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By Upali Ranaweeera
By a majority decision of the Gampaha High Court Trial-at-Bar, twelve accused were found guilty of committing the murder of former Polonnaruwa District Parliamentarian Amarakirthi Atukorala during the “Aragalaya” protests on June 9, 2022, and were sentenced to death.
The three-member Trial-at-Bar bench comprised Justices Sahana Mapa Bandara (President of the Bench), Rashmi Singappuli, and Rasantha Godakawela.
In a dissenting judgment, Justices Rashmi Singappuli and Rasantha Godakawela found twelve accused Dhanishka Lakshan,Dilshan Fernando, Tharindu Sunilratna, Satya Kumara Charuka Deshan, Sanath Weera Prasanna, Madu Bhashitha Jayaweera, Rangana Ruwan Nandasena, Dilaka Prabath Jayatillaka, and Iresh Ashan Peiris guilty of murder, convicted them, and sentenced them to death. The trial proceeded in the absence of accused Iresh Ashan Peiris.
Delivering the sentence, Justice Rashmi Singappuli ordered prison authorities to detain the convicts at Welikada Prison pending the President’s order.
In a separate judgment, Justice Sahana Mapa Bandara held that all the accused should be acquitted of all charges due to insufficient evidence. By unanimous decision, 23 accused were acquitted of all charges.
The Court sentenced four accused to six months’ imprisonment, suspended for five years, and imposed a fine of Rs. 10,000 each. They were further ordered to pay Rs. 50,000 each as compensation to the wives of the late Amarakirthi Atukorala and his security officer. In default of payment of the fine and compensation, they are to serve three months’ and 12 months’ imprisonment, respectively. The Court directed that the fines and compensation be paid yesterday.
The four accused who received suspended sentences were Ishan Saravanaz, Dilshan Anuranga Surasinghe, Ujith Sagara Prasanna, and Suwineeth Prasanna Kumarasinghe.
When asked whether they had anything to state before sentencing, the convicts maintained that they were not involved in the murder or any related offence and pleaded in mitigation.
The Deputy Solicitor General, appearing for the Attorney General, submitted that the case was significant as, for the first time in Sri Lanka, the trial was based on forensic and technical evidence, and expressed gratitude to the judges.
State Counsel Oswald Perera, Sachinthana Fernando, and Yasaara Kodagoda appeared for the prosecution.
President’s Counsel Upali Mohotti, together with Attorneys-at-Law Suranga Gunatilaka, Shirani Disanayake, Ranjith Jayaratne, Pradeep Perera, Thiwanka Chinthaka, and Namal Bamunuarachchige, appeared for the accused.