Ex-President released Jude Shramantha under due process of law: Counsel

2 July 2023 01:55 pm Views - {{hitsCtrl.values.hits}} 15 Bookmark

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Ex-President Maitripala Sirisena‘s counsel told the Supreme Court that Jude Shramantha Jayahama was released from prison following the due Constitutional process which the petitioner had suppressed to Court.

Faizer Musthapha PC contended this while challenging the Fundamental Rights petition filed by the organisation 'Women and Media Collective' against the pardon granted by former President Maithripala Sirisena to Jude Shramantha Jayamaha.

Counsel further asserted that it is unfair to target President Maithripala Sirisena as he had followed the due process of law.

Counsel underscored the fact on what the status would be of 69 other convicts whose death sentences were also commuted by the President.

Counsel questioned whether any Fundamental Rights applications have been filed against the President in those instances. Counsel Musthapha said the process was initiated during the tenure of Ex-President Mahinda Rajapaksa after which the death sentences imposed on 70 other convicts had been committed to life.

He also emphasized that former Attorney General Palitha Fernando had given an opinion that there was no premeditation by Jaymaha to commit the murder.

Counsel Musthapha told court that President Maithripala Sirisena had acted on the advice of the Attorney General and the Minister of Justice and the pardon granted to Jayamaha after three and a half years from commuting his death sentence into life imprisonment.

Counsel Faizer Musthapha PC made these assertions before the three Supreme Court Judges, Justice S. Thurairajah, Yasantha Kodagoda and Janak De Silva during the inquiry into the FR petition filed by the Women and Media Collective against the decision taken by Ex-President Maithripala Sirisena to release Jayamaha from life imprisonment by allegedly violating the law.

Counsel Sanjeewa Jayewardene PC appeared for the petitioner. Counsel Romesh De Silva PC appeared for the aggrieved parents of the deceased Yvonne Johnson.

Further hearing was postponed to July 13. (T. Farook Thajudeen)

Comments - 15

DJ Sunday, 02 July 2023 08:10 PM

It’s because there is no Law.

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DOT Sunday, 02 July 2023 08:56 PM

May be ok with the law, but ethically ?

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kondaya77 Sunday, 02 July 2023 09:17 PM

This is justice for the rich and influential.

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President can pardon any and all murders as it is allowed by law, but that is not justice Sunday, 02 July 2023 09:45 PM

The arguments being made the Musthapha PC is that President did it as he is allowed to do it, and how about the others. The others may have been old, but the release of Jayamaha causes great pain to the parents and family of the murdered innocent. In western country the suffering done unto the innocent (parents and sister of the murdered) is considered. Here nothing, it is all the all powerful elected President to do as he wants.

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Ram Monday, 03 July 2023 02:29 AM

The Procedure requires that the views of the the High Court Judges who heard the case to be made available before a decision is made and was that done.

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Kabir Hashim Monday, 03 July 2023 03:50 AM

Jayamaha can become the next justice minister.

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Edie Monday, 03 July 2023 06:09 AM

What is the story told by former president that Rev.Rathana thero was the one who approached former president to pardon the said prisoner ? Also he mentioned on various YouTubers that large amount of money was involved as Rev.Rathana Thero was the intermediatory ????

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Lawry Monday, 03 July 2023 06:46 AM

This only goes to prove that our laws are wrong. The powers held by presidents must be curtailed. A cruel murderer can still go scott free is he can entice the president with some goodies without the knowledge of the public. The president can sell his soul.

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Mahila Monday, 03 July 2023 12:00 PM

You mean a “Seeni Bolle” President!!!??? Sweeteners alleviate Stress due to lack of USD post Presidential Term Ends!!??

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Jude Monday, 03 July 2023 09:22 AM

Hey you can interprete the law anyway you like it, but the fact of the matter is MS took massive amount of money from the Colombo 7 filthy Rich family to get the pardon, yeah.

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Vernon Monday, 03 July 2023 10:12 AM

If it is according to the law, then obviously there is something wrong with the law. Laws are made in the Parlaiment by those who have gone there mostly with the intention of making money. If not, why do they clamour so much and spend so much to get elected?

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Ayyo-SL Monday, 03 July 2023 11:35 AM

The law is played by the politicians, Supreme Court Judges are appointed by the Politicians, and the country is mortgaged by the Politicians for their own BENEFITS, leaving the people thoroughly messed up. What a wonderful country that we are living in.

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VJ Monday, 03 July 2023 12:44 PM

Sirisena was president for five years, why was this pardon granted few days before the end of his term? The convict was released on condition that he will not leave the country? Is the man in Sri Lanka?

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Sira Monday, 03 July 2023 02:41 PM

This Musthapha guy is benefited from Ayio Sira , he also got the money from Rathana through Sira

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Julie Chung Tuesday, 04 July 2023 12:53 AM

Sirisena wouldn't have done this without any gratuity exchanging hands. A spoilt rich Colombo boy was released from jail. How come there was no Parole board like in the USA to get victim's family's feedback. Disgusting just like what Gotabaya did with Duminda. Money talks

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