The Court of Appeal today further extended its order preventing the prison authorities from removing convicted prisoner GampalaWidanage Samantha Kumara alias Wele Sudafrom Boosa Prison premises.
The Court of Appeal directed prison authorities to maintain the status quo (extend the existing state of affairs) regarding the custody of convicted prisoner Wele Suda until October 6.
The Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola made this order following a writ petition filed by the convict’s mother.
In her petition, Rajagalgoda Gamage Malani, a resident of Dehiwala had sought an order directing prison authorities to take appropriate steps to ensure the safety of her son while in prison custody.
The petitioner stated that she is in fear that her son would be imminently handed over to the custody of police officers, after which he would be killed, in a similar manner as it happened to several other suspects.
The petitioner has been named Inspector General of Police, Commissioner General of Prisons, Superintendent Boosa Prison and the Attorney General as respondents.
The Petitioner states that several other persons alleged to be leading underworld figures in Sri Lanka have recently been killed while in police custody, namely Dineth Melan alias Uru Juwaon or about 11 May 2021, and TharakaWijesekera alias Kosgoda Tharaka on or about 13th May 2021.
The petitioner states that the said killings took place after representations were made to the Police regarding the safety of the said persons who were killed.
The Petitioner further states that the Attorney at Law for the said Tharaka Wijesekera has specifically warned on social media that his client would be killed, just hours before the said killing.
The Petitioner states that previously, MadushLakshitha alias Makandure Madush was also killed in police custody on or about 20th October 2020.
The Petitioner states that the Bar Association of Sri Lanka has condemned the said killings, stating that they have all the hallmarks of extrajudicial killings.
The petitioner states that she and her son credibly and gravely apprehend based on the information given to them that her son would also be likewise be taken into police custody and killed, in similar circumstances to the other persons, in the guise of a shootout after taking him for a “discovery”.
She said her son who has been convicted and sentenced to death cannot be handed over to the custody of the police, and thereafter removed from the prison premises.
The petitioner states that to the best of her knowledge her son has had several criminal cases including two cases at Colombo High Court, one case at Colombo Chief Magistrate’s Court and another case at Mount Lavinia Magistrate’s Court.
On October 14, 2015, the alleged drug dealer Gampola Vidanage Samantha Kumara alias ‘Wele Suda‘ was sentenced to death by Colombo High Court, on the charges of possessing and trafficking 7.05 grams of heroin in Mount Lavinia in 2008.
Subsequently, he had filed an appeal against the said conviction and the Court of Appeal affirmed the conviction and sentence. Thereafter, a Special Leave application was instituted in the Supreme Court challenging the Court of Appeal judgment.
