Granting Presidential pardon to convicted murderer of Swedish-Lankan girl

By Shamindra Ferdinando

The Supreme Court has directed Attorney General Sanjay Rajaratnam, PC, to take tangible measures to secure the custody of convicted killer Don Shramantha Jude Anthony Jayamaha, who was granted a presidential pardon on Nov 09, 2019 by the then President Maithripala Sirisena during his last week in office.

The Apex Court in 2014 upheld the death sentence imposed on Jayamaha for killing 19-year-old Swede, Yvonne Jonsson, in the stairwell of the Royal Park Condominium complex in Rajagiriya on July 1, 2005. Police arrested Jayamaha on the following day at the condominium where he had been with the relatives and friends of the victim.

A three-member Supreme Court bench consisting of Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva issued the directive to the AG after declaring President Sirisena’s actions violated the Constitution.

The SC issued the ruling following the consideration of a fundamental rights petition filed by the Women and Media Collective.

The NGO’s Board of Directors consists of Dr. Radhika Coomerswamy, Prof. Cameena Gunaratne, Ms. Anberiya Haniffa, Ms. Anushya Coomaraswamy, Ms. Jayanthi Kuru-Uthumpala, Ms. Sakunthala Kadirgamar and Ms. Chulani Kodikara.

Jayamaha left the country immediately after the presidential pardon. President Sirisena strongly defended his decision when various interested parties questioned the legitimacy of the move just ahead of the last presidential polls.

The Supreme Court ordered Sirisena to pay a compensation of Rs. 01 million to the petitioner, and Rs. 01 million each to the mother and father of the victim.

The Supreme Court declared that the former President intentionally violated the Constitution by granting the murder convict a presidential pardon. At the time of the incident, Jayamaha had been back home for vacation from Australia where he was studying.

President’s Counsel Sanjeeva Jayawardena with Counsel Rukshan Senadheera and Ranmali Meepagala appeared for the petitioner. President’s Counsel Romesh de Silva appeared for the victim. Faizer Mustapha PC appeared for former President Maithripala Sirisena. Saliya Peiris PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.