Jagath Kumara Samarahewa and Beddegama Jamila Lal Fernando vs The Hon. Attorney General – CA HCC/0200-201/2018-2023

In the case between Jagath Kumara Samarahewa, Beddegama Jamila Lal Fernando (Accused-Appellants) and the Attorney General, the court addressed allegations of misappropriation of a government vehicle and possession of an unlicensed firearm. The court held that the prosecution failed to prove the charges beyond reasonable doubt, with particular emphasis on the adverse presumption arising from not calling key witnesses such as the Private Secretary and the Minister. The principle reaffirmed was that the prosecution must discharge its burden of proof by presenting a complete evidentiary record, as established in relevant precedents including Mohmood v Western Australia and Walimunige John and Another v The State. The convictions and sentences of the Appellants were set aside, and the appeal wa

REF: CA HCC/0200-201/2018-2023 Category: Tag:
Scroll to Top