Welikada Prison Riots: Lower court error frees former Prison Superintendent Lamahewa from death row

By Lakmal Sooriyagoda   

The Supreme Court yesterday ordered to acquit former Superintendent of Magazine Prison Emil Ranjan Lamahewa who was sentenced to death by Colombo High Court Trial-at-Bar over the killing of eight inmates on November 09, 2012.  

The Supreme Court delivered this judgment pursuant to an appeal petition filed by Emil Ranjan Lamahewa challenging the Trial-at-Bar conviction and sentence.  The Supreme Court five-judge-bench comprised Justices Vijith K. Malalgoda, S. Thurairaja, Shiran Gooneratne, Achala Wengappuli and Priyantha Fernando.   

Justice Malalgoda observed that the illegalities of the Trial-at-Bar findings are fatal in nature which permits him to answer the questions of law in favour of the accused. Accordingly, the Supreme Court decided to set aside the conviction imposed on the accused by the Trial at Bar. 

President’s Counsel who appeared on behalf of the accused challenged the legality of the Trial-at-Bar judgment on following grounds; the prosecution has failed to prove the charges beyond a reasonable doubt, the Judges of the Trial at Bar failed to consider the matters favourable to the accused, the trial Judges has drawn wrong inferences on the facts, the trial judges had misdirected themselves in considering the belatedness of the evidence of the main prosecution witnesses and trial Judges had misdirected themselves in analyzing the evidence relating to IP Rangajeewa and the accused.   

Anil Silva, PC and Anuja Premaratna, PC appeared for the accused. Deputy Solicitor General Dilan Ratnayake and Deputy Solicitor General Madhawa Tennakoon appeared for the 
Attorney General.   

The Attorney General had filed indictments before Trial at Bar against Inspector of Police Rangajeewa, former Superintendent of Magazine Prison Lamahewage Emil Ranjan and Indika Sampath, an officer attached to the Prisons intelligence unit in connection with the Welikada Prison Riot under 33 counts including committing murder, conspiring to commit murder after being members of unlawful assembly.   

However, first accused Inspector of Police Neomal Rangajeewa of the Police Narcotics Bureau was ordered to be acquitted and released from all charges by Trial at Bar as prosecution failed to prove its case beyond reasonable doubt.