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Duminda Silva

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Hon.
Duminda Silva
MP
Member of Parliament
for Colombo
In office
22 April 2010 – 26 June 2015
Majority146,336 Preferential Votes
Member of Western Provincial Council
In office
2004–2010
Personal details
Born
Arumadura Lawrence Romelo Duminda Silva

(1974-12-03) 3 December 1974 (age 49)
Colombo, Sri Lanka
Political partySri Lanka Podujana Peramuna
Residence(s)40/8 Perera Mawatha,
Pelawatta, Battaramulla
Websiterdumindhasilva.com

Arumadura Lawrence Romelo Duminda Silva (born 3 December 1974: as Sinhala :දුමින්ද සිල්වා), popularly as Duminda Silva or R. Dumindha Silva, is a Sri Lankan politician and a former Member of Parliament.[1][2] He is the brother of Raynor Silva, owner of the Asia Broadcasting Corporation.[3] On 8 September 2016 he was sentenced to death by the High Court of Sri Lanka for the murder of Sri Lankan politician Bharatha Lakshman Premachandra, a political rival.

On 24 June 2021 he was released under a special presidential pardon by President Gotabaya Rajapaksa.[4] However, the Supreme Court has issued an interim order suspending the pardon and he was later re-arrested.[5][6]

Political career

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In the July 2004 provincial council election, Silva was elected to represent Colombo District in the Western Provincial Council.[7] He defected from the United National Party to the United People's Freedom Alliance in November 2007.[8] The UNP accused Silva of defecting to the UPFA in the hope that the criminal cases against him would not be pursued and the Asia Broadcasting Corporation's broadcasting licence would be restored.[3]

Silva was re-elected in the April 2009 provincial council election.[2]

In the April 2010 parliamentary election Silva was elected to represent the Colombo District in Parliament.[9]

Shooting and Trial

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During the 2011 local elections, Silva sustained injuries from a shooting and was hospitalized. As a result of the gunfire, former MP Bharatha Lakshman Premachandra and three others were killed. On 15 November 2011, a magistrate ordered Silva's arrest for the killing of Premachandra.[10][11][12][13]

President's Counsel Anil Silva appeared for eleventh accused; Duminda Silva, and Senior Counsel Asoka Weerasooriya appeared for the second, fourth, sixth, eighth and ninth accused. Anuja Premaratne PC appeared for the first accused, Nalin Indatissa PC, Nalin Weerakoon, and Asela Rekawa appeared for the other accused.

The prosecution consisted of a team of lawyers from the Attorney General's Department led by Deputy Solicitor General Thusith Mudalige. About 42 witnesses testified in Court, while 126 documents, including JMO reports and Government Analyst's reports were produced. The proceedings concluded on 14 July 2016.[14]

On 8 September 2016, the High Court of Sri Lanka found Silva and four of his associates guilty and imposed the maximum penalty, the death sentence, on all of them for the killing of Bharatha Premachandra and three of his supporters.[15][16][17] The decision of the three judge High Court Trial-at-Bar was divided with Judges Padmini Ranawake and Charith Morais deciding on a guilty verdict on five of the suspects and Judge Shiran Gooneratne acquitting all suspects of all charges.[18]

It was alleged, before the verdict was announced, that Judge Gooneratne was involved in a conspiracy to acquit the main suspect Duminda Silva.[19] Details of Judge Gooneratne's alleged involvement in this case have been reported in the Sri Lankan press soon after the verdict was announced.[20]

Appeal to Supreme Court

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The Trial-at-bar High Court decision was later appealed at the Supreme Court. A five-judge bench of the Supreme Court presided over by the then Chief Justice Priyasath Dep, included Justices Buwaneka Aluvihare, Priyantha Jayawardena, Nalin Perera and Vijith Malalgoda. The Supreme Court was unanimous in their decision, and rejected the appeal and upheld the conviction unanimously. The Supreme Court ruling was issued on 11 October 2018.[21]

Special Presidential Pardon

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On 24 June 2021 he was released under a special presidential pardon by President Gotabaya Rajapaksa.[22] Michelle Bachelet, the UN High Commissioner for Human rights conveyed her displeasure over the release of Duminda and insisted that Sri Lanka is giving another example for preferential selective granting of pardons.[23]

On 30 May 2022, The Supreme Court has issued an interim order suspending the pardon and he was later re-arrested.[24][25]

References

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  1. ^ "R. Dumindha Silva". Directory of Members. Parliament of Sri Lanka. Archived from the original on 2010-10-13.
  2. ^ a b "Preferences Colombo" (PDF). Department of Elections, Sri Lanka. Archived from the original (PDF) on 2009-12-10.
  3. ^ a b Jabbar, Zacki (14 November 2007). "Duminda joined Govt. to protect family business, personal interests – Attanayake". The Island, Sri Lanka.
  4. ^ "Sri Lanka : Former MP Duminda Silva serving a death sentence released under a special presidential pardon". www.colombopage.com. Retrieved 2021-06-25.
  5. ^ "SC suspends special presidential pardon granted to Duminda Silva". www.adaderana.lk. Retrieved 2022-06-06.
  6. ^ "Duminda Silva arrested by the CID". www.adaderana.lk. Retrieved 2022-06-06.
  7. ^ "Results of Provincial Council Elections 2004" (PDF). Department of Elections, Sri Lanka. Archived from the original (PDF) on 2009-01-07.
  8. ^ "Political horse deals rule the day". The Nation, Sri Lanka. 18 November 2007.
  9. ^ "Parliamentary General Election - 2010 Colombo Preferences" (PDF). Department of Elections, Sri Lanka. Archived from the original (PDF) on 2010-05-13.
  10. ^ "Local Government Election violence - 2011 Colombo Municipality". BBC.
  11. ^ "Bharatha killed, Duminda injured in shooting". The Sunday Leader.
  12. ^ "'Duminda Silva shot Bharatha Lakshman'". BBC.
  13. ^ "Court orders CID to arrest Duminda Silva". TimesOnline. November 15, 2011. Retrieved November 15, 2011.
  14. ^ "Case against Duminda fixed for trial : mirrorcitizen.lk". Archived from the original on 2021-04-15. Retrieved 2021-04-15.
  15. ^ Silva, Shehan Chamika (8 September 2016). "Duminda, four others sentenced to death". The Daily Mirror (Sri Lanka).
  16. ^ "Duminda Silva sentenced to death in Bharatha Lakshman case". News First. 8 September 2016.
  17. ^ "Duminda Silva sentenced to death in Bharatha murder case". India Today. Press Trust of India. 8 September 2016.
  18. ^ "Five sentenced to death over Bharatha Lakshman murder". ITN Sri Lanka. 8 September 2016. Archived from the original on 20 September 2016. Retrieved 19 September 2016.
  19. ^ "Conspiracy to free Duminda Silva in Bharatha Lakshman murder case by Sarath Silva: Black money rides the high horse!". LankaeNews. 26 July 2016.
  20. ^ "Decision of 'Tinkering Baas' that Duminda is not guilty was written by another judge! Conspiracy hatched in Gota's house". LankaeNews. 12 September 2016.
  21. ^ Sooriyagoda, Lakmal. "Supreme Court affirms conviction of Duminda and two others". Daily News.
  22. ^ "Former Sri Lanka MP and murder convinct [sic] Duminda Silva out on presidential pardon". EconomyNext. 2021-06-24. Retrieved 2021-06-25.
  23. ^ bugsbunny (2021-06-24). "UN says releasing Duminda shows arbitrary granting of pardons". Colombo Gazette. Retrieved 2021-06-25.
  24. ^ "SC suspends special presidential pardon granted to Duminda Silva". www.adaderana.lk. Retrieved 2022-06-06.
  25. ^ "Duminda Silva arrested by the CID". www.adaderana.lk. Retrieved 2022-06-06.
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