Judgement reserved in Ambepitiya murder appeal

Wasantha Ramanayake

COLOMBO: A Bench of five Supreme Court Judges yesterday reserved the judgement in the High Court Judge Sarath Ambepitiya Murder Appeal.

The Bench comprised Justices Mrs. Shirani Thilakawardane, N.K. Udalagama, Nimal Dissanayake, Nimal Gamini Amaratunga and Andrew Somawansa.

The Counsel made their submissions for the second day un till 4.45 in the evening, amidst tight security in and around the Court premises. President's Counsel Rienzie Arsekulerathne for first accused-appellant Mohammed Niyas Naufer concluding his submissions argued that the main witness of the prosecution Thilak was proved to be a liar.

The Counsel submitted that it was through Thilak that the prosecution had linked his client with the other four accused-appellants. He submitted that the prosecution had failed to make out even a prima facie case against the first accused-appellant.

Dr. Ranjit Fernando for the four accused-appellant at the outset informed the Court that he was basing his appeals on seven questions of law. He submitted that among other matters that Trial-at-Bar had not submitted any other evidence other than what they had done among themselves against the four accused-appellants.

The Counsel also submitted that the Lord Ellenborough Dictum had been erroneously applied with regard to the appellants i.e. they were under the obligation in law to explain and could not have remained in silence.

The Counsel contended that the Trial-at-Bar had erroneously accepted the nude opinion of the fingerprints expert.

Solicitor General C.R. de Silva PC submitted that witness Thilak maintained a close contact with first appellant Naufer. The SG submitted that Thilak had been using a car belonged to Naufer. He submitted that Naufer had used a particular hand phone exclusively to communicate with Thilak and the other four appellants.

The SG further submitted that the evidence against the other appellants had been amply corroborated by the evidence of the cab driver, DNA reports and the fingerprint experts. Five accused-appellants Mohammed Niyas Naufer alias Potta Naufer, H. Nishantha Udaya Kumara, S.T. Wijewardane Abeywickrama, H.S.R. Rupasinghe and M.P.A. Sumedha Niroshana cited the Attorney General as respondents.

They appealed against the conviction and the death sentence imposed on them by the Trial-at-Bar in Colombo on July 4, 2005. They sought to set aside their conviction and sentence.

The Trial-at-Bar convicted and sentenced them to death for committing the murder of High Court Judge Sarath Ambepitiya and his personal bodyguard Inspector R.A. Upali on November 19, 2004. They were further convicted for the conspiracy charges.

President's Counsel Rienzie Arsekularatne appeared for first appellant.

Dr. Ranjit Fernando appeared for the 2,3,4 and 5 appellants.

Solicitor General C.R. de Silva PC appeared for the Attorney General.