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Royal Park murder case : Suspect comes to court in crutches
Friday, 8 July 2005 - 4:14 AM SL Time

The suspect in the murder of Yvonne Jonsson at Royal Park condominium last Friday, had come to court in crutches to mislead the court, the counsel watching the interest of the Jonsson family said before Colombo Magistrate yesterday.

The counsel Hemantha Warnakulasuriya made this observation when the suspect Sharman Jude Anthony Jayamaha was produced from the remand prison yesterday stating that the young man was 'Playing up'.

The CID at this stage informed the Additional Magistrate Ms. Amali Ranaweera that the suspect did not have any injuries to come in crutches to court as even the JMO report had stated he did not have such injuries.

The Jonsson family, Roger Jonsson, wife Chamalika and daughter Caroline were present in court.

Counsel Warnakulasuriya further informed court that this was an unfortunate incident where the suspect with his mother had gone to the funeral after committing the young girl`s murder and had tried to play up. And this was on the instruction of their counsel.

'In the presence of the investigators and family members, the mother of the suspect had acted as if she was closely related to them and she was misleading the investigators,' the counsel said.

'However the mother of the suspect was not able to continue with her part and while participating in the funeral she was talking about the beauty of the surroundings of the funeral house,' the counsel said. While she was there she was getting instructions through SMS messages and thereby she was trying to mislead the investigation.

The OIC CID Chief Inspector Shani Abeysekara made an application to produce the suspect who was limping and had come in crutches to court before the JMO and file a report.

Attorney-at-law Shanika Ranasinghe appearing for the suspect informed court that it was an ailment that he had been undergoing for a long time.

Raising an objection to this, Counsel Warnakulasuriya stated that the suspect had no illness when he was first produced before the JMO and this was a ploy to show that a person in this state could not commit such a crime.

The Magistrate also observed that the first report issued when the suspect was first produced before the JMO did not show that he was undergoing any difficulty.

The court ordered the CID to produce the Government Analyst report and the DNA report in connection with the murder of the Yvonne Jonsson and the suspect was remanded till July 18.



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dumindak
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Joined: Feb 2005
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8 Jul 2005 12:34:25 GMT  Report for Abuse   
We should treat defence lawyer also as a part of criminal.

These lawyers, though they are respectable citizans, fill the gap between the civi society and criminals. They are more towards criminals side, and become a part of criminal activity by hiding the criminals and helping them to escape punishment.

After the boy murdered the girl, boy's father called a lawyer and told him the story. The lawyer knows the truth but he was hiding it.
Dont you thing lawers also should have a responsibility towards the civil society and they should help police to catch criminals.
Anonymous
Joined: Jul 2005
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8 Jul 2005 13:04:34 GMT  Report for Abuse   
A classic case of delaying and diversionary tactics being utilised by the defence to simply buy time but for what reason? I sincerely hope the evidence will not be tampered with and suspect is proven guilty beyond an element of doubt and appropriate justice/sentencing is served out.

Dumindak?Lawyers 'can' always step down from representing criminals whom they are 100% certain are not innocent. However, only exceptional lawyers possess such standards whilst the majority will represent anybody as long as they are paid at the end of day.
dumindak
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8 Jul 2005 13:53:13 GMT  Report for Abuse   
If the lawer is sure 100% that his client has done the crime, he should give up the case, and help police to catch the criminal. Then he will become a person in the civil soceity. But if he hide the fact then he becomes a part of crime.

Lawers also should follow a certain level of ethics. I understand they are doing a job, but I think they should feel guilty whenever they earn a ruppee. They earn money at the expense of innocent victims.
pol_sambal
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Joined: May 2005
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8 Jul 2005 14:03:35 GMT  Report for Abuse   
I agree with duminda K, on that the lawyer should be feeling guilty and is doing something wrong.

But thats his job, he is there to defend his client, whether he is right or wrong, he has to find ways to prove that his client is innocent and thats what he is being paid for.

for example, take an executioner. He has to execute people no matter if he likes it or not, because thats his job and thats what he is paid for.

just my thoughts!

-POL
rayray
Joined: Jul 2005
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12 Jul 2005 09:40:23 GMT  Report for Abuse   
Every man has a right to his defense and remember - innocent until proven guilty.

If we indeed live in a civilised society we need these barriers in place to prevent injustice.

Dont get me wrong. i think there should carry out the death penalty for crimes like these but murder should be proved beyond reasonable doubt.
sk63
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Joined: Mar 2005
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12 Jul 2005 13:43:27 GMT  Report for Abuse   
Dear Son of Ealam,

I do not mean to be critical or certainly have no intention of ridiculing you. I do not see the relationship between your post and the topic of the article. It looks like they have nothing to do with each other. I dont see how 'handsome LTTE boys and girls' and their 'dining habits' and their 'attempts' to lure Sinhala girls have any relationship to a young girl who died!

Sorry if I took winds off the sail of your arguement but I frankly dont see how your apparently strong arguement has anything to do with the topic of discussion!
lawgrl
Joined: Jul 2005
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14 Jul 2005 13:13:00 GMT  Report for Abuse   
If you guys think the lawyers are criminal too, why do you need a criminal justice system in the first place?
A lawyer has to take an oath to do the best for his client but in such a way that it is not in contradiction to justice or the constitution.
In a case a defendant can always plead guilty. If the lawyer knows his cleint is guilty, then he shd advise him to plead guilty.
But he can't help the police or give evidence once he has taken the case as there are lawyer-client privilleges and to abuse the relationship could result in the lawyer being unable to practice anymore...

THe whole country thinks this guy is guilty. The trial hasn't even begun yet and the newspapers are only telling the girl's side of the story. IF there wasn't even the criminal lawyer to look after the interests of the defendant then what kind of country will this be? There will be no democracy or simple respect for human rights. The defendant is a person too...

The police is trying to make this case the example to show how good their investigations are. And this case is so popular coz of the high society people involved. There are worse crimes going unreported.

I'm not saying he dint do the crime...but until the case is heard one should not be quick to judge. The presumption of innocence should be respected. Afterall, all the information you are getting is from our local newspapers which are not, to say the least, reliable...
lawgrl
Joined: Jul 2005
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14 Jul 2005 13:36:10 GMT  Report for Abuse   
Yah true there may be many, but then what about the police who opress the suspects etc. Without a defence lawyer, a suspect has no chance...
And it's the prosecition's burden of proof to prove all the elements of the case beyong reasonable doubt. If the defnce lawyer omits anything, it's not him being 'corrupt'...it's just the criminal system.
dumindak
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15 Jul 2005 15:18:28 GMT  Report for Abuse   
I am not talking about only this guy, rather it is an overview on the whole justice system

Lawyers are helping criminals to do more crimes. They are living on that. They are not helping the civil society to punish crimes which they are supposed to do.

They help criminals to go unpunished, rather than helping serve the justice on criminals and protect innocence from wrongly prosecuting.

so lawyers also a sort of criminals or evils in the civil society.
lawgrl
Joined: Jul 2005
Posts: 3
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16 Jul 2005 04:37:09 GMT  Report for Abuse   
Hmm, duminda, it's pretty obvious that you don't like lawyers.
But look at it this way, say you are FALSELY accused of a crime but all the evidence points to u. How will you proveyourcase without a lawyer?? Lawyers, especially defense lawyers are there to prevent innocent people from going to jail, as well as make sure the prosectuion does a good job and proves the case beyong reasonable doubt. This principle is there to prevent the State from just accusing and sending people to jail.
If not for defence lawyers, the police /prosecution etc. will take the law into there own hands and just convict people.

True, sometimes guilty people are let loose to commit crime again, but in a way thats better than convicting innocent people, especially when the death penalty is involved. Being found guilty and incarcerated is a big deal so the prosecution has the huge burden of proving the case beyond reasoanable doubt. This preserves the integrity of the system and the respect of human rights.

Coz criminals are human too...and there is always a chance that the defendant is not guilty.

And 'justice' is a relative term. Lawyers do keep 'justice'.
Say, in the royal park case, u'd think justice is to convict the suspect and even maybe give him the death penalty rite? But i don't, even if he did do it and he is convicted, i would think giving him the death penalty is injustice- and it his defence lawyer that can prevent that injustice from happening.

Remember.there's always two sides to a story and the defence lawyer is central to the business of uncovering the 2 sides and finding the truth.
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