|
|
|
 |
 |
 |
| Tuesday, 28 October 2003 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
SC reserves judgement The newly constituted Supreme Court Bench hearing the Rita John murder Appeal reserved judgement and called for written submissions from both parties following the conclusion of oral submissions. The new Bench constituted following the death of Justice D. P. S. Gunasekera comprised Justices Ameer Ismail, Hector S. Yapa, P. Eddusuriya, Asoka De Silva and C. V. Wigneswaran. The Trial at Bar sentenced the three accused Ajith Fernando, Basil Mendis and Kumara Fernando to a total of 42 years Rigorous Imprisonment on the counts of abduction and rape and passed the death sentence in respect of the count of murder. The conviction was on 31st of May 1999. The crime was committed on 11th October 1998 at Crow Island, Modera. All three accused had appealed against their conviction and sentences which appeal was listed for hearing before a Divisional Bench of the Supreme Court consisting of 5 Judges as the Law requires any appeal from a Trial at Bar to be heard by such a specially Constituted Bench. At the hearing of the appeal counsel appearing for the 3 accused appellants had submitted that the Trial at Bar erred in law on several issues inter alia by failing to call and examine as a witness a person originally an accused but subsequently pardoned by the Attorney General which is a requirement under the law. Further grounds had been adduced relating to the attaching of a probative value and attributed guilt to the recovery of the body consequent to a Sec. 27 statement under the Evidence Ordinance whereas with law permitted the attribution of only "knowledge of whereabouts". It was further submitted that the evidence indicated if at all a common intention to abduct and rape although the accused had been convicted of entertaining "a common murderous intention" which was not borne out by the evidence as submitted by counsel for the accused. The Solicitor General on behalf of the state had responded at length to each of the submissions made the defence counsel also citing text and authority. When the new Bench was reconstituted it was decided that written submissions on behalf of both the accused appellants and the state is submitted since the oral arguments had been concluded. Judgement was then reserved to a date to be notified. Dr. Ranjith Fernando appeared for the accused appellants. Solicitor General C. R. de Silva, PC appeared for the state. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
