A special three-judge High Court in Colombo has sentenced a 63-year-old defendant, known as Gafur Mama and Abu Hadeep, to 60 years of rigorous imprisonment for collecting explosives and a T-56 assault rifle at a property in Wanathawilluwa in north-western Sri Lanka in 2018, and conspiring to do so. The court ordered that the sentences run concurrently, meaning he will serve an effective term of 12 years.
The defendant, identified as Mohamed Sharifu Adam Lebbe, pleaded guilty to all five charges brought against him by the Attorney-General. The sentence was delivered on Wednesday by a bench comprising judges Lal R. Bandara, Rashmi Singappuli and Nayomi Wickramasekara. Each charge carried a 12-year prison term, with the court directing that all five terms be served simultaneously.
The judges also ordered that the seven-and-a-half years the defendant had already spent in custody be deducted from the 12-year term. He was arrested on 26 April 2019 and had since been held under detention orders and in remand custody.
Delivering the ruling, presiding judge Bandara said the court had taken into account the defendant’s age and his decision to admit the charges without consuming further court time. These considerations had led the bench to impose a more lenient sentence, he said.
The judge thanked the defendant for pleading guilty and said the court believed he regretted his past actions and should be given an opportunity to return to society as a better person. He explained that sentencing was no longer viewed solely as a means of protecting society by imposing punishment proportionate to an offence. Where possible, courts should also allow offenders to correct their past conduct and reintegrate into society, he said.
However, the judge added that punishment must still discourage offenders from committing similar offences again. He also directed the prison superintendent to ensure adequate security when the defendant is taken to the High Courts in Kegalle and Batticaloa on dates when other cases against him are heard.
The court considered submissions from Dimuthu Sandakelum, the government-appointed lawyer representing the defendant, and State Counsel Tharini Ratwatte, who appeared for the Attorney-General. The defendant’s lawyer told the bench that his client regretted his actions, understood the seriousness of the offences and promised not to repeat them. He requested the minimum possible sentence.
The five charges were read aloud in Tamil in open court by High Court interpreter V. S. Amudha after the defendant indicated that he wished to plead guilty. He then confirmed his admission of guilt to the court.
The presiding judge said that had the defendant been convicted after a full trial, the court would have ordered the sentences for the charges to be served consecutively rather than concurrently, resulting in a substantially longer period of imprisonment.
Separately, Mohamed Rameesh Mohamed Sajith, also known as Sajith Moulavi, the sixth defendant in the case, told the court on Wednesday that he wished to conclude the charges against him through an expedited procedure. The bench agreed to consider the request and ordered that the case be called again on Thursday, 29 October. The prison superintendent was directed to produce him before the court at 7.45 am.
State Counsel Sajith Bandara and Tharini Ratwatte appeared for the Attorney-General.
