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| Saturday, 31 July 2004 |
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Bindunuwewa murder case: Crime OIC's inaction to stop mob was wilful by Wasantha Ramanayake The natural consequence of the dereliction of duty by the fourth accused-appellant was the mass murder which took place on October 26, 2000 submitted Solicitor General Chitranjan R. de Silva PC before the Supreme Court hearing Bindunuwewa Mass Murder Appeal yesterday. The specially constituted Bench of five Supreme Court Judges comprised Justices Asoka de Silva, T.B. Weerasuriya, Nihal Jayasinghe, N.E. Dissanayake and Raja Fernando. The Solicitor General submitted that in terms of the Police Ordinance, the person was legally bound to do what was illegal to omit and to allow the murder of 26 inmates was thus illegal to omit and; therefore, he was duty bound to protect them. The SG submitted that the fourth accused-appellant Bandarawela Crime OIC S.D. Karunasena allowed the crowd to swell around the perimeter. He submitted that the crowd was not peaceful but was violent. They were casting abusive remarks and were throwing stones into the camp. The SG submitted that the fourth accused-appellant had not taken any step to stop the crowd from attacking the inmates. He referred it inaction of the fourth respondent and the inaction was wilful in the absence of any explanation forthcoming from him. Earlier, the court acquitted fifth accused-appellant T.R.R. Ratnayaka when the SG informed the court that he would not support the conviction on the basis of lack of evidence. Dr. Ranjit Fernando concluded his submissions on behalf of the 1-3 appellants, three villagers of Bindunuwewa and D.S. Wijesinghe PC for the fourth accused-appellant Crime OIC Bandarawela. The five accused-appellants M.A. Samy, D.M.S. Dissanayake, R.M. Premananda, S.D. Karunasena and T.R.R. Ratnayaka cited the Attorney General as the respondent. They were convicted and sentenced to death by the specially constituted Trial-at-Bar on July 1. They were initially charged with 83 counts including unlawful assembly, committing the murder on 28 inmates and attempted murder on 14 others at the Bindunuwewa Rehabilitation Centre at Bandarawela on October 25, 2000. Solicitor General Chitranjan R. de Silva PC with Senior State Counsel Nihal Jayamanna and the State Counsel Priyantha Nawana appeared for the Attorney General. Dr. Ranjit Fernando appeared for the 1-3 accused-appellants. D.S. Wijesinghe PC appeared for the 4 accused-appellants. The SG would resume his submissions resume on September 2 and 3. |
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