Supreme court trial The Supreme Court trial of the five accused commenced on February 22, 1961, before Justice
T. S. Fernando,
QC,
OBE. With a seven-member English speaking jury, D.W.L. Lieversz Snr. serving as foreman. 97 witnesses testified and were cross examined. The prosecution was led by the
Solicitor General A. C. Alles and Deputy Solicitor General
A. C. M. Ameer assisted by Senior Crown Counsels R.S. Wanasundara and R.I. Obeyesekera. The first and second accused, Buddharakitha Thero and Jayawardene were represented by Phineas Quass,
QC from Britain. The third accused Anura de Silva was represented by Kenneth Shinya assisted by K. Ratnesar. The fourth accused Somarama Thero was represented by Lucian G. Weeramantry appearing free of charge. The fifth accused Newton Perera was represented by N. Satyendra assisted by A. Mahesan.
Verdict The trial concluded on May 12, 1961 and the jury returned its verdict in five days. The jury acquitted Anura de Silva (unanimously) and Newton Perera (five to two). The jury found first accused Buddharakkitha Thero, second accused HP Jayewardena and fourth accused Somarama Thero guilty by a unanimous verdict and pronounced on all three of them the death sentence (death by hanging).
Capital punishment S. W. R. D. Bandaranaike's administration enacted the Suspension of the Capital Punishment Act No 20 of 1958, which suspended the death penalty from May 1958. Following the Bandaranaike assassination, Dahanayake government attempted to revive the death penalty and within a week of the assassination a
gazette extraordinary proclamation dated October 2, 1959, re-introduced the death penalty. This was followed by the Capital Punishment (Repeal) Act which was quickly passed in parliament and became law on December 7, 1959. It was passed with retrospective effect, aimed at inflicting the death penalty on those responsible for the assassination that happened on September 26. However, a loophole in the law allowed Buddharakkita and Jayewardene to evade the death penalty as the Capital Punishment (Repeal) Act allowed for a sentence of death for a person convicted of murder committed prior to December 2, 1959 and not for the offence of conspiracy to commit murder.
Court of Criminal Appeal An appeal was made by all three convicts to the then Court of Criminal Appeal which consisted of a five Judge bench with the Chief Justice
Hema Basnayake,
QC presiding and Justices
M.C. Sansoni,
H.N.G. Fernando, N. Sinnetamby and L.B. de Silva.
George E. Chitty, QC of the
unofficial bar was retained by the government to lead the prosecution assisted by L.B.T. Premaratne, QC and Crown Counsel Ananda Pereira. Deputy Solicitor General Ameer opposed this move and resigned in protest.
E. B. Wikramanayake, QC argued that the Capital Punishment (Repeal) Act did not re-introduce the death penalty for conspiracy to commit murder. The court agreed with the submission. All appeals were dismissed but amended the sentences imposed on Buddharakkitha Thero and Jayewardena from death to rigorous life imprisonment.
Capital Punishment (Special Provisions) Bill By this time S. W. R. D. Bandaranaike's widow
Sirima Bandaranaike had formed a government and was prime minister. Angered by the decision of the Appeal Court, the government drafted a new bill. On behalf of the government C.P. de Silva who was the leader of the house on January 18, 1962 presented the Capital Punishment (Special Provisions) Bill. The bill stated specifically that with regard to the Bandaranaike assassination, provision was made for the execution of those convicted for murder and conspiracy to murder the former prime minister. It rendered null and void the Appeal courts decision to alter death sentence to life imprisonment for those guilty of conspiracy. The bill drew loud protests and outcry, with Dr
Colvin R. de Silva stating that the bill was "a barbarous bill amounted to murder by statute". The government faced with widespread opposition withdrew the bill on January 25, on the pretext that an appeal to the Privy Council was in progress.
Appeal to the Privy Council All the convicted persons made an appeal to the Judicial Committee of the
Privy Council, which were refused by an order of the Privy Council in May 1962.
Sir Dingle Foot QC, appeared on an honorary basis for Somarama Thero. Newton Perera, who was accused of procuring the murder weapon, a .45 Webley Mark VI revolver and ammunition, as well as providing weapons training to Somarama was acquitted of murder by the Privy Council. However, following his release from remand prison, he was served with a charge sheet by the police and was found guilty of all. He was thereafter dismissed from the police.
Punishment of convicted Execution Talduwe Somarama Thero thanked his counsel Weeramanthri in open court and later converted to Christianity and was baptized in his cell by the Anglican priest Father Mathew Pieris. He was hanged in the gallows at the
Welikada Prison on July 6, 1962. He was 48 years old. The hanging was undertaken by
state executioner Lewis Singho and his assistant Subatheris Appu.
Imprisonment On May 7, 1966, acting on the advice of the Minister of Justice of
Dudley Senanayake's government, the Governor General commuted the life imprisonment sentences of Buddharakkitha Thero and Jayewardena to 20 years. Buddharakkitha Thero died in 1967 of a heart ailment aged 46 years after having served time at Welikada prison for 7½ years of his sentence. Hemachandra Piyasena Jayewardena served 17½ years of his sentence and was released on August 4, 1977.
Commission of Inquiry Sirima Bandaranaike in 1963 appointed a
commission of inquiry under the Commission of Inquiry Act of 1948 to inquire into the political aspects of the Bandaranaike assassination. The commission consisted of Justice
T. S. Fernando, Justice
Abdel Younis from Egypt and Justice
G.C. Mills-Odoi from Ghana. Commission received the services of
Solicitor General A. C. Alles and Crown Counsels R.S. Wanasundara and R.I. Obeyesekera.
W. Dahanayake, Lionel Goonetilleke (former Assistant Superintendent of Police, CID), Ossie Corea, F.R. "Dickie" de Zoysa,
Vimala Wijewardene and
Sydney de Zoysa were called to appear before the commission. The commission released a report as Sessional Paper III of 1964; with adverse finding of only former Minister
Vimala Wijewardene. ==Conspiracy theories==