Conviction, death sentence set-aside

BY WASANTHA Ramanayake

THE Court of Appeal setting aside the conviction and sentence by the Matara High Court ordered to re-try the accused in a murder case since the coroner's inquest, the non-summary proceedings and the High Court trial had been held coincidently before the same judicial officer during his career in the respective capacities.

The Bench comprised Justices Gamini Abeyratne and S. I. Imam.

The court upholding the preliminary objections raised by counsel Dr. Ranjit Fernando for the accused-appellant set-aside the conviction and death sentence.

Delivering the judgment, Justice Gamini Abeyratne observed that the counsel for the accused-appellant raised preliminary objections that the conviction was flawed since the Coroner's inquest, non summary inquiry and the High Court Trial had been held by the same judicial officer during his career in his respective capacities in the judicial hierarchy.

Justice Abeyratne observed that the High Court Judge should have refrained from trying the case of the accused.

"It is the considered view of the Court that the learned High Court Judge has refrained from laying himself open to vulnerability."

He noted that the same judicial officer presiding at all three stages would not support the notion that Justice must not only be done but manifestly be seen to be done, in open court and eventually appear to have been done which would consequently diminish the public confidence in the judiciary.

Justice Abeyratne observed that in the absence of any authority which had pronounced upon the situation concerned, it would be more ethical to agree with the view that to judge fairly, a judge should not be supposed to know the facts of life until it was presented to him by way of evidence.

"The preconceived notions deeply ingrained in the recesses of a human mind due to prior familiarity and acquaintance could certainly not better the cause of Justice with special application to a trial case and certainly may be tantamount to a violation of the principle that the Justice must not only be done."

Dr. Ranjit Fernando with H. Gunawardane, H. Kularatne and R. de Silva appeared for the accused-appellant.

Senior State Counsel Shavindra Fernando appeared for the Attorney General.