A divided High Court ruling sentences 12 to death in the Amarakeerthi Athukorala murder case, revealing explosive CCTV evidence, forensic findings and legal debate that shaped one of Sri Lanka’s most closely watched trials.
The Gampaha High Court three judge bench delivered a landmark decision on February 11, sentencing 12 defendants to death for the assault and murder of former Member of Parliament Amarakeerthi Athukorala and his police security officer. The verdict followed a trial that extended over two years and resulted in a divided judicial opinion that has drawn national attention.
High Court Judge Sahan Mapa Bandara, who presided over the three member bench, delivered the minority judgment. He held that the prosecution had failed to prove the charges beyond reasonable doubt and therefore concluded that all accused should be acquitted.
However, Associate Justices Rashmi Singappuli and Rashantha Godawela delivered the majority verdict. They found 16 defendants guilty while acquitting 25 others, stating that the prosecution had not proven charges against those acquitted beyond reasonable doubt. Under Sri Lankan criminal procedure, the majority ruling stands as the final decision.
The minority judgment spans 121 pages, while the majority judgment runs to 380 pages. Together with additional procedural pages, the full judgment comprises 504 pages, making it one of the most detailed High Court rulings in recent years.
Below are five critical elements drawn from the judgment.
- Facts presented at the trial
According to the judgment, the events unfolded on May 9, 2022, in Nittambuwa town during widespread political unrest. A protest was taking place in the town, connected to the agitation occurring at Galle Face Green in Colombo that day. The court record states that a group attacked the protest, triggering escalating violence.
The deceased MP had attended a function at Temple Trees hosted for then Prime Minister Mahinda Rajapaksa. After the event concluded at approximately 12.30 pm, he and his group traveled toward Polonnaruwa via Nittambuwa after having lunch at the residence of former Minister Siripala Gamlath. These details appear on page 166 of the majority judgment.
At approximately 3.45 pm, the vehicle carrying the MP was stopped near the Thilakawardena store in Nittambuwa, as recorded on page 167. Evidence suggests that those who surrounded the vehicle initially believed its occupants were returning from a wedding. However, upon discovering parliamentary letterheads inside the vehicle, the crowd realized that the occupant was a Member of Parliament.
The judgment states that the MP and his companions were forcibly removed from the vehicle and assaulted. CCTV footage from camera number 01 of Shakthi Wine Stores captured the MP and his security officer being taken to the roadside and beaten with sticks at 3.47 pm. At 3.53 pm, two individuals attacked the MP while the security officer fired a weapon, fatally wounding a person identified as Harsha Nadeeshan.
Following the shooting, members of the crowd dispersed temporarily. CCTV footage shows the MP and the security officer running toward Colombo. At 3.56 pm, camera number 20 recorded both entering the Nihal Fashion Institute through the ground floor and using the elevator to ascend, as referenced on page 170.
Within minutes, a group armed with stones and sticks approached the building. Despite attempts by employees to block entry, cameras recorded the group entering at 4.01 pm. The judgment details how various defendants were observed on CCTV participating in actions inside the building.
At 4.22 pm, the two injured men were dragged to the second floor. At approximately 4.26 pm, they were observed being dragged toward the ground floor. The court relied heavily on synchronized CCTV timestamps from multiple cameras to reconstruct the sequence of events.
- What was the cause of the deaths?
The 110th prosecution witness arrived at the scene at 9.05 pm on instructions from senior police officers and discovered both bodies at the entrance of Nihal Fashion Institute, according to page 180.
A poster bearing the words “When the earth rises, the mountain will be leveled” was found near the bodies. Bloodstains were documented on stairs extending from the third floor saree section to the ground floor.
The post mortem examination revealed 18 external injuries on the MP’s body, with medical observations identifying 19 injuries in total. The cause of death was determined to be internal brain injuries, as detailed on pages 209 and 210.
Police Sergeant Gunawardena sustained 15 injuries. A gunshot wound was observed in the upper left chest with a corresponding exit wound through the back, piercing the upper left lung. Medical testimony described the injuries and their fatal consequences.
Significantly, the judgment records medical opinion that neither victim was dead when initially dragged. It states that death occurred when their heads struck the stairs while being dragged from the third floor to the ground floor across a distance of approximately 97 meters. This conclusion appears on page 456 and is reiterated on page 226.
- What evidence has been used in this case?
The prosecution relied on multiple forms of evidence as outlined on page 228:
Forensic facial comparison
Identification parade
Telephone tower analysis reports
Expert forensic medical evidence
Expert coroner’s reports
Investigating officers’ testimony
Civilian witnesses
CCTV and video footage
Appraisal reports
Physical exhibits
Distinguished physical features
The judgment emphasizes the importance of CCTV analysis and forensic identification in linking individual defendants to specific acts inside the building.
- What are the charges?
The first charge alleges that the accused were members of an unlawful assembly with the common intention of injuring MP Amarakeerthi Athukorala on or about May 9, 2022 in Nittambuwa.
The second charge alleges that one or more members of that unlawful assembly caused the death of MP Amarakeerthi Athukorala.
The third charge alleges that one or more members of the unlawful assembly caused the death of Police Sergeant 5565 Jayantha Gunawardena.
An additional 11 indictments were filed against various suspects relating to related offenses.
- How have the 12 persons sentenced to death been identified?
01st defendant Dhanushka Lakshantha: Identified by witnesses during parade. Tattoos on his hands were visible on CCTV. Footage showed him entering Nihal Fashion with a stick and dragging a body upstairs. Pages 462 and 463.
04th defendant Mohamed Dilshan: Identified through scientific facial analysis. CCTV showed him kicking an injured person and directing protesters upstairs while holding a knife. Pages 466 and 467.
05th accused Sagara Fernando: Identified through facial analysis. Footage shows him blocking the elevator and spending 15 minutes on the third floor before descending with injured persons. Page 468.
06th accused Supun Tharindu Sunilratne: Identified by facial analysis and a facial scar. Spent over 17 minutes on the third floor. A pipe believed linked to him was found at the scene. Pages 470 to 472.
07th defendant Indika Kumara Wijesinghe: Not identified by facial analysis due to mask. Clothing tear matched footage. Phone records placed him in Nittambuwa. Seen dragging a body. Pages 473 and 474.
14th accused Ramaiah Sathya Kumar: Identified by facial analysis and distinctive teeth. Seen carrying a shovel handle. Pages 476 and 477.
19th accused Charuka Deshan: Video from his mobile phone placed him at the scene. Spent 12 minutes on the third floor before descending with injured persons. Pages 479 and 480.
21st accused Sanath Weera Prasanna: Identified by facial analysis. Spent 15 minutes on the third floor before returning with the group dragging injured persons. Pages 480 and 481.
26th defendant Yohan Madhubashitha Jayaweera: Identified by facial analysis. Remained active on ground floor carrying stick. Pages 489 and 490.
27th defendant Rangana Ruwan Nandasena: Identified by facial analysis. Seen hitting an injured person on ground floor. Pages 490 to 492.
35th accused Diluka Prabath Jayathilaka: Identified by facial analysis. Assisted in blocking elevator and descending with injured persons. Pages 497 to 499.
40th accused Ashan Peiris: Not arrested and currently abroad. Seen on CCTV participating actively and dragging injured persons. Pages 500 and 501.
The majority verdict declared these twelve guilty on the first three charges on page 502.
Four additional accused received six month suspended sentences for five years. Two suspects died during trial proceedings. Twenty three others were acquitted as charges were not proven beyond reasonable doubt, as stated on pages 503 and 504.
