News
SC overturns Colombo High Court acquittal of drug runners
View(s):By Ranjith Padmasiri
The Supreme Court has overturned a judgment by a three-judge bench of the Colombo High Court that acquitted and released a group of accused arrested in international waters with 194 kilogrammes of heroin, describing the lower court’s ruling as a “perverse judgment.”
The SC accepted the appeal made by the Attorney General and ordered that the case be taken up again.
The SC found that the high court had not properly analysed or considered the evidence presented by the prosecution when hearing the case into the indictments filed against the accused, who had claimed to be fishermen.
The court also ordered that the case be taken up again before a different three-judge bench.
The order was given by a five-judge bench of the Supreme Court headed by Justice S Thurairaja and comprising Justices Yasantha Kodagoda, Shiran Gooneratne, Achala Wengappuli, Priyantha Fernando. The order was given by Justice Kodagoda with the agreement of the other justices.
Additional Solicitor General (ASG) Azad Navavi, PC, who appeared for the AG with State Counsel Krisanga Fernando, told the SC that the high court had arrived at its decision to acquit and release the accused without conducting a proper assessment or analysis of the evidence presented by the prosecution.
ASG Navavi added that the lower court had given its ruling without considering the evidence given by naval officers who had arrested the accused in the high seas, and also after dismissing evidence presented by the defence. While there were shortcomings in the evidence presented by the prosecution, they were not enough to acquit the accused, he further argued.
He pointed out that the seized stock of heroin had a purity of 70 per cent and the arresting officers had no room to fabricate their story.
Three of the accused have already fled abroad
after the acquittal, with only two accused being present in the Supreme Court during the appeal. ASG Navavi informed court that necessary action
has been taken to obtain red notices to arrest the accused who had fled abroad.
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