Welivita Liyanage Don Mahesh Lasantha Perera vs. The Hon. Attorney General – CA HCC/0080/2017-2023
Brief
In the appeal involving the Democratic Socialist Republic of Sri Lanka (Attorney General’s Department as Complainant/Respondent) and Welivita Liyanage Don Mahesh Lasantha Perera (2nd accused-appellant), the court examined whether the conviction was sustainable based on the evidence presented. The primary issue was whether identification evidence, the conduct of the identification parade, and the absence of confirmatory forensic testing met the standard of establishing guilt beyond reasonable doubt, particularly under the common intention doctrine. Substantial concerns were identified regarding pre-parade contamination, procedural irregularities, and the lack of DNA analysis for forensic samples, which collectively undermined the probative value of the prosecution’s case. It was concl

