The Colombo High Court decision to sentence five of the accused including former MP Duminda Silva for the murder of former MP Bharatha Lakshman Premachandra has created some discussion among the legal fraternity.

High Court Judge Padmini N. Ranawaka decided that five of the thirteen accused were guilty of several counts and Judge MCBS Moraes agreed to it. However, Judge Shiran Gunaratne, who headed the trial-at-bar gave a different judgement, aquitting all accused of the charges.

The argument of Judge Gunaratne was based on the fact that there were discrepancies in the testimonies given by several witnesses at different occasions. This creates a doubt as to whether their testimonies were correct, the argument went.

Judge Ranawaka also acknowledged that there were discrepancies but considered the testimonies made to the court as her basis. She indicated the initial statements to police may have been given under threats and duress. However, no witness had complained to the court of a threat to them when they gave their initial statements to the police.

Usually the initial statement is considered to be more trustworthy in the case of contravening statements since the later statements could change due to various factors and influences. Especially when a witness gave one testimony to the police on two occasions and gave a different testimony in the court, that testimony should be considered with utmost care.

Some witnesses of the prosecution gave contravening statements and some were found to be false. Meanwhile, the police had acted in an unprofessional manner in conducting the invesgitation.

Meanwhile the argument that the accused acted with one intention could also be challenged since it has been found that the incident was not pre-planned. Therefore, the fact that several people were sentenced for the same reason could be challenged.

Furthermore, it was found that only one gun released the fatal shots. Incidentally, the first shot had been fired from the Premachandra side, it was said.

(Subhash Jayawardena - Sathhanda)