HC life imprisonment sentence: CA sets aside sentence and acquits

Thursday, 30 May 2019 00:00 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Court of Appeal yesterday set aside the conviction and sentence of and acquitted the Accused-Appellant Kanagasooriyan Alaguthurai, a resident of Trincomalee.

The Court of Appeal Bench, comprising Justices Kumudini Wickramasinghe and Priyanda Fernando, delivered the judgment, acquitting the Appellant.

Accused-Appellant Kanagasooriyan Alaguthurai was a resident of Trincomalee and a fisherman by occupation. On 29 June 2008, he was arrested by the Security Forces at Uppral, Trincomalee while passing a checkpoint with several members of the public.

It was alleged that a detonator explosive substance, RDX, were found in his possession. On being arrested, he was served a Detention Order under the Emergency Regulations.

The Accused-Appellant was indicted under the Emergency Regulation No. 1405/14 of 13.08.2005 in the High Court of Trincomalee. The Prosecution submitted the evidence of a number of Army personnel, Police officers and Deputy Government Analysts.

The Accused gave evidence and denied all allegations labelled against him. However, the Court found him guilty and on 10 July 2014, sentenced him to a term of life imprisonment.

The Accused appealed against the said conviction and sentence of the High Court. The appeal application was taken up before the Bench comprising Justices Kumudini Wickramasinghe and Priyanda Fernando.

It was contended by Counsel for the Accused-Appellant that the charge against him cannot stand, and that the productions alleged to have been recovered from the Accused was not properly produced and forwarded to the Government Analysts.

It was further submitted that the Prosecution had failed to place before Court witnesses or evidence to prove the integrity of the chain of custody of the productions. It was also submitted that obnoxious evidence had been allowed to be led by the Prosecution.

Considering the above matters, the Attorney General indicated that they did not wish to proceed with the matter. Consequently, the Court of Appeal set aside the conviction and sentence and acquitted the Accused Appellant.

Senior Counsel K. S. Ratnavale with Suranga Bandara and Ranitha Mayooran appeared for the Accused-Appellant. Senior State Counsel H. A. Navavi appeared for the Attorney General.