16 September 2022 08:44 am Views - 97
By Lakmal Sooriyagoda
The Court of Appeal in its recent judgement, held that any Court can alter any indictment or charge at any time before the judgement is pronounced.
However, the Court of Appeal observed that the Court has to ensure that no prejudice is caused to the accused when making such alterations.
The Court of Appeal (President) Justice Priyantha Fernando and Justice Wickum Kaluarachchi made these remarks while delivering a judgment pertaining to an appeal filed by an accused who was convicted for committing a murder.
The Court of Appeal reiterated that section 167 of the Code of Criminal Procedure Act provides for alterations to any indictment or charge.
Counsel appeared on behalf of the accused alleged that the trial Judge erred by allowing the prosecution to amend and add the alias name of the accused during the trial as it causes a severe prejudice to the accused.
The alias name of the accused, ‘Bunchi’, which was the name that has been used to identify the accused by the people known to him, was allowed to be added in the indictment by the High Court Judge on an application made by the prosecution at the trial.