WP Padma Wickramaratne v. The Attorney General – CALA 5/2008-2012

In the case between WP Padma Wickramaratne (appellant, wife of Gerad Perera, the victim) and M Suresh Gunasena and others (respondents, police officers), the court addressed the issue of whether the acquittal of police officers under charges of torture and related offences was correct. The court held that the evidence against the 1st to 4th accused was sufficient to warrant a retrial, but affirmed the acquittal of the 5th and 6th accused due to lack of evidence. This decision reaffirmed the principle that appellate courts may order a retrial where material irregularities occur in the original trial, particularly where the trial judge fails to indicate acceptance or rejection of crucial witness evidence. Reliance was placed on legal principles pertaining to circumstantial evidence and the n