The appeal filed by former MP Duminda Silva requesting the Court to acquit him was taken for the 7th day today.
The bench chaired by the Chief Justice Priyasad Dep.
A common agenda
Making submissions, President Counsel Anura Meddegoda stated that although the High court verdict stated that former MP Duminda Silva ordered one of his guards to obtain a firearm, none of the witnesses has stated so.
Quoting the High Court verdict, the President Counsel stated that the opinion of the Court was also that former MP Duminda Silva did not brandish a gun and intimidated the voters although such an accusation had been made against the former MP.
Therefore he pointed out that former MP Duminda Silva should be acquitted from the charges of acting under a common agenda.
The President Counsel stated that another charge had been made that former MP Duminda Silva assaulted an individual, the evidence of that incident was not proved beyond reasonable doubt.
The President Counsel pointed out that the security guards of former MP Duminda Silva have returned fire as part of discharging their duty.
Intention of making guilty
They did so after the first shots were fired by the Bharatha Lakshman faction.
He stated that the investigators have created false incidents with the intention of making former MP guilty although he is innocent in that incident.
The President Counsel further stated that such factors were pointed out during the trial; however, they were not analyzed before convicting the former MP.
The President Counsel who quoted the High Court verdict also said that the vital evidence including the Government Analyst’s reports was not analyzed before issuing the verdict.
President Counsel, Anura Meddegoda pointed out to the bench of Supreme Court Judges that under such circumstances, there is no any legitimacy in the verdict that convicted former MP Duminda Silva.
Every evidence contradictory
On the previous hearings, the President Counsels proved before the Supreme Court that every evidence submitted in an attempt to make former MP Duminda Silva guilty were contradictory and, the Court verdict has stated itself that none of the evidence that was given during trial could be treated as 100 percent acceptable.
They stated that Duminda Silva has been made guilty for some offenses that were not in the charge sheet and such action cannot be legal for whatsoever.
They stated that there were contradictions and omissions in the evidence that were fabricated to make former MP Duminda Silva guilty.
Although such contradictions and omissions were pointed out during the High Court trial, they were not properly treated before giving the verdict.
They further pointed out that the CID has filed forged charges against former MP Duminda Silva by creating fabricated incidents.
The President Counsels pointed out that former MP Duminda Silva was indicted for using firearms but no any evidence was submitted during the trial.
They said that the Bharatha Lakshman faction had first started the shooting where former MP Duminda Silva became a victim, that incident was neglected in giving the verdict.
The President Counsel said that it was proved well by sufficient evidence that former MP Duminda Silva was shot at first. However, the High Court verdict has stated that that incident was no pertinent and, it was the best example to that effect.
They also said that judicial medical reports have also confirmed that former MP Duminda Silva received gunshots on his forehead.
Verdict given merely on popular political recognition
He said the High court verdict has been given not on the submissions or evidence made before the Court but it has been given merely on former MP Duminda Silva’s popular political recognition.
They said although the verdict is read one hundred thousand times, it is not possible to understand why former MP Duminda Silva has been convicted.
Therefore the president counsels proved before the Supreme Court that the High court verdict that convicted former MP Duminda Silva is not legitimate at all.
They said the High court judge has given the verdict, without examining whether the evidence is proved beyond reasonable doubt but based on the opinions submitted by the state counsels.
Denied a justifiable trial
The President Counsels further pointed out before the Supreme Court that the High Court has ignored the submissions made by the Duminda Silva faction or the defence submissions and, has conducted the trial 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 has been denied a justifiable trial similar to that of any other citizen is entitled to in this Case.
The appeal will be called again tomorrow.
Jun 04, 2018
"Bharatha faction fired first, verdict given against Duminda not lawful" Featured
President’s Counsel, Anura Meddegoda pointed out to the Supreme Court today (June 04) that the Bharatha Lakshman’s faction first opened fire and, the second faction returned fire as the duty cast on them was to protect the life of former MP Duminda Silva.
He further proved before the bench of five-bench Supreme Court judges that the verdict given by the Colombo High court is not legitimate.