|
|
|
 |
 |
 |
| Wednesday, 19 May 2004 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
by Wasantha Ramanayake The police had forcibly obtained the signature of the second accused on a half sheet after assaulting and falsely implicating him in the robbery of two gold chains belonging to the deceased, submitted the counsel before a special Five Judge Supreme Court Bench hearing the Hokandara Murder Appeal on Monday. Counsel Gayan Perera for the second accused submitted that the medical officer who observed the second accused had reported of 16 injuries that could have been caused by the Police assault. The Counsel submitted that the Police recovered the two gold chains based on the false statement made by him. He contended that such a discovery based on a statement made by an accused under the Section 27(1) of the Evidence Ordinance should be voluntary. He submitted that the Trial-at-Bar in their judgement failed to consider that aspect. He submitted that the second accused should be acquitted of the charge of robbery of two gold chains. He also submitted that the third accused had been arrested merely because the first, second and the fourth accused happened to be inside his home. The Bench comprised Justices Dr. Shirani Bandaranayake, H. S. Yapa, Asoka de Silva, T. B. Weerasuriya and Nihal Jayasinghe. Accused-appellants H. E. Menaka Sanjeewa, K. J. S. Sri Nandana, S. A. Mahinda Siriwardane and H. P. Gayan Suranga cited the Attorney General as the respondent. They appealed against the conviction and the death sentence by the Trial-at-Bar, dated November 17, 2000. First to third accused were found guilty of committing the murder of six members in the same family i.e. the farther, mother, three daughters and the son on February 10, 1999 and were further sentenced to a total of 30 years RI on the charge of robbery and gang rape. The fourth accused was sentenced to 20 years RI on the charge of gang rape. Shyamal Collure appeared for the first accused. Gayan Perera with Prabha Perera appeared for the second and third accused. Rienzie Arseculeratne PC appeared for the fourth respondent. Solicitor General C. R. de Silva PC appeared for the Attorney General. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
