K.K. Anura Alias Marrai vs The Attorney General – CA 200/2005-2012

In the case between K.K. Anura Alias Marrai (Accused-Appellant) and the Attorney General (Respondent), the court examined whether the trial judge committed material irregularity by relying upon statements to police and non-summary inquiry evidence that were not produced at trial when convicting the accused of murder. The appellate court determined that such reliance was contrary to established Sri Lankan law, which strictly prohibits the use of material not adduced in open court as substantive evidence, unless expressly permitted by statute. Upon review of the evidence and legal principles, it was determined that the accused’s conviction for murder and sentence of death could not stand. Instead, a conviction for culpable homicide not amounting to murder was substituted, with a sentence of