{"id":70830,"date":"2020-11-08T18:18:26","date_gmt":"2020-11-08T23:18:26","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=70830"},"modified":"2022-06-09T21:16:43","modified_gmt":"2022-06-10T01:16:43","slug":"murder-of-bharatha-lakshman-premachandra-and-conviction-of-duminda-silva","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=70830","title":{"rendered":"Murder of  Bharatha Lakshman Premachandra and Conviction of Duminda Silva"},"content":{"rendered":"<p><b>by D.B.S.Jeyaraj<\/b><\/p>\n<p>The Government of President Gotabaya Rajapaksa  achieved a significant victory last week when the 20th Constitutional Amendment was passed in Parliament with 156 MP\u2019s voting in support and 65 Voting against. The 20th Amendment which  has now become law  restores  full-fledged powers to the executive presidency. Earlier the 19th Constitutional Amendment passed in 2015 had circumscribed some of the presidential powers. However  critics allege that the 20th Amendment to the  1978  Constitution has empowered President Rajapaksa To a very great extent in the same manner in which the 2nd Amendment to the 1972 Constitution made  former President JR Jayewardene a \u201cConstitutional Dictator\u201d.<\/p>\n<p> <a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Screenshot_2020-11-01-21-31-592.png\"><img decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Screenshot_2020-11-01-21-31-592-600x759.png\" alt=\"\" width=\"600\" height=\"759\" class=\"aligncenter size-large wp-image-70824\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Screenshot_2020-11-01-21-31-592-600x759.png 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Screenshot_2020-11-01-21-31-592-237x300.png 237w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Screenshot_2020-11-01-21-31-592.png 720w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><\/a><\/p>\n<p>Although  news items pertaining to the 20th Amendment hogged much of media limelight,  there had been another interesting development  also last week that made quite a media splash. The well informed political Editor of our sister newspaper the \u201cSunday Times\u201d stated in the weekly political column  that the office of the  Chief Government whip had circulated among MP\u2019s a petition calling for the  pardon and release of former MP  Duminda Silva who  is currently a murder convict. The petition appealing to President Gotabaya Rajapaksa for clemency towards Duminda Silva  was distributed  on October 20  at the Govt Parliamentary Group Meeting presided over by Prime Minister Mahinda Rajapaksa. \u201cThe fact that the Chief Government Whip\u2019s office staff circulated the petition and almost all MPs who attended the group meeting placed their signatures makes clear the exercise had official blessings. When the petition goes to President Rajapaksa, the release of Duminda Silva is thus a strong likelihood\u201d opined the \u201cSunday Times\u201d report. It later transpired that several Govt MP\u2019s had not signed the petition while a few opposition  Parliamentarians had also  endorsed the document in a surprise move.<\/p>\n<p><!--more--><\/p>\n<p><b>Arumadura Lawrence Romelo Duminda Silva<\/b><\/p>\n<p>Arumadura Lawrence Romelo Duminda Silva known as Duminda Silva is a former provincial councillor and ex \u2013 MP. He was elected  Provincial councillor  from Colombo district on the UNP ticket in 2004. Silva defected to the UPFA Govt headed by then President Mahinda Rajapaksa in 2007. He was re-elected  Provincial councillor in 2009 also and appointed Organizer for the Kolonnawa electoral division. In 2010, Duminda Silva was elected to Parliament from Colombo district.  He was appointed monitoring MP of the Defence ministry and was closely associated with the then Defence Ministry Secretary and present President Gotabaya Rajapaksa.<\/p>\n<div id=\"attachment_70826\" style=\"width: 310px\" class=\"wp-caption alignright\"><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Duminda-Silva_850x460_acf_cropped2.jpg\"><img aria-describedby=\"caption-attachment-70826\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Duminda-Silva_850x460_acf_cropped2-300x254.jpg\" alt=\"\" width=\"300\" height=\"254\" class=\"size-medium wp-image-70826\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Duminda-Silva_850x460_acf_cropped2-300x254.jpg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/Duminda-Silva_850x460_acf_cropped2.jpg 543w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/><\/a><p id=\"caption-attachment-70826\" class=\"wp-caption-text\">Arumadura Lawrence Romelo Duminda Silva<\/p><\/div>\n<p>Duminda Silva was involved in a shooting incident in 2011 during local authority  elections where former MP Bharatha Lakshman Premachandra and three of his body guards were killed.  The High Court of Sri Lanka  convicted  Duminda Silva and four of his associates  for murder and imposed the death sentence on them in  September 2016. Subsequently the sentence was appealed but a five judge bench of the Supreme Court upheld the murder conviction in 2018.<\/p>\n<p>The  shooting of Bharatha Lakshman Premachandra  and conviction of Duminda Silva was a controversial episode in contemporary Sri Lankan history.Bharatha Lakshman Premachandra known as \u201cLucky Aiya\u201d  and three of his bodyguards were killed on October 8th 2011 in what was described as a shoot-out near the Walpola junction close to Mulleriyawa town about six miles away from Colombo city.Another bodyguard was seriously injured. Elections to several local authorities were being held on that day. Among these was the Kotikawatte-Mulleriyawa Pradeshiya Sabha.Bharatha Lakshman Premachandra had been engaged in hectic canvassing for his prot\u00e9g\u00e9e Prasanna Solangaarachchi on that day when the incident occurred.<\/p>\n<p>The clash was not between two rival political parties. It was between two groups of fellow United Peoples Freedom Alliance(UPFA)activists. One group was led by Bharatha Lakshman Premachandra . The other was led by the then Colombo district MP Duminda Silva.Those who had witnessed the incident told the authorities as well as the media that Duminda Silva had provoked the clash and along with his sidekicks had been responsible for the deaths of Bharatha and three others. These statements were given wide prominence in the media.<\/p>\n<p><b>Long Delay In Legal Proceedings<\/b><\/p>\n<p>There was however an inordinate delay in effective legal proceedings being instituted. There was a long period of perceived procrastination attributed euphemistically to the law\u2019s delays. Most people however suspected that the close relationship between Duminda Silva and powerful persons in the Mahinda Rajapaksa regime  was the stumbling block.The matter dragged on for years and it was widely believed that the aphorism \u201cJustice delayed is justice denied\u201d was being proven true in this instance also.<\/p>\n<p>In an understandable yet naive bid to secure justice while working within the ruling establishment, Premachandra\u2019s widow and daughter associated closely with President Mahinda Rajapaksa.Sumana Premachandra like her late husband was appointed as an adviser to President Rajapaksa.<\/p>\n<div id=\"attachment_70827\" style=\"width: 310px\" class=\"wp-caption alignright\"><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/z_p04-Hirunika.jpg\"><img aria-describedby=\"caption-attachment-70827\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/z_p04-Hirunika-300x290.jpg\" alt=\"\" width=\"300\" height=\"290\" class=\"size-medium wp-image-70827\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/z_p04-Hirunika-300x290.jpg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/z_p04-Hirunika.jpg 465w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/><\/a><p id=\"caption-attachment-70827\" class=\"wp-caption-text\">Hirunika Premachandra<\/p><\/div>\n<p>Daughter Hirunika Premachandra identified herself with the ruling Rajapaksa regime. In 2014 she contested on the UPFA ticket at elections for the Western provincial council. She won from Colombo district topping the preference votes list. In spite of all these efforts the quest of justice for Bharatha seemed as elusive as ever.<\/p>\n<p>Hirunika\u2019s opportunity came when Maithripala Sirisena broke ranks with the Govt in November 2014.She seized the moment by hitching her wagon to the star from Polonnaruwa.In 2015 Hirunika contested Parliamentary elections from Colombo district on the United National Party(UNP) ticket and won.Duminda Silva however was denied nomination for polls by President Maithripala Sirisena.<\/p>\n<p>The advent of a new dispensation under President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe in 2015  saw a fresh breeze blowing in musty judicial corridors. The Attorney-General filed an indictment in courts on March 2015 for the killings of Bharatha Lakshman Premachandra,Dharshana Jayathilake,Mohamed Azmi and Manivel Kumaraswamy and also for inflicting gun shot injuries on Rajapurage Gamini. The indictment consisted of 17 charges against 13 suspects including Duminda Silva.Chief Justice Kanagasabapathy Sripavan appointed in May 2015 a three-member bench for Trial \u2013at \u2013 bar proceedings. The bench comprised three high court judges namely Shiran Guneratne,Pathmini Ranawaka  and M. C. B. S. Moraes. The chairman was Shiran Guneratne.<\/p>\n<p><b>Trial-at-bar Proceedings<\/b><\/p>\n<p>Trial \u2013 at \u2013 bar proceedings began on May 22nd 2015. The case was heard on a regular basis from September 12th 2015. The names of the 13 accused were Chandana Jagath Kumara, Lanka Rasanjana, Malaka Sameera, Widanagamage Amila, Suranga Premalal, Saman Kumara, Saman Abeywickrema , Rohana Marasinghe,Duminda Silva, Anura Thushara de Mel, Chaminda Ravi Jayanath alias Dematagoda Chaminda, Dissanayake Mudiyanselage Sarath Bandara and Janaka Bandara Galagoda. The last named was tried in absentia as he was absconding. The accused were charged under sections 296, 140, 146, 147, 486 and 300 of the Penal Code and some clauses of the Firearms Act.<\/p>\n<p>Among the 17 charges were committing and conspiring to commit murder of four individuals, attempted murder, possessing illegal firearms,inflicting gunshot injuries, unlawful assembly and criminal intimidation on or around October 08, 2011. A team of lawyers from the Attorney \u2013 General\u2019s Dept led by Deputy Solicitor General Thusith Mudalige represented the prosecution. 42 witnesses testified in Courts .126 documents including Government Analysts reports and JMO reports were produced.<\/p>\n<div id=\"attachment_70825\" style=\"width: 230px\" class=\"wp-caption alignleft\"><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/220px-Bharatha_Lakshman_Premachandra_1956-2011.jpg\"><img aria-describedby=\"caption-attachment-70825\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/220px-Bharatha_Lakshman_Premachandra_1956-2011.jpg\" alt=\"\" width=\"220\" height=\"274\" class=\"size-full wp-image-70825\" \/><\/a><p id=\"caption-attachment-70825\" class=\"wp-caption-text\">Bharatha Lakshman Premachandra<\/p><\/div>\n<p>Trial at bar proceedings concluded on July 14th 2016.The verdict in the high profile trial was delivered on September 8th 2016. It was a divided verdict with two of three judges finding five of the accused guilty and acquitting eight others. One judge however found all thirteen accused not guilty. High court Judge Shiran Guneratne who presided over the Trial at bar exonerated all 13 accused in the murder trial citing lack of integrity of the witnesses produced by the prosecution and the inability to prove charges beyond reasonable doubt. He said that the benefit of doubt should go to the accused.Fellow High Court judges Pathmini Ranawaka and M. C. B. S. Moraes differed from Guneratne . This resulted in a two to one majority verdict.<\/p>\n<p><b>Two to One Majority Verdict<\/b><\/p>\n<p>High Court Judge Pathmini N. Ranawaka pronounced the Two to One majority verdict in the packed courthouse with Judge Moraes concurring. Judge Pathmini Ranawaka delivering the majority verdict stated that the prosecution had proved during the trial that the provocative conduct of eleventh accused Duminda Silva led to the whole incident.T he Judge further observed that the evidence submitted has proved that Duminda Silva had provided leadership to the unruly behaviour of the mob and therefore he should be held responsible for the whole incident. She further said that the JMO reports have revealed that Duminda Silva was under the influence of liquor at the time of the incident, but deceased Bharatha Premachandra was not so.The verdict also rejected the argument put forward by the defence during trial that Silva had been shot at first by the Premachandra faction.<\/p>\n<p>Courts then acquitted and discharged eight of the accused.They were \u2013 Chandana Jagath Kumara, Lanka Rasanjana, Malaka Sameera, Widanagamage Amila, Suranga Premalal, Saman Kumara , Saman Abeywickrema and Rohana Marasinghe. Death sentence was pronounced for five persons. They were \u2013 Duminda Silva, Anura Thushara de Mel, Chaminda Ravi Jayanath alias Dematagoda Chaminda, Dissanayake Mudiyanselage Sarath Bandara and Janaka Bandara Galagoda. The tenth accused Janaka Bandara Galagoda was tried in absentia and convicted. In addition to the verdict of execution, the five convicted persons were also fined 40,000 rupees each.<\/p>\n<p>The  Trial-at -bar High Court ruling was appealed at the Supreme Court. A five judge benchof the Supreme Court presided over by the then Chief Justice Priyasath Dep  upheld the  conviction  unanimously. Chief Justice  Dep issued a 51 page ruling on  October 11th 2018. A  summarized news report published on October  13th in the \u201cEconomy Next\u201dwebsite is excerpted below-<\/p>\n<p><b>Unanimous Supreme Court Ruling<\/b><\/p>\n<p>\u201cSri Lanka\u2019s Supreme Court, which upheld the death penalty of MP Duminda Silva, has also highlighted his criminal activities including the use of an automatic weapon stolen from the Elephant Pass army camp.The outgoing Chief Justice Priyasath Dep in his 51-page order noted a string of crimes, including election law violations, committed by Silva and his cohorts culminating in the killing of Bharatha Lakshman Premachandra and three others.The five-judge bench in its unanimous decision found that the killings came after Silva and his gang beat up rival supporters and voters at the October 2011 local council elections and had even intimidated women.\u201d<\/p>\n<p>\u201cStarting from the time the polling commenced and till the time it was drawing to an end, the 11th Accused (Duminda Silva) spent his day, marauding between polling stations with weapons, defying officials discharging their duties, and assaulting and victimizing people associated with Solangaarachchi (a rival candidate).The only time they were not seen intimidating people were when the group was having lunch,\u201d the Chief Justice said in his final order before retirement.\u201d<\/p>\n<p>\u201cJustice Nalin Perera who was appointed Chief Justice on Friday, agreed with Dep\u2019s decision. Others on the bench were justices Buwaneka Aluwihare, Priyantha Jayawardena and Vijith K. Malalgoda.\u201d<\/p>\n<p>\u201cThe court held that Bharatha Lakshman and three others were shot dead at the behest of Duminda Silva and the weapon used had been stolen from the Elephant Pass military camp when it was overrun by the Liberation Tigers of Tamil Eelam (LTTE) in 2000.It was not mentioned how Silva, a Monitoring MP of the Defence ministry at the time, came to posses this weapon.An army Brigadier identified only as Gamage has testified at the trial confirming that the weapon used in the killing was one lost by the army on April 22, 2000 when the Elephant Pass camp was overrun by the LTTE.\u201d<\/p>\n<p>\u201cThe Supreme Court rejected Silva\u2019s position that he had been shot in the head by Premachandra\u2019s officially-assigned bodyguard and was not responsible for subsequent events, including the killings of Premachandra and the other three people.However, the Court rejected this position on the basis that Silva had been leading the unlawful assembly and triggered the violence by first assaulting Premachandra whose Personal Security Officer, using the right to private defence, then opened fire and injured Silva.\u201d<\/p>\n<p>\u201cUpto the very minute he was shot in his head, the 11th Accused (Duminda Silva) was leading the unlawful assembly. This means that there could only have been a millisecond difference in time between the first shot and the retaliation.\u201d<\/p>\n<p>\u201cCausing death using firearms was very much a foreseeable consequence of their criminal enterprise. It is also true that the 11th Accused (Duminda Silva) was a member of that assembly when the transaction\u2014which lasted for fleeting 60 or more seconds\u2014commenced.<\/p>\n<p>\u201cAt the same time, there is no evidence to suggest that, at any time prior to that, the 11th Accused (Duminda Silva) showed a tendency to disassociate himself with the object of the assembly,\u201d the judgement said.\u201d<\/p>\n<p>\u201cHowever, the court acquitted Duminda Silva\u2019s official bodyguard, constable Vithanalage Anura Thushara de Mel who had not used a weapon and had also been against getting into a gun battle.The Supreme Court held that the prosecution had failed to establish that de Mel shared the common objective of the unlawful assembly and that he should therefore be acquitted.\u201d<\/p>\n<p>\u201cDuminda Silva\u2019s gang had used only one T56 weapon, the one stolen from the Elephant pass camp, and 27 spent cartridges found at the crime scene had been fired from it.The court found that Duminda Silva had systematically moved from one polling centre to the other intimidating voters and had assaulted voters they suspected of voting for the opposition. Women were intimidated and there was a string of violence against people in the area.\u201d<\/p>\n<p> <b> \u201cLucky Aiya\u201d Bharatha Lakshman Premachandra<\/b><\/p>\n<p>One important reason for the extraordinary focus on this particular murder trial was  the charismatic personality of the premier victim himself \u2013 Bharatha Lakshman Premachandra! Bharatha Lakshman was someone I knew and interacted with slightly in the eighties of the last century.  <\/p>\n<p> Bharatha Lakshman Premachandra Alias Lucky Aiya was literally and metaphorically a \u201cchild of fifty-six\u201d(Panashaye daruwo). He was born in 1956 on January 26th which is Indian republican day. This was why his parents bestowed the name \u201cBharatha\u201d upon him. He belonged to a generation whose day in the sun had been ushered through the 1956 revolution of SWRD Bandaranaike.But to his credit Bharatha Lakshman was not a Sinhala chauvinist or supremist. This was what endeared him to me most.<\/p>\n<p>His mentor and leader was the late Vijaya Kumaranatunga. Like Vijaya , Bharatha too was devoid of communalism. He stood for a multi-ethnic Sri Lanka where the minority ethnicities would not be discriminated against. While being firmly committed towards the unity and territorial integrity of the country, Bharatha was also supportive of power sharing through devolution.The Tamils and Muslims lost a great friend when he was killed.<\/p>\n<p>Premachandra came from a non \u2013 elitist but progressive background. His father worked at the Ceylon Petroleum corporation and was an active trade unionist. The father was a socialist and supported the Trotskyite Lanka Sama Samaja Party(LSSP) in those days .The son inherited the father\u2019s leftist perspective. Bharatha was one of seven children,two boys and five girls. At the time of his Bharatha\u2019s birth the family was living in Wellampitiya.Later it moved to Kolonnawa. The Premachandras were not rural folk but lower middle class semi-urbanites.<\/p>\n<p>Bharatha Lakshman studied at Ananda College, Colombo. After leaving school he is reported to have worked for a very short time as a bookkeeper\u2019s assistant. However he took to political activism in his early twenties and virtually devoted himself to full time politics .Despite his left leaning tendency Bharatha Lakshman joined the Sri Lanka Freedom Party(SLFP) in 1979. TB Illangaratne who represented Kolonnawa electorate in the late sixties and early seventies was the party organizer. Bharatha\u2019s idol and leader was Vijaya Kumaranatunga.He became engaged in trade union work for the party.<\/p>\n<p><b>Kept Kplonnawa Safe for Tamils and Muslims<\/b><\/p>\n<p>Bharatha Lakshman Premachandra due perhaps to the influence of Vijaya Kumaratunga had an enlightened attitude and approach towards the Tamils and Muslims. He kept the Kolonnawa area a safe haven for Tamils and Muslims to reside in.The large number of minority community mourners at his funeral testify to his bona fides on this key aspect. Even the ethnicities of the three bodyguards who were killed along with him are suggestive. One was Sinhala, one Tamil and one a Muslim.<\/p>\n<p>Vijaya and Chandrika split from the SLFP and formed the Sri Lanka Mahajana Pakshaya (SLMP) in 1984. Bharatha Lakshman too followed in their footsteps and was one of the founder members of the SLMP. He immersed himself in developing a trade union movement within the party and  was particularly successful at the Colombo harbour..Bharatha  along with Dayan Jayatilleka was elected Assistant Secretary of the party. Later he was appointed SLMP organizer for Kolonnawa electoral  division.<\/p>\n<p>While working as a trade unionist within the SLMP Bharatha Lakshman also got involved in electioneering. He first contested and won a seat at the Kotikawatte-Mulleriyawe Pradeshiya Sabha. Later he contested the Kolonnawa urban council polls and was elected in 1979 and 1983.He was leader of the opposition in the Kolonnawa urban council in 1983.After joining the SLMP Bharatha Lakshman contested the western provincial council elections in 1988. He was elected as a Western Provincial councilor.<\/p>\n<p><b>Acquired a \u201cChandiya\u201dPersona<\/b><\/p>\n<p>This was the time when the JVP was targeting politicians participating in provincial councils created because of the Indo-Lanka accord. One day a lone gunman suspected of being JVP targeted Bharatha Lakshman at his residence. But Bharatha\u2019s father despite his age bravely confronted the would be assassin.There was a scuffle and Bharatha too plunged in.Then in an unbelievable feat of bravery , Bharatha Lakshman seized the firearm and shot dead the man who came to kill him.This incident increased Bharatha Lakshman\u2019s image and stature within the party and area. He was now regarded as a tough guy and acquired a \u201cchandiya\u201dpersona. The fact that he had fought and killed in self \u2013 defence was overlooked.Nevertheless this chandiya image helped him counter the twin threats posed by UNP and JVP.<\/p>\n<p>Chandrika Kumaratunga retuned from her self \u2013exile in Britain and engaged in politics. After breaking up with the SLMP she teamed up briefly with Dr. Rajitha Senaratne and then returned to the SLFP. Bharatha contested the Western provincial council elections again in 1993 and won Chandrika forged a multi-party front led by the SLFP known as the Peoples Alliance(PA) Bharatha Lakshman Premachandra too aligned with her and in 1994 contested on the PA ticket. He was elected as a Parliamentarian from the Colombo district. He was elected MP in two subsequent elections held in 2000 and 2001. He was not assigned any ministerial portfolio then by Chandrika.<\/p>\n<p><b>Worked Tirelessly For Mahinda Rajapaksa<\/b><\/p>\n<p>Disappointed, he drifted away from Chandrika Kumaratunga politically and personally. Bharatha had always enjoyed good rapport with Mahinda Rajapaksa but now he got even more closer. This was a time when the man from Medamulana was a virtual loner in the SLFP where the Bandaranaike family hold was firm.Bharatha however was not lukewarm in his support to Mahinda within the party and backed him strongly as opposition leader, Prime minister and Presidential candidate. He worked tirelessly for Mahinda Rajapaksa in the 2005 presidential campaign.<\/p>\n<p>Despite Mahinda\u2019s success Bharatha had not been so fortunate. He had failed to get elected in 2004 to Parliament. This effectively deprived him of an opportunity to be a minister or deputy minister. He also lost the post of organizer for the electoral divisions of Borella and Kolonnawa to UNP \u201ccrossers over\u201d Thilanga Sumathipala and Duminda Silva.<\/p>\n<div id=\"attachment_70828\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/FB_IMG_1604283947084.jpg\"><img aria-describedby=\"caption-attachment-70828\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/FB_IMG_1604283947084-600x242.jpg\" alt=\"\" width=\"600\" height=\"242\" class=\"size-large wp-image-70828\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/FB_IMG_1604283947084-600x242.jpg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/FB_IMG_1604283947084-300x121.jpg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2020\/11\/FB_IMG_1604283947084.jpg 720w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><\/a><p id=\"caption-attachment-70828\" class=\"wp-caption-text\">President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa<\/p><\/div>\n<p>President Rajapaksa appointed him as a special presidential adviser on trade unions and provided him with an office at the Presidential secretariat. He was also given two bodyguards from the Presidential security division. Premachandra functioned effectively and helped resolve some prickly trade union issues through behind the scenes negotiations.<\/p>\n<p>After Premachandra\u2019s demise, then President Mahinda  Rajapaksa was to tell media heads of how he had offered the Ratmalana electorate organizer post to Bharatha who had turned it down He had also declined an invitation to contest the mayoralty stakes as UPFA nominee for the Colombo city.<\/p>\n<p><b>Pugncious Political Fighter<\/b><\/p>\n<p>President Rajapaksa\u2019s statements indicate that being a pugnacious political fighter , Bharatha Lakshman did not want to be driven out from his home turf. After all this was the area where he spearheaded a SLFP renaissance against the formidable UNP amidst tremendous hardship. He was in no mood to abandon the electorate he nurtured to a Johnny come lately with a disreputable track record.<\/p>\n<p>Premachandra defied the party leadership in his own way by continuing to nurse the Kolonnawa electorate despite being replaced as organizer. He rejected offers to move elsewhere and with dogged determination aimed at re-establishing his hold on the area and regaining his lost status.<\/p>\n<p>The local authority elections of 2011 saw a proxy battle for preference votes within the UPFA between Bharatha Lakshman Premachandra and Duminda Silva in the Kotikawatte-Mulleriyawa Pradeshiya Sabha. Bharatha backed his disciple and incumbent chairman Prasanna Solangaraachchi.Duminda Silva worked against him and propped up others. It was widely alleged that Duminda was in cahoots with drug kingpins like \u201cWele Sudha\u201d..Rightly or wrongly many people believed this. He was nicknamed \u201cKudu Duminda\u201d by some.<\/p>\n<p><b>Moral Crusade Against \u201cKudukaraya\u201dMenace<\/b><\/p>\n<p>The campaign was nasty and affected by violence. Bharatha Lakshman with three decades of political experience turned it into a moral crusade against drugs and drug dealers.Popular antipathy towards the \u201ckudukaraya\u201d menace struck a responsive chord in the hearts and minds of the voters.<\/p>\n<p>When results were announced it was a great political triumph for Bharatha.His \u201ccandidate\u201d had got a record number of 42,322 preferences. His rival\u2019s nominee had only got 5811 preferences. The voters had overwhelmingly endorsed Bharatha Lakshman\u2019s war against the drug mafia.In the process he had demonstrated that he was still a political force in the area.Sadly Bharatha Lakshman was not alive to savour his victory.Fate\u2019s moving finger had written his epitaph already.<\/p>\n<div id=\"attachment_77940\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-77940\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/06\/F45E14F1-4E18-46F2-98E3-221FF9F32BB7.jpeg\" alt=\"\" width=\"600\" height=\"420\" class=\"size-full wp-image-77940\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/06\/F45E14F1-4E18-46F2-98E3-221FF9F32BB7.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/06\/F45E14F1-4E18-46F2-98E3-221FF9F32BB7-300x210.jpeg 300w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-77940\" class=\"wp-caption-text\">Bharatha Lakshman Premachandra with daughter &#038; wife<\/p><\/div>\n<p>On Local election day Bharatha was campaigning in one area and Solangaraachchi in another. Duminda Silva and his group campaigning in another area were reportedly in high spirits after imbibing liquor.At one stage Duminda and his accomplices went up to a polling booth in close proximity to Solangaraachchi\u2019s residence. Duminda asked Sollangaraachchi\u2019s wife Madhu whom she voted for.There was a verbal altercation. When Madhu\u2019s mother in law remonstrated Duminda Silva abused her also using obscene words. Some allege that both women were roughed up. Duminda also continued to intimidate and threaten Solangaraachchi\u2019s supporters at the spot.<\/p>\n<p>Bharatha Lakshman was informed of what was happening. Since he was close to the spot, Bharatha rushed to the area with his comrades. Duminda heard that Bharatha was coming and left the place. Both convoys met on the roads near Walpola junction. Bharatha and Duminda both got down from their vehicles and moved towards each other.<\/p>\n<p>Bharatha asked Duminda why he was trying to bully and frighten women in a cowardly manner. Duminda suddenly hit Bharatha and also kicked him. Taken by surprise Bharatha fell down. At this point Duminda ordered his men to open fire. Realising the seriousness of the situation , Bharatha\u2019s armed \u201cOfficial\u201d body guard also opened fire. Apparently it was  he who fired first.Bharatha\u2019s comrades who served as his unofficial bodyguards were unarmed.Bharatha and three of his comrades were shot dead. Bharatha was fired upon while he was lying on the ground. His official body guard too was injured<\/p>\n<p><b>Massive Cover-up Exercise<\/b><\/p>\n<p>.Instead of the perpetrators  being arrested the country was regaled with a massive mind \u2013 boggling cover up exercise. It was alleged that Duminda Silva was seriously injured in the shoot \u2013 out. He was admitted to Hospital.  The then President Mahinda Rajapaksa and Defence Secretary Gotabaya Rajapaksa visited Duminda in hospital. Special protection was provided. Outsiders were not allowed to go near Duminda. Finally he was escorted amidst great security and was flown to Singapore. It was said that he had sustained many injuries and needed extra medical treatment. Later when Duminda returned to Sri Lanka , he told courts that he was suffering from partial memory loss and could not remember what had transpired on the day in question. The ordinary people however knew and realised what had really happened.<\/p>\n<p>Whatever the actual situation concerning Bharatha Lakshman\u2019s death, in popular perception he died a heroic death at the hands of cowardly assassins There was also sympathy because of the opinion that he had been betrayed by those for whom he fought valiant political battles.The manner in which Bharatha Lakshman was killed and the cover up that followed evoked widespread anger and resentment. When President Mahinda  Rajapaksa went to the Premachandra residence to pay his respects the reception from people gathered there was cold. Namal Rajapaksa was hooted at when he went to the funeral parlour.<\/p>\n<p>Bharatha Lakshman Premachandra\u2019s friends, supporters and well-wishers perceived their beloved \u201cLucky Aiya\u201d as a knight in arms who was constrained to take up arms to fight against the forces of evil.In an exhibition of modern chivalry he had apparently rushed to the aid of a distressed damsel or dame and was murdered in a cowardly fashion.<\/p>\n<p> While the main narrative of Premachandra\u2019s death was viewed through the prism of political rivalry and law and order there also emerged a subaltern narrative that looked upon him as some kind of a latter-day folk hero. The massive crowds attending his funeral at Umagiliya grounds and the spontaneous popular response to his daughter vowing to follow in her father\u2019s footsteps were indicators in this respect.<\/p>\n<p><b>Daughter Hirunika Premachandra<\/b><\/p>\n<p>In the emotional aftermath following his murder,Bharatha Lakshman\u2019s doting daughter Hirunika Premachandra announced that she would emulate her father\u2019s example and take to politics.<\/p>\n<p>In 2014 Hirunika contested on the UPFA ticket at elections for the Western provincial council. She won from Colombo district topping the preference votes list. In 2015 Hirunika contested Parliamentary elections from Colombo district on the United National Party(UNP) ticket and won.Duminda Silva however was denied nomination for polls by President Maithripala Sirisena. Hirunika Premachandra contested as a Samagi Jana Balavegaya candidate in Colombo in 2020 but failed to get elected.<\/p>\n<p>It is noteworthy that Hirunika Premachandra while addressing an SJB media conference a few days before the 2020 Parliamentary elections stated openly that all documentation had been  completed to facilitate the release of Duminda Silva after the elections. Hirunika alleged then that Duminda Silva was going to be given a Presidential pardon and released. What she predicted then seems to be coming true now.<\/p>\n<p><em><strong>DBS Jeyaraj can be reached at <a href=\"mailto:dbsjeyaraj@yahoo.com\"><span>dbsjeyaraj@yahoo.com<\/span> <\/a><\/strong><\/em> <\/p>\n<p>This is an Enhanced Version of an Article written for the DBS Jeyaraj Column in the \u201cDaily Mirror\u201d of October 31 2020. It can be accessed here: <\/p>\n<p><a href=\"http:\/\/www.dailymirror.lk\/opinion\/Killing-of-Premachandra-and-conviction-of-Duminda-Silva\/172-198981\">http:\/\/www.dailymirror.lk\/opinion\/Killing-of-Premachandra-and-conviction-of-Duminda-Silva\/172-198981<\/a><\/p>\n<div id=\"tweetbutton70830\" class=\"tw_button\" style=\"float:right;margin-left:10px;\"><a href=\"http:\/\/twitter.com\/share?url=https%3A%2F%2Fdbsjeyaraj.com%2Fdbsj%2F%3Fp%3D70830&amp;text=Murder%20of%20%20Bharatha%20Lakshman%20Premachandra%20and%20Conviction%20of%20Duminda%20Silva&amp;related=&amp;lang=en&amp;count=horizontal\" class=\"twitter-share-button\"  style=\"width:55px;height:22px;background:transparent url('https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/plugins\/wp-tweet-button\/tweetn.png') no-repeat  0 0;text-align:left;text-indent:-9999px;display:block;\">Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>by D.B.S.Jeyaraj The Government of President Gotabaya Rajapaksa achieved a significant victory last week when the 20th Constitutional Amendment was passed in Parliament with 156 MP\u2019s voting in support and 65 Voting against. The 20th Amendment which has now become law restores full-fledged powers to the executive presidency. Earlier the 19th Constitutional Amendment passed in &#8230;<\/p>\n<p><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/?p=70830\" class=\"more-link\">Continue reading &lsquo;Murder of  Bharatha Lakshman Premachandra and Conviction of Duminda Silva&rsquo; &raquo;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[27],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/70830"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=70830"}],"version-history":[{"count":5,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/70830\/revisions"}],"predecessor-version":[{"id":77945,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/70830\/revisions\/77945"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=70830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=70830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=70830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}