In a landmark judgment, the Supreme Court of Sri Lanka invalidated former President Maithripala Sirisena’s decision to grant a Presidential pardon to Royal Park murder convict Don Shamantha Jude Anthony Jayamaha. The three-judge bench, comprising Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva, ruled that the pardon was arbitrary and not in accordance with the law.
The court found that Sirisena’s pardon violated the Fundamental Rights of the petitioner, who was represented by the Women & Media Collective organization, and breached the public trust doctrine. This organization had filed a Fundamental Rights petition challenging the legality of the pardon granted to Jayamaha.
Don Shamantha Jude Anthony Jayamaha was convicted for the 2005 murder of Yvonne Jonsson at the Royal Park condominium in Colombo and was serving a 12-year prison sentence. The Presidential pardon, issued in November 2019, sparked widespread controversy and led to significant public outcry.
The Supreme Court’s judgment underscored that the constitutional provisions were not followed in granting the pardon. Consequently, the court ordered that the two Presidential pardons granted to Jayamaha be set aside. The authorities have been instructed to take necessary steps in accordance with the law to implement the original sentence imposed on Jayamaha.
During the proceedings, President’s Counsel Sanjeeva Jayawardena, along with Counsel Rukshan Senadheera and Ranmali Meepagala, represented the petitioner. President’s Counsel Romesh de Silva appeared for the victims of the crime. Faizer Mustapha PC defended former President Sirisena, while Saliya Peiris PC represented the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.
The judgment reaffirms the judiciary’s role in upholding the rule of law and ensuring that executive decisions are subject to legal and constitutional scrutiny. This case serves as a significant precedent in evaluating the scope and limits of Presidential pardons in Sri Lanka.
How an Indian media house reported on the presidential pardon for Royal park Murder convict
