Lack of evidence: Triple murder accused acquitted

Wasantha Ramanayake

COLOMBO: The Court of Appeal recently acquitted an accused in a triple murder case due to the lack of evidence.

The court noted that no purpose would be served in odering a re-trial, on the same basis and directed the priosn authorities to release Kalahitiya Vithanage Dharmasiri of Thalgampala, Akmeemana, the accused, as soon as practicable without any delay.

The accused was indicted with committing the death of Jagodage Elgin, L.P. Dayawathie, and Jagodage Kanthi.

Justice Ranjith Silva delivering the judgement with Justice Sisira de Abrew agreeing held that the evidence before the trial judge was not sufficient to prove the case against the accused beyond reasonable doubt on the identity of the accused and of the weapons.

Justice Silva observed that “so-called circumstantial evidence” were not suffcient to establish the guilt of the accused beyond reasonable doubt.

The circumstantial evidence must be capable of any other than the guilt of the accused. Dr, Ranjit Fernando with Ms. Amila Udayanganie and Inoka Withanage aapeared for the accused-appellant.

Deputy Solicitor Genral Buvaneka Aluvihare appeared for the Attorney General.