Duminda convicted for charges not mentioned in the indictment
The President’s Counsels proved before the Supreme Court (May 14) that although there is evidence to prove that former MP Duminda Silva was shot at first, neglecting such evidence, an unlawful verdict has been given against the former MP.
The appeal filed by former MP Duminda Silva was taken again before a bench of five Supreme Court Judges led by the Chief Justice, Priyasath Dep.
The Appeal which has been filed by former MP Duminda Silva, requesting the Court to acquit him was taken for consideration for a 5th day today.
President’s Counsel Anuja Premarathna stated that it is proven during several testifying in the High Court trial that former MP Duminda Silva was shot at first and the President Counsel argued then how does the High Court verdict state that such proofs are immaterial.
Further, the President’s Counsel pointed out that the Judicial Medical report too has also authenticated that gunshots had hit former MP Duminda Silva’s forehead.
Later, he quoted a statement made by the 12th defendant from his Court box.
His statement describes that the CID asked him to admit to the shooting and, he was named the 12th defendant and indicted him as he did not plead guilty to a crime he never committed.
The President Counsel stated although the statement by the 12th defendant has been recognized as faithful in the same verdict, that special statement has not been properly evaluated in this verdict although a statement made from a Court box is considered to be of paramount importance.
President Counsel Anuja Premarathna who pointed out that action has been taken to make former MP Duminda Silva guilty of charges which are not filed in the indictment against him said that such action is not lawful whatsoever.
He further proved that there were no common objectives as both factions met in the incident accidentally.
In addition, the President Counsels pointed out again several more omissions in the verdict today.
The verdict has admitted that evidence by none of the witnesses could be accepted as 100 percent true.
The High Court verdict is not legitimate as one of the members of the bench of 3 Judges did not present his verdict.
Making the judgment neither on the evidence nor on the facts but on the hypothesis and assumptions and, former MP Duminda Silva as a popular political icon.
No explanation has been made in the verdict for not considering the omissions and contradictions of the evidence that concocted to make former MP Duminda Silva guilty.
The verdict has been given by the Judge solely based on the submissions made by the State Counsels without examining whether such evidence was proved beyond reasonable doubt.
former MP Duminda Silva has been made guilty for using firearms although no such evidence was given during the trial and,
Overlooking the oral submissions made by the former MP Duminda Silva faction are among them.
Concluding his oral submissions, President’s Counsel, Anuja Premarathna emphasized again today that although this verdict, full of contradictions and omissions is read one hundred thousand times, it is not possible to understand why former MP Duminda Silva has been convicted.
The appeal will be taken for further hearing on May 18th.