Sept. 9
SRI LANKA:
SC affirms death sentence on Sadeepa Lakshan murder accused
A special Bench of five Supreme Court Judges yesterday affirmed the
conviction and the death sentence imposed on the accused-appellant in the
Sadeep Lakshan Murder Appeal.
Delivering the judgment, agreed by rest of the Bench, Chief Justice Sarath
N. Silva PC among the other matters noted that accused had made the
confession on his own without any inducement or force.
"The statement has been made after he had spent more than ten days in the
remand custody, he had ample opportunity to reflect on the consequence of
making a statement. In his own words he was induced to make a statement
pricked by his own conscience to make clean breast of his involvement and
to save his friends who according to the evidence were not directly
involved in the commission of any such offence."
The CJ also stated that the intention of the accused to make quick money
coupled with his actions subsequent to the kidnapping of the boy could
lead to no other inference than that he intended to commit the murder.
The counsel for the appellant argued that the confession was not voluntary
and violated Section 24 of the Evidence Ordinance. As an alternative the
counsel contended that the accused did not have the intention to commit
the murder; therefore, the conviction should be for culpable homicide.
The special Bench of 5 Supreme Court Judges comprised Chief Justice Sarath
N. Silva PC, and Justices Dr. (Mrs.) Shirani Bandaranayake, Hector S.
Yapa, Asoka de Silva and Nihal Jayasinghe.
The Trial-at-Bar sitting in the Colombo High Court imposed the death
sentence on accused-appellant Sinharage Amila Nuwan de Silva for
committing the murder of 8 year old school boy Sadeepa Lakshan in
Kaluwamodara, Aluthgama on October 11, 1999.
Being aggrieved by the sentence, the accused-appellant urged the appeal on
the grounds, among other things, that the Trial-at-Bar had accepted the
confession allegedly made by him although it was not signed by the
relevant judicial officer.
The accused-appellant sought to set aside the conviction and the sentence
imposed by the Trial-at-Bar.
Ranjit Abeysuriya PC appeared for the accused-appellant.
Senior State Counsel Dappula de Livera appeared for the Attorney General.
(source: Daily News)
