Vishawanadan and Others vs. Attorney General – sllr 2021 volume 1 page 014

In the case between Visahwanadan and Others (Plaintiff/Appellants) and the Attorney General (Defendant), the court addressed the admissibility of delayed witness testimony, particularly concerning Murugase Ravindran, and the correct legal approach to the burden of proof with respect to the accused’s alibi defence. The sequence of events involved convictions for murder at the trial stage, followed by an appeal highlighting misdirection by the trial court regarding evidentiary burdens and the acceptance of late witness statements. Upon review, it was held that while errors occurred, including the improper placement of the burden of proof on the accused, these did not result in a substantial miscarriage of justice. It was determined that a delayed witness statement may be accepted if the dela