Archives

Death sentences set aside in double murder

The Court of Appeal set aside the conviction and sentence of death passed on an accused in a double murder ordering instead that the accused be retried due to a procedural irregularity at the trial.

The Bench comprised justices Raja Fernando and G.W. Edirisuriya.

The Attorney-General had filed indictment against Ponnaperuma Arachchige Ratnapala Wijeratne alias Lal that he did on or about 25th Oct 1986 commit the double murder of two sisters, namely Don Wimalawathie and Don Indrani Hema. The 1st Decd. Don Wimalawathie was the wife of Accd. and the 2nd deceased the wife's sister.

Prosecution led the evidence of the father of deceased who testified that there were differences in the marriage between the accused and his daughter and that they had been separated consequently. In view of the displeasure between the elder daughter and the accused another daughter (deceased in Count 2) had always accompanied the wife of the accused (deceased in Count 1) for her safety. On the day in question around 7.30 am the father hears that his daughters were lying injured near the boutique of one Nelson mudalali, and on reaching the scene finds both daughters stabbed to death.

The entire prosecution case and the conviction rested on the testimony of two eye witnesses, Malson and Ajin Nona. On the basis of this evidence the accused was found guilty as charged of both murders, convicted and sentenced to death on 26th May 2000.

Counsel appearing for the Accd-Applt before the Court of Appeal submitted that the Trial Judge had erred in Law, by allowing the deposition testimony at the Non-Summary proceedings of the only two witnesses Malson and Ajin Nona to be led in evidence in view of the fact that their deaths had in fact not been proved in the High Court as required by Law. It was submitted that no death certificates had been produced in evidence for this evidence to be led under the provisions of the evidence ordinance and in the absence of proof of death, such evidence would be inadmissible and if the conviction was based on inadmissible evidence, it is vitiated.

The Court of Appeal in its judgment upheld the submission made on behalf of the Accd-Applt in this regard and set aside the conviction and sentence of death passed by the High Court Balapitiya on the Accd-Applt.

However, considering that the Appeal was upheld on a procedural irregularity amounting to an illegality and not due to any paucity of evidence the Court of Appeal ordered that the accused be retried de novo on the same Indictment strictly according to procedure laid down by Law.

Dr. Ranith Fernando with Ms. Sandamali Munasinghe and Ms. Ranmaliee Jayawardena appeared for the Accused-Appellant.

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager