VITHANALAGE ANURA THUSHARA DE MEL VS HON. ATTORNEY GENERAL

• Jurisdiction: Sri Lanka
• Case Number: 2018SCLR2A_DC2017Y
• Date: 11 October 2018
• Citation: 2018SCLR2A_DC2017Y
• Court: Supreme Court (Sri Lanka)
• Type of Document: Unreported judgment

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Vithanalage Anura Thushara De Mel

vs

Hon. Attorney General

Supreme Court
Case No: SC/TAB/2A - D/2017

High Court
Trial-at-Bar Case No: 7781/2015

In the matter of an Appeal under and in terms of section 451 of the Code of Criminal Procedure Act No. 15 of 1979, Act No.21 of 1988, against the judgment dated 08.09.2016 in the Trial-at-Bar bearing No. 7781/201

Vithanalage Anura Thushara De Mel

1st Accused - Appellant

Srinayaka Pathiranalage Chaminda Ravi
Jayanath

2nd Accused - Appellant
Kowile Gedara Dissanayaka
Mudiyanselage Sarath Bandara

3rd Accused - Appellant

Arumadura Lawrence Romelo Duminda
Silva
4th
Accused -Appellant

Vs.
Hon. Attorney General
Attorney General's Department,
Colombo 12.

Complainant-Respondent

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Before : Priyasath Dep PC, CJ
: Buwaneka Aluwihare, PC, J
: Priyantha Jayawardena, PC, J
: H.N.J. Perera, J
: Vijith Kumara Malalgoda, PC, J

Counsel : Anuja Premaratne, PC with Iromie Jayarathna,
Ms. Nayana Dissanayake, Ms. Naushalya
Rajapaksha and Ms. Imasha Senadeera for
the 1st Accused-Appellant.

Anura Meddegoda, PC with Ravindra de Silva
and Saranga
Wadasinghe for the 2nd
Accused-Appellant.

Saliya Pieris, PC with Anjana Rathnasiri and
Ms. Harindrini Corea for the 3rd
AccusedAppellant.

Anil Silva , PC with Shavindra Fernando, PC,
Shanaka Ranasinghe, PC and Nisith Abeysuriya,
for the 4th
Accused-Appellant.

Thusith Mudalige, DSG with Mrs. Nadee
Suwandurugoda, SC for the Attorney General.

Argued on : 27.11.2017, 26.03.2018, 27.03.2018, 08.05.2018,
10.05.2018, 14.05.2018, 18.05.2018, 04.06.2018,
20.06.2018, 21.06.2018, 03.07.2018,
12.07.2018,18.07.2018, 20.07.2018 and 25.07.2018.

Decided on : 11.10.2018

The Hon. Attorney General forwarded indictment against the Accused for committing offences described in the indictment. On an application made by the Attorney General the Chief Justice ordered a trial-at-bar. The case commenced before a Trial at Bar consisting of Hon. A.L. Shiran Gunaratne (Chairman), Hon.

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Mrs. Padmini N. Ranawaka and Hon. M.C.B.S Moraes. The following Accused were indicted. They are:

1. Vithanalage Anura Thushara De Mel

2. Hetti Kankanamlage Chandana Jagath Kumara

3. Srinayaka Pathiranalage Chaminda Ravi Jayanath

4. Kodippili Arachchige Lanka Rasanjana

5. Wijesuriya Aarachchige Malaka Sameera

6. Vidanagamage Amila

7. Kowile Gedara Dissanayaka Mudiyanselage Sarath Bandara

8. Morawaka Devage Suranga Premalal

9. Chaminda Saman Kumara Abeywickrema

10. Dissanayaka Mudiyanselage Priyantha Janaka Bandara Galaboda

11. Arumadura Lawrence Romelo Duminda Silva

12. Rohana Marasinghe

13. Nagoda Liyanaarachchi Shaminda

Charges

1. That the Accused, with persons unknown to the prosecution on or about the 8th day of October 2011 at Angoda, Mulleriyawa and Himbutana within the jurisdiction of this court were members of an unlawful assembly, the common object of which was criminal intimidation of voters with the use of firearms at the local government elections held on the said date, and thereby committed an offence punishable under section 140 of the Penal Code.

2. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, by continuing to be members of the said unlawful assembly by using force and violence on the crowd at the Angoda Rahula Vidyalaya polling station committed the offence of intimidation and rioting and which offence was committed in prosecution of the common object

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of the said assembly or knew to be likely to be committed in prosecution of the common object of the said assembly and therefore the Accused being a member of such unlawful assembly at the time of committing that offence has committed an offence punishable under section 144 to be read with section 146 of the Penal Code.

3. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, committed criminal intimidation on Hewpathirannahalage Thivanka Madushani Pathirana in prosecution of the common object of the same assembly and as the Accused as a member of the said unlawful assembly knew that such offence could have been committed in the prosecution of the common object of the of the unlawful assembly or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence has committed offences of Criminal Intimidation punishable under section 486 to be read with section 146 of the Penal Code.

4. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge committed criminal intimidation on Police Constable 87075 Madadenidurayalage Damith Suranga Kumara who was on guard duty at Rahula Vidyalaya, Angoda by threatening the said Madadenidurayalage Damith Suranga Kumara by using a pistol in prosecution of the common object of the unlawful assembly or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence has committed criminal intimidation, punishable under section 486 to be read with section 146 of the Penal Code.

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5. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, with one or more members of the said unlawful assembly caused the death of Bharatha Lakshman Premachandra and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in prosecution of the common object of the unlawful assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence committed offences of murder punishable under section 296 to be read with section 146 of the Penal Code

6. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, at Mulleriyawa that one or more of the members of the said unlawful assembly caused the death of Gusmithinadura Damitha Darshana Jayathilake and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in prosecution of the common object of the unlawful assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence committed offences of murder punishable under section 296 to be read with section 146 of the Penal Code.

7. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, at Mulleriyawa, that one or more of the members of the said unlawful assembly caused the death of Jalabdeen Mohammed Azeem and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in prosecution of the common object of the unlawful assembly, or such as the members of that

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assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence committed offences of murder punishable under section 296 to be read with section 146 of the Penal Code.

8. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, at Mulleriyawa, that one or more of the members of the said unlawful assembly caused the death of Maniwel Kumaraswamy and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in prosecution of the common object of the unlawful assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence committed offences of murder punishable under section 296 to be read with section 146 of the Penal Code.

9. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, and continuing to be members of the same unlawful assembly that one or more Accused shot at Rajapurage Gamini and caused injures to him with intention or knowledge under such circumstances that if he by that act caused death, the Accused would be guilty of murder and thereby committed the offence of attempt to Murder in prosecution of that object and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in the prosecution of the common object of the unlawful assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence of Attempted Murder punishable under section 300 to be read with section 146 of the Penal Code.

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10. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge with others unknown to the prosecution, by using force and violence on the crowd at the Angoda Rahula Vidyalaya polling station committed the offence of rioting and thereby committed offences punishable under section 144 to be read with section 32 of the Penal Code.

11. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge with others unknown to the prosecution, caused the death of Bharatha Lakshman Premachandra and thereby committed an offence punishable under section 296 read together with section 32 of the Penal Code.

12. That...