Saturday, 19th July 2014
Ex-Tangalle PS Chairman, 3 others get 20 years RI
Former Tangalle Pradeshiya Sabha Chairman Sampath Chandrapushpa Vidana Pathirana and three others found guilty of the murder of British aid worker Khuram Shaikh and of raping his Russian girlfriend Victoria Alexandrovna were yesterday sentenced to 20 years rigorous imprisonment on each of the two counts. The tragedy had occurred at the Tangalle Resort on December 24, 2012. Ex-Tangalle PS Chairman, three others get 20 years RI
The sentence, of 20 years RI for murder and 20 years RI for rape with the jail terms to run to run concurrently, was passed by Colombo High Court Judge Rohini Walgama on -- Lahiru Kelum, Saman Deshapriya, former Tangalle PS Chairman Sampath Chandrapushpa and Prageeth Chaturanga.
The Judge acquitted M. Sarath alias Sahan and W. Chaturanga of the charges on the grounds that they were not proved beyond reasonable doubt.
Before delivering judgment, the Judge addressed the prosecution and t he defence saying that more than anyone else it was she who had to face many challenges during t his case. She said the trial began on April 3 and took three and half months to conclude.
The Judge said this was a special case and unlike other such cases which were heard before a jury or at a trial-at-bar, in this case she was on her own.
She thanked the prosecution and the defense counsel for the manner in which they presented their arguments and assisted her during the trial.
The Judge thanked the stenographers who worked round the clock in preparing the lists of witnesses and recording their evidence.
High Court Judge Walgama said she did not consider sitting on this case as a duty but as an obligation entrusted to her by God.
She said she did not allow herself t o be prejudiced by what appeared i n t he media and passed sentenced after conscientiously weighing the evidence and urged those convicted of the crime to look deep into their conscience before appealing against her judgement. The Judge said the 1st, 2nd, 3rd and 4th accused were sentenced for six months RI on the charge of being members of an unlawful assembly and they were also sentenced to two more years of RI for causing injury to Ryan Akalanka. Those found guilty were fined Rs.20.000 and in default, t wo more years in prison. They were also ordered to pay Rs.200,000 each to Ms. Alexandrovna as compensation and in default a further year’s imprisonment.
The accused were indicted on 17 charges including that of unlawful assembly, murder, rape, committing damage t o the resort property and stealing bottles of liquor from the hotel during the Christmas party.
The case, which was initially heard in Matara High Court, was later transferred to Colombo over allegations that the witnesses and the prosecution were intimidated by the accused.
Mr. Shaikh’s brother Nasser, Ms. Alexandrovna and officials from foreign embassies were present in Court yesterday.
Senior State Counsel Thusith Mudalige with Chaminda Athukorala prosecuted while Counsel Jayantha Weerasinghe PC, Kalinga Indatissa PC, Razick Zarook PC, Senior Counsel U.R De Silva and Senior Counsel Nalinda Indatissa with several other lawyers appeared for the defence.