Indrananda De Silva v. Lt. Gen. Waidyaratne and Others – sllr 1998 volume 1 page 175

In the case between Indrananda De Silva and Lt. Gen. Waidayaratne and others, the court addressed the admissibility of a previously rejected confession and the sufficiency of remaining evidence in convicting a Lance Corporal under the Army Act. It was determined that the confession, initially excluded for want of voluntariness, was improperly reintroduced under the guise of a “statement from the dock.” Upon exclusion of this tainted evidence, the remaining prosecution material was found to be unreliable and insufficient to sustain the conviction. The court held that the requirements of natural justice and procedural fairness were not met during the Court Martial proceedings. The conviction was quashed, the appellant’s release was ordered, and costs were awarded against the State, reaffirmi

REF: sllr 1998 volume 1 page 175 Category: Tag:
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