News
AG challenges acquittal of three men in Ali Roshan case
View(s):By Ranjith Padmasiri
The Attorney General has appealed the acquittal of three men in the Ali Roshan case over the illegal custody of elephants.
In his appeal, the AG argues that the three-judge Trial-at-Bar of the Colombo High Court had erred in failing to give due consideration to the evidence given by expert witnesses from the prosecution on determining the exact age of an elephant or other wild animals.
The three-judge Trial-at-Bar sentenced Samarappulige Niraj Roshan Fernando, alias “Ali Roshan”, to 15 years in prison after finding him guilty on two counts of keeping an elephant illegally without a permit. The court, however, acquitted and released the three other accused.
In his appeal to the Supreme Court (SC), the AG has requested the SC to set aside the ruling of the Trial-at-Bar, reconsider the evidence submitted by the prosecution and find “Ali Roshan” and the other three accused guilty of all charges filed against them.
The AG’s appeal states that the three expert witnesses produced by the prosecution had nearly 30 years’ experience in the wildlife field, especially elephants.
The Trial-at-Bar, however, had opted to dismiss the evidence presented by these experts, stating that they did not possess the necessary qualifications to determine the age of an elephant. As such, the AG has argued that the Trial-at-Bar had not given due consideration to the evidence presented by these witnesses and that it had further failed to properly understand the evidence presented regarding the charge of conspiracy.
A total of 28 indictments were filed against the accused, though the court found “Ali Roshan” guilty of only two counts, ruling that the prosecution had failed to prove the other charges beyond reasonable doubt.
The AG’s appeal argues that the decision to find “Ali Roshan” guilty on only two counts and the ruling to acquit the other three accused are contrary to law. The three accused who were acquitted are Uchitha Nishan Dhammika, who is the brother of Ali Roshan; P.G. Jayalath, a relative; and a former Deputy Director of the Department of Wildlife Conservation, Upali Padmasiri.
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