Samy And Others v. Attorney-General (Bindunuwewa Murder Case) – sllr 2007 volume 2 page 216

In the case of Samy and Others v. Attorney-General (Bindunuwewa Murder Case), the Supreme Court considered whether mere presence at the scene constituted membership of an unlawful assembly, the standards for individual culpability in group crimes under the Penal Code, and the proper application of established legal principles—specifically the Lucas principle and the Ellenborough dictum. The proceedings involved 41 accused facing 83 counts, including serious charges under various provisions of the Penal Code, arising from the killing of 27 detainees and the injuring of 14 detainees during unrest at the Bindunuwewa Rehabilitation Centre. The trial court’s reliance on evidentiary inferences and the conduct of police officers were critically examined. It was held that the evidence did not esta