Muthuwardenage Kamalawathi vs The Hon.Attorney Genenral – CA PHC : 164/2014-2014

In the case between Muthuwardenage Kamalawathi (Petitioner-Appellant) and the Hon. Attorney General, Officer in Charge, Police Station, Pannala (Respondents), the court addressed the issue of whether the registered owner of a vehicle had taken adequate measures to prevent its use in the commission of a forest offence. It was held that the owner bears the burden to establish, on a balance of probabilities, either a lack of knowledge or the exercise of all necessary precautions to prevent the offence, in line with the standards articulated in Manawadu v. Attorney-General. Since contradictory evidence was given by the owner regarding knowledge and relationship to the offender, the finding of insufficient precautions was affirmed, and confiscation was upheld. This decision reiterated the princ