|
|
|
 |
 |
 |
| Wednesday, 11 June 2003 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
by Sarath Malalasekera Former Senior Superintendent of Police Douglas Peiris who was charged with the abduction of two brothers during the 1989 terror period was yesterday acquitted by the Colombo High Court Judge Kumar Ekaratne on an application by the Senior Defence Counsel without calling for the defence. Douglas Peiris was charged on four counts was being a member of an unlawful assembly during the terror period of 1989 and abducting two brothers, Chandrsiri Mudunkotuwa and Pemasiri Mudunkotuwa of Kelaniya. At the conclusion of the Prosecution's case, President's Counsel Ananda Wijesekera citing section 201 of the Criminal Procedure Code moved court to discharge and acquit the accused as the prosecution had failed to prove the charges beyond reasonable doubt. Quoting the "Law of Evidence" the President's Counsel said that in consequence of Lord Goddard's views on the question of 'reasonable doubt' as the accepted formula in this matter, the English Law on the subject cannot be laid down with a degree of certainty. It will be interesting to trace developments since the views expressed by Lord Goddard. The President's Counsel submitted that the incident had taken place on December 28, 1989 and the first complaint had been made in 1995. Even assuming that during the period 1989-1990, there was a fear psychosis that prevailed in the country, it is common knowledge that by 1991, conditions had improved and it was possible for any citizen to lodge a complaint at any Police station. It would be dangerous to act on the evidence of the complainant in view of the long delay which not been satisfactorily, explained. Senior State Counsel Buvenaka Aluvihare with State Counsel Sanjeewa Dissanayake appeared for the Prosecution. President's Counsel Ananda Wijesekera with Lal Kularatne, Miss Uma Chandrasena and Mohan Sellapperuma appeared for the Defence.
|
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
