Convicted Kahawatte PS Chairman cannot attend sessions - AG | Daily News

Convicted Kahawatte PS Chairman cannot attend sessions - AG

Attorney General Dappula De Livera had yesterday advised the Justice Ministry Secretary that the Kahawatte Pradeshiya Sabha Chairman M.W. Vajira Darshana De Silva who was sentenced to death with MP Premalal Jayasekara is disqualified to attend or voting at Pradeshiya Sabha sittings.

On October 5, the Kahawatta Pradeshiya Sabha Chairman Vajira Darshana De Silva requested from the Commissioner General of Prisons to allow him to attend the Kahawatta Pradeshiya Sabha session.

The Attorney General’s Coordinating Officer State Counsel Nishara Jayartne told the news media that the Justice Ministry was informed by the Attorney General following a request made by the Prisons Commissioner General to the Justice Ministry to advise on the matter as Prisons Laws and Regulations do not contain provisions for such request.

The Justice Ministry directed the matter to the Attorney General seeking advice from him in this regard. Vajira Dharshana De Silva had also filed an appeal before the Court of Appeal challenging his death penalty.

Accordingly, the Attorney General said that according to terms of Section 333 (4) of the Criminal Procedure Code, when an accused is sentenced to death, the death penalty should be suspended on appeal and the accused should be treated in accordance with the provisions of the Prisons Ordinance until the appeal is decided.

The Attorney General highlighted that according to Section 9 of the Local Government Election Act, if a person is subject to the death penalty, it will result in the loss of even his right to vote in a Pradeshiya Sabha. Accordingly, the Attorney General pointed out that Vajira Darshana De Silva is disqualified to attend Pradheshiya Sabha session.

On August 1, Premalal Jayasekara and two others who were found guilty of shooting to death a person and critically injuring two others during the 2015 Presidential Election campaign were sentenced to death by the Ratnapura High Court.

The three accused including former MP Premalal Jayasekara, former Sabaragamuwa Provincial Council member Nilantha Jayakody and former Kahawatte Pradeshiya Sabha Chairman Vajira Darshana were charged in connection with alleged assault during the 2015 Presidential election period, killing one person and wounding two others by gunshots as the victims were decorating an election stage of then Common Candidate Maithripala Sirisena in Kahawatta, Ratnapura.

The victim killed in the shooting incident was Dodangodage Susil Perera alias Shantha Dodangoda and the injured were K.Karunadasa Weerasinghe and M.Ilshan.