• Attorney General should once in two months file a motion in Court setting out steps taken with regard to judge’s direction
• Justice Yasantha Kodagoda ordered that the Attorney General should, with the assistance of the relevant competent authorities, set in motion a procedure to locate the respondent

By Kelum Bandara  

In the wake of the announcement of the judgement, the family of victim Yvonne Jonsson, said this ruling is not only a victory for our family but also for all who believe in the rule of law.  

Her sister Caroline Jonsson who issued the statement on behalf of the family said it is also a significant step for all female victims in Sri Lanka, affirming that their lives and dignity cannot be compromised by arbitrary decisions.  

“The Supreme Court ruling that former President Maithripala Sirisena’s pardon of Yvonne’s murderer is arbitrary and not valid in law brings us a profound sense of relief and justice.  

The tragic and brutal loss of Yvonne has left an unfillable void in our hearts, causing us immense and ongoing pain. The pardon felt like a deep betrayal, compounding our grief and anguish. This judgement reaffirms the importance of justice and accountability, emphasizing that decisions of such significance cannot be made on a whim.  We are deeply grateful to the judiciary who worked tirelessly on this case and held integrity throughout the entirety of this matter.   

It is, however, imperative that the murderer is swiftly located and brought back to prison. This is not just about closure for our family; it’s pivotal in ensuring that justice is truly served. We cannot allow a loophole in extradition agreements to impede the pursuit of justice. Holding the murderer accountable for his actions, regardless of where he chooses to hide, is non-negotiable.  

Thank you to everyone who has stood by us and supported us through this relentless journey. We will forever continue to honour Yvonne’s memory. Every action we take, every step we make, is a tribute to her enduring spirit and the love she brought into our lives,”she said.    

SC orders authorities to take steps towards convict’s extradition

• Orders to forthwith locate the convict 

By Lakmal Sooriyagoda  

While declaring Royal Park murder convict Don Shramantha Jude Anthony Jayamaha to be considered a convict on death row, the Supreme Court yesterday ordered the Attorney General and all relevant authorities to take all required steps towards his extradition arrangements.  

In his judgement Justice S. Thurairaja observed that necessary orders pertaining to Jude Shramantha’s extradition should be issued by the Colombo High Court.  

In a separate judgement, Justice Yasantha Kodagoda ordered that the Attorney General should forthwith, with the assistance of the relevant competent authorities, set in motion a procedure aimed at locating respondent Jude Jayamaha and in terms of the applicable law and agreements with foreign countries, to have him located, brought back to Sri Lanka, apprehended and be placed back in prison to serve life imprisonment. 

Justice Kodagoda further observed that the Attorney General should once in every two months file a motion in Court setting out steps taken with regard to the implementation of this direction and the associated development.  

Also in his judgement, Justice Janak De Silva, observed that the Attorney General should once in every two months file a Motion in Court setting out steps taken with regard to the implementation of this order and the associated development. Justice Janak De Silva also ordered the authorities to take necessary steps to have the respondent Jayamaha located, brought back to Sri Lanka.  

On November 29, 2019, the Supreme Court issued an interim order directing the Controller General of Immigration and Emigration to prevent Don Shramantha Jude Anthony Jayamaha from leaving the country, without court permission. However, it was revealed that Jayamaha had left the country soon after the Presidential pardon was granted.   

Authorities to pursue extradition of Jayamaha

By Darshana Sanjeewa Balasuriya  

Following the Supreme Court’s ruling declaring former President Maithripala Sirisena’s pardon of Don Shramantha Jude Anthony Jayamaha as arbitrary and invalid, Sri Lankan authorities have intensified efforts to bring the convicted murderer back to the country, suspected to be in Singapore.  

However, Sri Lanka’s efforts are likely to hit a snag in this regard because no extradition treaty has been signed yet with Singapore.  

Such an agreement can be signed only with the concurrence of the two countries. Sri Lanka has signed such agreements with numerous other countries.  

According to police sources, Jayamaha, who had been serving a prison sentence for the Royal Park murder case, left Sri Lanka on November 15, 2019, just days before an interim order was issued prohibiting him from leaving the country.  

It was revealed that Jayamaha had obtained a passport on November 13, 2019 immediately after receiving the presidential pardon.  

It was reported that Jayamaha is currently residing overseas, suspected to be in Singapore, and authorities are seeking international assistance for his extradition.”  

“Since he officially left the country, after the pardon, the police can only request authorities in certain countries that he is now a wanted prisoner and request to deport him to the country,” Police Spokesman DIG Nihal Thalduwa said.    

SC orders Maithripala to pay Rs.1 M to petitioner

By Lakmal Sooriyagoda  

The Supreme Court yesterday ordered former President Maithripala Sirisena to pay Rs. 1 million to the petitioner in the Fundamental Rights petition filed challenging former President Sirisena’s decision to grant a Presidential pardon to Royal Park murder convict Don Shramantha Jude Anthony Jayamaha. 

The Court held that the petitioner, Women & Media Collective organization should hold such money in trust and spend it for the purposes that are in the best interests of female victims of crime and this sum of money should be paid within one month of this judgement.  

In another landmark judgement pertaining to the scope of the pardon granted by the executive President, the Supreme Court yesterday ruled that former President Maithripala Sirisena’s decision to grant a Presidential pardon to Royal Park murder convict Don Shramantha Jude Anthony Jayamaha is arbitrary and not valid in law.   

Accordingly, the Supreme Court three-judge-bench comprising Justices S. Thurairaja, Yasantha Kodagoda and Janak de Silva ordered to set aside two Presidential pardons granted to Shramantha Jude Anthony Jayamaha for not following the Constitutional provisions.   

The Supreme Court declared that former President Maithripala Sirisena violated the Fundamental Rights of the petitioner under Article 12(1) of the constitution while granting Presidential pardon to the above mentioned respondent.  

The Women & Media Collective organization had filed this Fundamental Rights petition challenging the legality of former President Sirisena’s decision to grant Presidential pardon to the Royal Park murder convict.  

The Supreme Court observed that former President Sirisena has failed to comply with the procedural requirements (1) to (4) enumerated above as required by the Proviso to Article 34(1) of the Constitution before granting the 1st and 2nd pardons to the respondent Jayamaha.  

According to the judgement, in May 2016, the sentence of death imposed upon Jude Jayamaha was commuted to one of life imprisonment by a Presidential Pardon (1st Pardon), purportedly in pursuance of the recommendations made by the then Minister of Justice, Dr. Wijeyadasa Rajapakshe, PC.  In November 2019, less than a decade into the sentence of death imposed upon the convict by the Court of Appeal, former President Sirisena, in the final weeks of his presidency, granted the Presidential Pardon (2nd Pardon) to the convict purportedly exercising his powers under Article 34 of the Constitution. As a result, the Respondent was released from prison on 8th, November 2019.  

Jude Anthony Jayamaha was indicted before the High Court by the Attorney General for committing the murder of Yvonne Jonsson (who was 19 years of age at the time), on or about 01.07.2005 in terms of Section 294 of the Penal Code and punishable under Section 296 of the Penal Code. On 1st July 2005, the body of Yvonne was discovered, lying in a pool of her own blood, on the 19th floor stairway of the Royal Park Apartment Complex, where her family had made home.  

Jude Anthony Jayamaha was tried before a single judge of the High Court sitting without a jury. By the judgement dated 28.07.2006, the High Court judge pronounced a finding of culpable homicide not amounting to murder, thereby convicting the accused and sentencing him to a term of 12 years of rigorous imprisonment in conjunction with a fine of Rs. 300,000.  

Subsequently, the Attorney General had filed an appeal in the Court of Appeal on the basis of the inadequacy of the sentence, as well as to have the finding of culpable homicide not amounting to murder set aside and converted to one of murder and sentenced to death.  

The petitioner stated that President, though vested with the Constitutional power to grant a pardon, does not have the freedom to do so in gross violation of the Rule of Law, as well as all notions of justice, equity and rationality, as well as in reckless disregard of the sensibilities and sensitivities of the matter, including the existence of an aggrieved family, which is still to come to terms with the gruesome murder of Yvonne Jonsson, whose life was snuffed out at a very young age at the hands of the accused.  

The Petitioner pleads that there has been a gross violation of the Fundamental Rights of the Petitioners as well as the citizens and people of Sri Lanka, as well as of the family of Yvonne Jonsson, amounting to a violation of Article 12(1), in which there is a guarantee of equality and equal protection of the law.  

President’s Counsel Sanjeeva Jayawardena with Counsel Rukshan Senadheera appeared for the petitioner. President’s Counsel Romesh de Silva appeared for the victims. Faizer Mustapha PC appeared for former President Maithripala Sirisena. Saliya Peiris PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.