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by Wasantha Ramanayake

The Supreme Court yesterday dismissed the Inoka Sevwandi Murder Appeal affirming the conviction and the Death sentence imposed on the accused by the Trial-at-Bar.

The Bench comprised Chief Justice Sarath N. Silva PC, Justices Dr. Mrs. Shirani Bandaranayake, P. Edussuriya, H. S. Yapa, and Asoka de Silva.

Dismissing the appeal of the accused-appellant Prabath Manabandana de Saram, Chief Justice Sarath N. Silva PC observed that case had been proved beyond reasonable doubt that the accused appellant had committed the offence. " The evidence establishes beyond reasonable doubt that the accused appellant is guilty of the offence with which he has been convicted. Accordingly, I affirm the conviction and the sentence imposed and dismiss this appeal."

The accused-appellant Prabath Manabandana de Seram of Kurukulawa, Ragama was convicted and sentenced to Death by the Colombo High Court with committing the murder of the woman soldier Inoka Sevwandi Weerasekera of Pahala Karagahamuna, Kadawatha, on or around September 2, 1999. The body of the victim was found buried in the home garden of the accused.

The Judgment stated that the deceased, Inoka Sevwandi, was 24 years old at the time of her death and had served a brief period as a soldier in the Sri Lanka Army at Anuradhapura.

"She was last seen alive in her parental home at Pahala Karagahamuna on the Ragama-Kadawata Road. Her mother Lalitha Piyaseeli, stated in her evidence that when she left the house at 9 am September 2, 1999, the deceased was asleep in her room and there was no one else in the house.

When she returned from her place of work the front door was locked and the key was near the door mat. The deceased was missing. Later, a complaint was made to the court.

The accused-appellant was arrested by IP Samudrajeewa of the Western Province Special Investigation Unit at Peliyagoda who was in-charge of the investigation on March 1, 2000. He made a statement to the IP that he would point out the place where the body of the deceased was buried in the compound of his father's house at Kurukulawa, Ragama. On March 3, pursuant to an order made by the Magistrate, the place was excavated in the presence of the Magistrate and the Judicial Medical Officer (JMO) of Colombo South Dr. Ananda Samarasekera and the putrefied body of the deceased was found. According to the JMO, death could have been caused approximately six months before. The cause of death was determined as a fracture of the left hyoid bone caused by manual strangulation.

The JMO found marks on the neck which were caused by pressure being applied by tightening a strip of a sling bag. The compound of the premises in which the body was buried was protected by an eight foot wall and a person had to pass through more than one gate to reach the place of burial. All the houses in the compound were owned by the father of the accused and some of them were tenanted."

The Attorney General indicted the businessman Prabath Manabandana de Seram and I. L. S. Sriyakanthi with committing the murder of the Inoka Sevwandi. The latter was acquitted after the trial.

The Chief Justice referred the case to be heard before a Trial-at-Bar considering the grave nature of the crime and the public outcry against the accused.

Additional Solicitor General Priyasath Dep PC with State Counsel Achala Wengappuli, Counsel Mohan Seneviratne and Ms. Hari Priya Jayasundara appeared for the Attorney General.

Ranjth Abeysuriya PC with Dinusha Mirihana, Lanka de Silva and Leo Perera appeared for the accused-appellant.

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