Muthuarachchi vs. Attorney General – sllr 2020 volume 2 page 223

In Muthuarachchi (Appellant/Accused) v. Attorney General, the issue concerned whether a 25-day delay by witnesses in naming the accused undermined their evidence under the legal tests of spontaneity and contemporaneity. The court addressed whether the trial court had failed to evaluate witness credibility adequately and whether the burden of proof was improperly shifted to the accused. The conviction was based on delayed and potentially unreliable statements, with concerns raised about the risk of fabrication. The findings established that the prosecution’s evidence was not sufficiently credible due to unaddressed delays and inconsistencies. The Court of Appeal set aside the convictions, reaffirming that prompt, reliable evidence is essential to sustain a conviction and the prosecution mus