Sri Lanka's Supreme Court

SRI LANKA: SEVEN SENTENCED TO DEATH IN BOAT HIJACK CASE

January 30, 2024:

The Colombo High Court on January 24, 2024 sentenced to death seven accused who were found guilty of allegedly forcibly hijacking a fishing boat in an attempt to flee to Australia illegally, and killing three fishermen who were travelling in it and throwing several other fishermen overboard, in Sri Lanka waters.
The accused were also sentenced to 27 years’ rigorous imprisonment and each ordered to pay fines of Rs. 2 million and Rs. 8, 500 separately by the Colombo High Court.
The judge also sentenced them to another four years and four months lenient imprisonment if they were unable to pay the fines.
The seven sentenced to death are: Pasikku Hennadige Nuwan Lakmal, Thelge Dinushka Priyashantha, Wanigabaduge Sampath Thushara alias ‘Podi’, Pasikku Hennadige Dayananda, Nihal Nishantha alias ‘Sanjeewa’, Kathaluwahewage Ranjith Nishantha, Ediriweera Kattadi Arachchige Nihal.
The court acquitted and released the tenth accused Telsi Kalyani from the case.
First accused Anusha Uthpala, sixth accused Sisira Kumara and eighth accused Ajith Kumara passed away during the trial and the case was tried against the other accused.
Following a lengthy trial, Colombo High Court Judge Adithya Patabendige observed that the prosecution had been able to prove the charges against the accused beyond reasonable doubt.
The Attorney General had filed indictments in the High Court against the accused under 14 counts.
The convicted seven accused were also ordered to be acquitted and release from five charges by the Colombo High Court.
On a previous occasion, a warrant was issued against fourth accused Wanigabaduge Sampath Thushara alias ‘Podi’ due to the fact that he had evaded court for several days while the case was fixed for judgement. The accused was later arrested by the Tangalle Police and was produced before the Court by Angunakolapelessa Prison officers.
The Attorney General had filed indictments against 11 accused under 14 counts for allegedly forcibly hijacking the ‘Thejan’ fishing boat and killing three fisherman who were travelling in it and throwing several others overboard, inflicting mortal injuries on them, in Sri Lankan waters, on October 15, 2012, under the Penal Code and Piracy Act.
Fishermen Dulaj Chathuranga, Thanthrige Saman and Indrajith Kumara were killed in the incident.
These accused had hijacked the ‘Thejan’ boat and fled to Australia and were arrested by that country’s security forces and deported to Sri Lanka.
Senior Deputy Solicitor General Dilan Rathnayake appeared for the prosecution, while a panel of attorneys including Asitha Vipulanayake and Inoka Perera appeared for the defence.