Kahandagamage Dharmasiri Bogahahena vs The Republic of Sri Lanka – CA 17/2004-2012

In Republic of Sri Lanka v. [Accused-Appellant-Petitioner] (1st accused in the murder of Arabada Gamage Nandawathie), the court addressed whether material omissions and the delayed identification of the accused by key prosecution witnesses, attributed to fear and trauma, undermined their credibility and the reliability of the evidence. The case further questioned whether the failure to scrutinize police information books during the appeal process constituted legal error. It was held that the delay in witness statements due to genuine fear, corroborated by forensic evidence and consistent testimonial details, did not diminish the reliability of the evidence. The holding reaffirmed that psychological context and corroborative circumstances may justify belated witness statements, and material

REF: CA 17/2004-2012 Category: Tag:
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