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Sujith Prasanna murder : Death sentence for Three

by Sarath Malalasekera and Indeewara Thilakarathne

All three accused including the Assistant Superintendent of Customs Anura Weerawansa in the Custom Officer Sujith Prasanna Perera murder were convicted on all four charges and sentenced to death by the Trial-at-Bar yesterday.



Anura Weerawansa, first accused in Customs Officer Sujith Prasanna murder, Vajira Indrajith (second accused) and Saman Udaya Kumara (third accused) being escorted by prison and police officers to the court cell. Picture by Ravindra Seneviratne

The Trial- at- Bar comprised High Court Judges S. Sriskandaraja (President), Eric Basnayaka and Maxwell Paranagama. The first accused Anura Weerawansa was charged with conspiracy and aiding and abetting to commit the murder of Sujith Prasanna Perera.

The Second and third accused Wajira Indrajith and Saman Udayakumara respectively were charged for committing the murder of Sujith Prasanna at Wedamulla, Kiribathgoda, Kelaniya on March 24, 2001 while he was on his way to attend a class.

In the 77 typed-page judgement read by three judges stated that the three accused Anura Weerawansa, Wajira Indrajith and Saman Udayakumara in this case agreed and acted together with the common purpose of committing the murder of Sujith Prasanna Perera.

Fans and the lights in the court room were put off and pin drop silence prevailed when the President of the Taial-at-Bar sentenced the three accused to death. The Court was satisfied that the circumstantial evidence led in this case established the fact that the three accused conspired to commit the murder of Sujith Prasanna Perera.

" We are also satisfied that those facts are of such a nature that they are inconsistent with any reasonable hypothesis of their innocence,' the judgement stated. The family members of the accused and the deceased were present in packed court house when the judgement was delivered.Before the pronouncement of the death sentence on the accused the President of the Trial at Bar asked whether they had anything to say.All three accused told court that they were innocent and that they will appeal against the judgement.

'We are of the considered view that the circumstantial evidence ought to be viewed, analysed and evaluated, adopting the observation of Baron Pollock, in Regina vs Exell 176 English Report Nisi Privy 853. Where the judge observed that the circumstantial evidence is more like a case of a rope composed of several strands. One strands of the rope may be insufficient but the several strands together would be of quite sufficient strength," the Judgement added.

The circumstantial evidence led by in this case satisfied this court that the circumstances established were consistent in the fact that the three accused conspired to commit the murder of Sujith Prasanna Perera. The evidence of the three accused and the evidence led for the accused do not create a reasonable doubt on the prosecution case that the first accused conspired and intentionally aided the third accused to commit the murder of Custom Officer Perera.

The fact that the third accused fired the fatal shot and when firing he had the murderous intention could be drawn from the following facts.

Gun shot fired at close range. The assailants looking back to make sure that they hit the target. Reporting back the successful completion of the mission.

Deputy Solicitor General Rienzie Arasacularatne with Senior State Counsel Buvanake Aluvihare, State Counsel Mohan Seneviratne, Sahani Kularatne and Shien Tissera appeared for the prosecution with the CID and the Gampaha Police crime Division.

Channa Gunaratne, U.R. de Silva, Neville Abeyratne, Buddhika Jayasinge , Anil Wijenayaka, Prasad Sirimanna, Miss Damayanti Amarakoon, Shashi Kumar Ramanathan appeared for the first accused Anura Weerawansa.

Duwan Dissanayaka, Jaliya Samarasinghe , Lakshita Jayawardana and Sanjeya Kodituwakku appeared for the second accused.

Wajira Indrajith. Jayaweera Bandara, Champani Padmasekara, and Pradeep Gamage appeared for the third accused Saman Udayakumara. The aggrieved party was represented by Prasantha Lal de Alwis with Amal Randeniya and Mahesi de Alwis.

HNB-Pathum Udanaya2002

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