A laudatory judgment after half a century : Duminda sentenced to death..! Facts hitherto unknown and dissenting Tinkering Baas

By Wimal Dheerasekera

(Lanka-e-News -10.Sep.2016, 11.30PM) The High  court , Colombo Thursday (08) delivered  a judgment sentencing to death an ex monitoring M.P. of the defense ministry Arumaadura Lorenz Romelo Duminda De Silva alias Duminda Silva to death, , who is  a most notorious very wealthy criminal;     a media Institution owner ; a ‘Godfather’ to underworld criminals under him ; and who took the law into his hands according to his whims and fancies during the lawless regime of the Rajapakses. This verdict was delivered in connection with the cold blooded  murder by shooting of Bharatha Lakshman Premachandra alias Lucky aiya , well known for his good smaritan  ways in broad daylight on the main road , along with four others. The court in a majority decision declared this verdict .

This decision of the court to a great extent dispelled the growing fears and suspicions harbored by the masses for decades  that the independent judiciary is no longer independent , and is leaning in favor of the rich and the powerful , while  taking stern decisions against the weak ,poor and the destitute .
 
This decision of the court Thursday was on the lines of  the laudable independent judgment delivered on 11 th May 1961 -  the verdict delivered by Justice T. S.Fernando in the murder case of Late S .W.R.D. Bandaranaike against the suspects among whom were religious leaders, most powerful  and the  most affluent . All three suspects , namely Mapitiigama Buddharakitha, Thalduwe Somarama and Hemachandra Piyadasa Jayawardena were sent to the gallows.

It is the writer’s view that there had not been such a bold independent court  decision after that until the 8 th September  court verdict. 

Rohana Wijeweera was given a life sentence after he was proved guilty following the 1971 insurrection. After being pardoned and  coming out in 1978 , the punishment meted out  in 1989 to him for the political murders committed was death without a hearing. Even Prabhakaran too faced death without facing a trial and execution.

Though those who committed the murder of 32 children at Embilipitiya at the behest of others , were punished , the leader of ‘others’ who led , planned and conspired the  genocide was not punished.  Even in the murder of Nalanda Ellawala an M.P. of the very government despite there being eye witnesses , because the murderers were powerful bigwigs , they escaped punishment. If that was not the case , yet   if the criminal is a powerful bigwig  , the Attorney General himself withdrawing  the case was a common occurrence. That is , it was so simple for powerful criminals to come out of the clutches of the law.

This way , what we continued to hear after the sixties was  not punishment duly meted out for crimes following a  court hearing.  The laws and courts were exploited to rescue the powerful from being punished for the crimes , while at the same time  the courts were performing magic to dupe the people. Moreover , if the criminal was not powerful , the punishment was meted out without even a trial . In many cases the criminal  was liquidated after purportedly taking him to show the place where  the weapons were. All these were clearly not a demonstration of genuine  traditional practices of the courts or adherence to the rule of law. This trend began on a small scale in the seventies but escalated by the time the Rajapakses took over the reins.  Thereafter , during the lawless brutal barbaric Rajapakse nefarious decade  the flood gate was opened widely by them for criminals to run amok and for  their criminal activities . Sadly , the masses too got accustomed to the  lawless culture.

In the circumstances , the verdict delivered Thursday against Duminda is a bold and most welcome signal that the Sri Lankan judiciary has begun moving along the right direction after half a century . The judicial decision is an indirect solemn assurance  that the judiciary will in the future follow civilized traditions and legally accepted norms. Historians should write the names of the two  justices, Ms. Padmini N. Ranawake Gunathileke and M.C.B.N. Moraes who paved the way for this  in gold letters for their laudable contributions  to revolutionize the obnoxious and odious trends that existed hitherto. 

We state  this strongly  because the writer knows fully well what amount of pressures were mounted on these two judges . That was why , Lanka e News published a report on July  25 th  under the caption ‘Conspiracy to free Duminda Silva in Bharatha Lakshman murder case by Sarath Silva: Black money rides the high horse !’ The trial of Bharatha Lakshman case was concluded on 14 th July. LeN posted its report on 25 th July  and on the 26 th , brother of Dumindha phoned LeN to make a statement , because he was aware of  the situation  , and not for any other reason. As reported by us before , the culture in which powerful criminals could escape from the arms of the law sans punishment was to that extent by then entrenched among  society. 

The criminal was strong so much so that , while telecasting  a  discussion of the  Prime Minister (P.M.) over Duminda’s television channel on the day previous to the day  judgment was delivered , sought to exert pressures on the case verdict. The P.M. participated in the discussion on the 4 th of  Sunday , but that was telecast on the 7 th , the night before the date of verdict . We  cannot assume that happened by accident.

‘Tinker Baas’ who decided even the shadow  has not committed murder …

The judge Shiran Gunaratne who dissented from the judgment delivered on Bharatha Lakshman murder exonerated all the accused of all charges. His grounds in support of his view was  , the evidence were contradictory . Believe it or not , we revealed his dissent on 25 th July itself . 

 ‘Behind this conspiracy is most infamously famous  ex chief justice (CJ) Sarath N . De Silva and Shiran Gunaratne , president of the panel who became a  judge with the patronage of the former . Shiran being  a direct  ardent follower of notorious Silva , he has  decided already to free Duminda Silva at the behest of Sarath N Silva.’  What we predicted in our report was confirmed beyond any doubt yesterday .

Shiran was also a judge like the other two justices of the panel who became a high court judge after being in the magistrate court . During the period he was serving in the AG’s department he held Sarath N Silva who was a high court judge in high esteem. Therefore he had no genuine  concern or care for the Bharatha Lakshman and the four others who were murdered , being utterly irresponsible despite being a judge. According to Siran ,on the day the cold blooded murders were committed , Duminda Silva was  not guilty of even the charges of unlawful assembly against him . Mind you that was  the  day  of elections . How wonderful ! Not even their shadows have committed murders !

The habit of trying to show  nothing wrong has taken place belongs to  a ‘tinkering baas’ . It is certainly not the habit of a judge belonging to the lofty legal profession. At least , an upright judge will not stoop to that level. It is only a tinkering baas who would try to prove his skill by saying and showing there are no dents or damages on a vehicle he had attended.  Hence , we suggest that judge Shiran to resign his legal profession , and start learning the tinkering job  in which event Shiran  can be of better service to the people. He can also earn the reputation  ‘maru (excellent) tinkering Baas’, instead of incurring the wrath and curse of a nation. Otherwise forever he will have to  live with the disrepute , and label  ‘paga jaja’ (bribe taking Judge) 

A minute part of history ….

In fact the conspiracy to save Duminda Silva in the murder of Bharatha Lakshman commenced not with Shiran Gunaratne . It began even prior to the ghastly murder ..

Two days prior to the incident that occurred on 2011-10-08 – the elections day , following the speech made by Bharatha Lakshman on stage  at the last election rally , the Rajapakses who were drunk and mad with power at that time  had the need to ‘ root him out’ because Bharatha exposed the close links the Rajapakses had with drug dealers , and revealed that Gotabaya along with Duminda Silva visited the homes of  heroin peddlers.

No sooner Bharatha alighted from the stage after his speech than Mahinda Rajapakse via phone making reference to his speech berated Bharatha bitterly . The speech of Bharatha had already reached the ears of the Rajapakses. 
 
The rift between Bharatha and Rajapakses was   brewing  for some time. Owing to that , Rajapakses kept Bharatha confined in a warehouse  in Port for several hours. Lanka e news revealed this at that time.  On the elections day (2011) , Bharatha was murdered with   such a target  earlier planned. 
 
On the elections day , Duminda Silva and his gangsters broke into  the home of Prasanna Solangarachi , and assaulted the latter’s wife , whereupon , she reported it to Bharatha Lakshman.  Bharatha then after telling her ‘ wait nangi , I am coming’ went towards her home. As planned by Duminda , he was met mid way by Duminda and his gangsters.  Then erupted  the conflict.  Although a lot can be written in this regard , let us state  hereunder what was revealed by Baratha’s driver who was the eye witness and  only survivor.

 “It was about 3.30 p.m. when we arrived at Walpola junction. Only a little time was left for voting to close. Baratha told he wanted to go to Mulleriyawa to inspect a number of voting booths. When we were at Walpola junction Duminda came in three Prado vehicles. They blocked the vehicle we were travelling by halting across the road. Dumindha armed with a pistol came forward  scolding in filth. 

Bharatha too alighted from his vehicle. Both of them started scolding each other . At once Dumindha gave a thundering slap to Bharatha which made him fall down.  At that moment Duminda shouted ‘shoot this fellow’, whereupon the person who was close by shot at Bharatha’s leg with a T 56 weapon.

Bharatha started to struggle holding his leg. . Just then somebody said ‘shoot  him in the head and finish him.’ No sooner this was told , those who were near Dumindha started firing repeatedly at Bharatha’s chest and head.  The two  security officers who were with Bharatha then wanted to lift him and take to the  rear side of the Jeep. The group with Dumindha then fired at them too.'' 

Shiran Gunaratne who ought to  be a tinkering baas and not a judge , in spite of such overwhelming evidence and facts , was still of the opinion Dumindha shall be exonerated of all charges, and acquitted.

Secrets that did not surface …

Justice Padmini N. Ranawake Gunatileke delivering the majority decision yesterday said , based on the medical report , Dumindha was drunk while Bharatha wasn’t. In addition , a most shocking revelation was , the firearm used not only to kill Bharatha , but even  others was  that  belonging to the LTTE. On 2011-10 -11 , that is three days after the murder of Bahratha , Lanka e news under the caption ‘Famous’ SSP Deshabandu is directly involved in Bharatha murder ! -here is the cogent and clear evidence…’ revealed as follows :

 “Deshabandu SSP had been in the vehicle – a Pajero No. 64-0940 with tinted glass, reports say. With him a police officer Kamal of the Mirihana police had been in it. The security officer of the SSP Deshbandu Tennekoon had been in a Maruti vehicle behind his Pajero. Before this shooting incident , a T 56 weapon had been taken and hidden inside a pohora (manure) bag on the sly at a Temple called Kande Vihara at Kolonnawa and loaded into the Deshabandu’s vehicle.”

The LTTE weapon that was mentioned in the judgment delivered Thursday is that weapon. In any case , Deshabandu did not become an accused , to the rude shock of all .

The tremendous efforts made by the murderous Rajapakse government to save Dumindha is well and widely known , and therefore dwelling on that topic is unnecessary, specially because , though Duminda Silva is forgetful , the people are not. However , the attempts to expunge evidence against Dumindha which had not been exposed hitherto shall be made known… 

The four accused apart from Duminda Silva who were sentenced to death Thursday are :

Anura Thushara De Mel ( the police officer who was with Dumindha) ,Chaminda Ravi Jayanath alias Dematagoda Chaminda ( the notorious kudu Chaminda), Sarath Bandara and Priyantha Janaka Bandara . Priyantha Janaka Bandara was not present at the trial, and it was told he has gone missing. That disappearance was not just another disappearance. This was a disappearance caused by the Rajapakses to rescue Dumindha. Because he could become a witness he was abducted and murdered .In like manner another individual who was in hiding was taken from the house he was hiding and liquidated.  Blaming on the underworld leaders ,the entire operation was suppressed. In this case like how Deshabandu escaped , these two murders too did not get exposed .

Hirunika’s statement expressing her satisfaction…

After the verdict was delivered , Hirunika the daughter of Late Bharatha Lakshman who was full of emotion made the following statement which is specially noteworthy ..

 “If the government has not changed , there was a possibility for this verdict to be changed . Because the new president took over the reins ,  rule of law was adhered to , and supremacy of the law was given due protection that this correct decision was made possible. Everyone was sentenced to death . Anyway we are not that inhuman to rejoice in another’s suffering , We who suffered have now been rewarded – justice has been meted out .   Even until today we are grieving . Even when we go home today , we feel  we are hearing our father’s voice. Like how we were successful, if only justice is duly meted out in respect of  the murders of Lasantha, Thajudeen  and  Ekneliyagoda , it is only then those who suffered owing to those murders too will also be happy.”
 
Hirunika instead of being selfishly satisfied that  justice has been done as regards her father’s murder ,insisted   while weeping that  justice shall be meted out to all others similarly .  This statement of hers is a good omen  for  the future of young generation of politicos. 

Duminda loses his memory again …

The statement made by Duminda Silva in court that he is not guilty, is of grave importance.  He said again ’Consequent upon the shootout , I too was shot at. Thereafter I could not remember anything’
 
Truly speaking , Duminda  ‘forgot’ how to live as a good human being long before he received the gunshots. Since the day he somersaulted to strengthen the two brutal ‘hands’ of Rajapakse he lost his memory – he forgot who is a good  human being . That was precisely why he raped two under-aged  sisters  having forgotten who is a  good human being .

He managed to escape from those crimes because the Attorney General of the then lawless barbaric Rajapakses withdrew the case . After that he lost his memory some  more regarding a good human - he completely forgot who is a good human being. While selling heroin , about 5 kilos a day , he lost his memory still   more about good living . Finally , even that little remaining memory about good life and living frittered away when he began worshipping a villainous devil incarnate like Gotabaya Rajapakse .

At least when experiencing the death sentence , if his memory which had faded off revives , and he remembers what is  good life and living ,  he can find solace in the next world.

No matter what , following the verdict delivered yesterday against Duminda Silva ,  one thing is sure , the brutal corrupt and lawless Rajapakses must be shivering from top to bottom much more than they would after an electric shock treatment . Earlier only some parts of theirs were dangling , but now not only  those  even   others must be dislodging themselves in search of safer pastures.  

By Wimal Dheerasekera 

Translated by Jeff 

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by     (2016-09-10 23:39:23)

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  1 discussion on this news

Well and good for yahapaalanaya. In vain all the money Duminda baas spent on bogues hospital bills from Singapore.Notwithstanding, Duminda baas, in true Sri Lankan tradition, has still the possibility to produce a medical certificate stating that he is medically unfit to face the death penalty and by the time he gets well enough, yahapaalanaya will be in the doldrums.
-- by Loku Amma on 2016-09-13

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