Kalawila Pathirage Piyal Wickramarathne v. Hon. Attorney General – CA: 138/2011-2011

In the case between Kalawila Pathirage Piyal Wickramarathne (Accused Appellant) and the Hon. Attorney General (Respondent), the core issue addressed was whether the conviction for murder by the High Court was grounded on inadmissible evidence—specifically, the use of a deceased witness’s statement without legal proof of death and without opportunity for cross-examination, as required under Section 33 of the Evidence Ordinance and Section 10 of the Criminal Procedure Special Provisions Act No. 14 of 2005. The appellate court determined that the procedural irregularity—admission of inadmissible evidence and reliance upon it for conviction—rendered the original proceedings materially flawed. The conviction and sentence were set aside, and a re-trial was ordered with priority, reaffirming due