Kulakulasuriya Sachalakkarage Asanka Fernando v. Democratic Socialist Republic of Sri Lanka – HCC/0050/19-2021

In the case between the Democratic Socialist Republic of Sri Lanka and Kulakulasuriya Sachalakkarage Asanka Fernando alias Sajee, the court addressed whether the conviction for trafficking and possession of heroin under Section 54 of the Poisons Opium and Dangerous Drugs Act No. 13 of 1984 was proper. It was held that the trial judge had failed to properly consider material defence evidence, particularly testimony from independent police witnesses that contradicted the prosecution’s timeline and narrative. The credibility findings concerning prosecution witnesses were determined to be unsafe, and it was concluded that the prosecution’s case was not established beyond reasonable doubt. The decision reaffirmed the principle that full and fair evaluation of both prosecution and defence eviden

REF: HCC/0050/19-2021 Category: Tag:
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