Kulatunge and Another vs. Commission to Investigate Allegations of Bribery or Corruption and Another – sllr 2021 volume 2 page 160

In the case between the 2nd defence witness (Appellant) in KULATUNGE AND ANOTHER vs. Commission to Investigate Allegations of Bribery or Corruption (Respondent), the court addressed whether the Appellant’s evidence amounted to deliberate falsehood constituting perjury under section 449(1) of the Code of Criminal Procedure Act. It was held that a conviction for perjury necessitates proof of intentional misrepresentation of facts to a very high degree, requiring a “glaring case” before section 449(1) may be applied. On reviewing the evidentiary material, including telephone records and witness testimony, the court set aside the conviction and sentence for perjury and acquitted the Appellant. The decision reaffirms the principle that a high evidentiary threshold and strict legal standard must