|
|
|
 |
 |
 |
| Thursday, 25 November 2004 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
SC Judges affirm conviction and death sentence by Wasantha Ramanayake The special Bench of five Supreme Court Judges yesterday dismissing the Custom's Officer Sujith Prasanna Perera Murder Appeal affirmed the conviction and the death sentence imposed on the accused-appellants. The Bench comprised Justices H.S. Yapa, T.B. Weerasuriya, Nihal Jayasinghe, N.K. Udalagama and Raja Fernando. Delivering the unanimous judgment, Justice Yapa noted there was no merit in the arguments of the respondents' counsel. Justice Yapa observed that the respondents' counsel Dr. Ranjit Fernando had argued that there was no mention in the judgement by the Trial-at-Bar to the effect that the prosecution had proved the charges beyond reasonable doubt. He observed: "However this omission did not mean that the Trial-at-Bar did not give its mind to the question of the burden of proof requiring the prosecution to prove its case beyond reasonable doubt, when one reads the judgment it would appear that the learned Judges have proceeded on the basis that the prosecution has established its case beyond reasonable doubt." In terms of the judgment that the main witness for the prosecution, Assistant Superintendent of Customs Rathnayake who had been tendered a pardon by the Attorney General, had submitted the Trial-at-Bar that the first accused Anura Weerawansa had requested him to find a person "who could ride a motor bicycle well". The witness had testified that from the conversation with the accused, he had gathered that the first accused was talking about Perera and he needed a motor bicycle to harm him. The witness submitted that he knew that there was a Custom inquiry pending against the first accused in which Perera was an important witness. Three accused-appellants Anura Weerawansa, K. Vajira Indrajith and Saman Udaya Kumara cited the Attorney General as the respondent. Three accused were convicted and sentenced to death in connection with the murder of Perera on March 24, 2001. The accused-appellants appealed against the conviction and the death sentence imposed on them by Trial-at-Bar. Dr. Jayampathi Wickremarathne PC with Gaston Jayakody appeared for the first accused-appellant. Dr. Ranjit Fernando with Himalee Kularathne appeared for the second and third accused-appellants. Additional Solicitor General Priyasath Dep PC with State Counsel Mohan Senevirathne and Riyaz Hamza appeared for the Attorney General. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
