the ground after he received Gamini’s gunshots in his head.
During previous hearings, the president counsels stated that it was proved by some evidence during the High Court trial that former MP Duminda Silva was shot at first and the medical reports have also proved that Duminda Silva received gunshots in his forehead.
The president counsels further said that the verdict against former MP Duminda Silva has been given neither on the evidence nor on the facts but based on his personality as a popular political icon.
The said that although the verdict is read one hundred thousand times, it is not possible to understand why former MP Duminda Silva has been convicted.
Thus, they pointed out that the verdict which convicted former MP Duminda Silva is neither actual nor authentic.
They said that the High Court judge has given the verdict based on the opinions submitted by the state counsels but without examining whether the evidence is proven beyond reasonable doubt.
The president counsels further pointed out before the Supreme Court that the High Court has ignored the submissions made by the defendant and has conducted the trial merely based on the fictitious incidents and evidence.
They 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.
In addition, the president counsels further pointed out before the Supreme Court that the evidence in every incident that was given to make former MP Duminda Silva guilty was contradictory.
They said that the verdict has itself stated that such evidence given by the witnesses could not be accepted as 100% correct.
They said former MP Duminda Silva has been made guilty of charges which are not included in the indictment and, that is not legal at all.
They said despite the omissions and contradictions were pointed out in the High court they were not taken for proper consideration in giving the judgment. They stated that the CID has made false charges against former MP Duminda Silva by fabricating such incidents.
The president counsels pointed out before the Supreme Court that charges were made against former MP Duminda Silva on using firearms but they did not produce any evidence to prove them during the trial.
In addition, charges were made that former MP Duminda Silva intimidated voters but the Court was of the opinion that such charges have no any truth.
Therefore former MP Duminda Silva should be acquitted of the charge that he acted under a common agenda, they noted.
The president counsels said that the security guards of former MP Duminda Silva have returned fire under the vested power in them to perform their duty after Bharatha Lakshman’s faction started firing first.
They said the investigators have created false incidents to make former MP Duminda Silva somehow a culprit of this incident.
They said that such facts including the report of the Government Analyst and other evidence were produced during the High Court trial, former MP Duminda Silva was convicted without taking such concrete evidence into consideration.
The further hearing will be held on Friday.
