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| Wednesday, 23 February 2005 |
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by Wasantha Ramanayake The Court of Appeal set aside the conviction and death sentence imposed by the Colombo High Court on an accused who had been found guilty of attacking an army camp at Karainagar along with a group of 500 LTTE cadres with the intention of killing Army personnel. The Bench comprised Justices Gamini Abeyratne and S.I. Imam. Dr. Ranjit Fernando for accused-appellant Shanmugasunderam Ragupathy submitted that the trial-judge had failed to consider the evidence of the prosecution had not supported the particulars of the charge resulting in the non-compliance of the provisions of the Code of Criminal Procedure Act. The counsel submitted that although the Superintendent of Police who had recorded the confession had stated in his evidence that the accused had confessed attacking an Army camp at Karainagar during this particular period, he had not checked the veracity of the confession with regard to the attack. Senior State Counsel Buvaneka Aluvihare submitted that he was unable to support the conviction. Dr. Ranjit Fernando with S. Vinayagamoorthi and Amitha Amarasena appeared for the accused-appellant. Senior State Counsel Buwaneka Aluvihare appeared for the Attorney General. |
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