The Supreme Court ruled yesterday that former President Maithripala Sirisena must pay Rs. 1 million to the petitioner in a Fundamental Rights petition challenging his decision to grant a Presidential pardon to Royal Park murder convict Don Shamantha Jude Anthony Jayamaha. The Court directed the Women & Media Collective organization, the petitioner, to hold the money in trust for the best interests of female victims of crime, with payment due within one month of the judgment.
In a landmark decision on the extent of executive pardons, the Court declared Sirisena's pardon of Jayamaha as arbitrary and legally invalid. A three-judge bench, comprised of Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva, ordered the revocation of the two Presidential pardons granted to Jayamaha, citing non-compliance with constitutional provisions.
The Court found that Sirisena violated the petitioner's Fundamental Rights under Article 12(1) of the constitution by granting the pardon without following procedural requirements. The Women & Media Collective had filed the petition challenging the legality of Sirisena's decision.
According to the judgment, Jayamaha's death sentence was commuted to life imprisonment by a Presidential Pardon in May 2016, purportedly based on recommendations from then Minister of Justice, Dr. Wijeyadasa Rajapakshe, PC. Subsequently, in November 2019, Sirisena granted another Presidential Pardon, releasing Jayamaha from prison.
Jayamaha was convicted for the murder of Yvonne Jonsson in 2005. Despite an appeal by the Attorney General to convert the conviction to murder and impose the death penalty, Jayamaha was sentenced to 12 years imprisonment for culpable homicide not amounting to murder.
The petitioner argued that while the President has the Constitutional authority to grant pardons, such powers should not be exercised in violation of the Rule of Law, justice, equity, and sensibilities of victims' families.
