Duminda treated unfairly - Verdict intended to make him guilty – Verdict contains many shortcomings
Tuesday, 08 May 2018 - 18:53
Two President Counsels proved before the Supreme Court today (May 08) that the verdict given by the Colombo High Court against former MP Duminda Silva is illegitimate.
When the Appeal by former MP Duminda Silva was taken for consideration today, his President Counsels pointed out that the verdict on former MP Duminda Silva has a lot of faults thereby proving that it has been given with the intention of convicting the former MP.
The Appeal by former MP Duminda Silva requesting the Court to acquit him was first taken for consideration before a bench of 5 Supreme Court Judges chaired by Chief Justice Priyasath Dep on March 27th.
Making submissions for the Appellant, President Counsel, and Anil de Silva who pointed out the faults of the High Court verdict said that it was schemed to convict former MP Duminda Silva.
He said that the verdict has been given by the Judge solely based on the statements made by the State Counsels. The Judge has not scrutinized whether the evidence was proved beyond reasonable doubt.
The President Counsel pointed out before the Supreme Court that Duminda Silva was accused of using firearms but no evidence was given during the trial to prove such charges.
He further stated that irrelevant evidence was given with regard to other charges as well. He said that 62 contradictions and shortcomings were marked during the trial.
The President Counsel said that such benefits of the doubt should have been given to the Duminda Silva faction but the Judge has neglected to do so.
In addition, the President Counsel logically proved that incidents were concocted intending to make Duminda Silva guilty.
He pointed out that the shooting at Duminda Silva was instigated by Bharatha Lakshman faction. However such action was completely overlooked by the judge when she issued her verdict.
President Counsel Anil de Silva further pointed out before the Supreme Court that the High Court has ignored the say by the Duminda Silva faction or Defence submissions and has conducted trial solely 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 was denied of 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 verdict which has unlawfully sentenced former MP Duminda Silva and acquit him from all the charges.
Later, the Case was taken before the bench of 5 Supreme Court judges again for the third day today.
Making submissions before the Court, President Counsel Anuja Premarathna also stated that the verdict given against former MP Duminda Silva was unlawful.
The President Counsel who pointed out the shortcomings of the verdict under 10 factors said that the verdict was given neither on the evidence nor on the submissions. He said it was given on the fact that Duminda Silva is a popular political icon.
He further said that although the verdict is read one hundred thousand times, it is not possible to understand why Duminda Silva has been convicted.
The President Counsel said that the shortcomings and contradictions of the false evidence that created to make Duminda Silva guilty, have been marked during the trial.
Quoting the evidence of the High Court, the President Counsel stated that the Court did not explain the reason to not consider such doubts before it gave a unilateral verdict.
He said that the High Court has given a sentence for possessing a firearm without any evidence to prove it.
The President Counsel said that the verdict by the High Court itself has stated that a single Judge of the three-member bench has no authority to mete out punishment.
Thus, President Counsel Anuja Premarathna proved before the bench of five Supreme Court Judges that the verdict which convicted former MP Duminda Silva is neither an actual nor an authentic verdict.
The Appeal will be called again for further trial on this Thursday.