Presidential power to pardon prisoners misused

Police has widened the investigations about the misuse of the Presidential powers to pardon prisoners following revelations that inmates have been released previously without approval.

The move came after they said fresh information emerged that prisoners not entitled to be released had had been pardoned previously in addition to a recent case where a convict wanted for a financial fraud was released in Anuradhapura. 
Police today said statements have been recorded from the Prisons Commissioner General and others.
The Criminal Investigation Department (CID) on Friday were ordered to probe the release of a former finance company manager found guilty of misappropriating millions, with a so called presidential pardon.  

The Anuradhapura High Court convicted Athula Tilakaratne of misappropriating four million rupees on May 2. Just ten days later, he allegedly received a presidential pardon in view of Vesak and now walks free.

Yesterday, the President’s Media Division (PMD) issued a statement confirming that the convict’s name was not included in the original list of 388 inmates recommended for pardon by the Commissioner General of Prisons. “The names of eligible inmates are selected by prison authorities and submitted to the Ministry of Justice. After a review by the Ministry, the final list is forwarded to the Presidential Secretariat for approval by the President,” the statement added.

Justice Minister Harshana Nanayakkara also reiterated yesterday that the list, which was submitted to be approved by the president, did not have Tilakaratne’s name. “I am unaware of the reason behind the convict’s release, and that's why we took some time to investigate,” said the Justice Minister to the Sunday Times.

The claims by the Justice Minister and the PMD contradict a statement made by Prisons Commissioner and Media Spokesman Gamini B. Dissanayake claiming that the release was ordered based on a presidential pardon. The Sunday Times reached out for clarification but the spokesman did not respond.

Reliable sources claimed that High Court Judge Lakmali Hewawasam received an official letter from the Anuradhapura Prison confirming Tilakaratne’s pardon, and requesting his release and discharge from the case.

He had initially been sentenced to six months of rigorous imprisonment, fined Rs. 20,000, and handed a two-year rigorous imprisonment term suspended for five years. The court also ordered Rs. 2 million in compensation to the complainant, with an extra six months’ imprisonment if unpaid.

Tilakaratne has a prior financial fraud conviction and faces over 20 similar cases in the Anuradhapura Magistrate’s Court, along with several pending in the High Court. Complainants include two former specialist Judicial Medical Officers of Anuradhapura Teaching Hospital, doctors, lawyers, and businessmen.