News
Legal debate over murder-convict MP’s right to attend Parliament
A legal tussle continues between the Attorney General on the one side and defence attorneys of murder convict Member of Parliament Premalal Jayasekera over the parliamentarian’s right to sit in the House while being in jail with counsel for the Secretary General of Parliament weighing in on the side of the defence counsel.
Deputy Solicitor General Nerin Pulle appearing for the Prisons Commissioner General and the Welikada Prison Superintendent has insisted that Article 89 (d) of the Constitution clearly prohibits any person under a sentence of death from sitting or voting in Parliament. He said that an appeal from the conviction only stops the sentence being carried out.
He urged the Court of Appeal which is to give a decision tomorrow on a writ petition whether the convicted MP can attend Parliament, to refer the matter to the Supreme Court for a determination on whether such an MP can sit in Parliament under such circumstances.
Defence Counsel Romesh de Silva PC argued that his client who was convicted of murder and sentenced to death by the Ratnapura High Court on July 31 had appealed against the verdict the day before the parliamentary election of August 5 and upon his victory as a candidate from the Sri Lanka Podujana Peramuna (SLPP), his name was duly gazetted by the Election Commission.
Mr. de Silva argued that his client was entitled to the presumption of innocence guaranteed to all citizens during his appeal and the prisons authorities had no right to prevent the MP from attending Parliament.
Uditha Egalahewa PC, Senior Counsel for the Secretary General of Parliament Dhammika Dassanayake argued that Section 20 of the Bail Act states that any accused found guilty in a court of law becomes a remand prisoner upon an appeal filed, and a remand prisoner is therefore entitled to attend sittings of Parliament.
Mr. Dassanayake told the Sunday Times last night that Speaker Mahinda Yapa Abeywardene would take a decision on whether to order the prisons authorities to bring the murder-convict MP on Tuesday (Sept. 
when Parliament next sits depending on the verdict of the Court of Appeal tomorrow.
The Court of Appeal bench comprises Justice A.H.M.D. Nawaz (President) and Justice Sobitha Rajakaruna.