Acquittal of five accused in 196 kg heroin case AG files appeal against the judgement

By Lakmal Sooriyagoda  

The Attorney General has filed an appeal in the Supreme Court challenging the legality of the judgement delivered by Colombo High Court Trial-at-Bar to acquit five accused from multiple charges including importing, possessing and trafficking of 196.98 kilograms of heroin.  

The Attorney General is seeking an order to set-aside the Judgement of the High Court-at-Bar dated 6th of April, 2023 to acquit five accused from all charges.  

In its judgement, Colombo High Court Trial-At-Bar ordered to acquit five accused Jayakody Arachchige Anura Chaminda Appuhamy, Thavarasa Sudakaran, Aglesa Pille Thavarasa, Yakdehi Arachchige Lasantha Priyalal Appuhamy and Kandiah Chandrakumar from all charges on the basis of  failure of the prosecution to prove the charges against the accused beyond a reasonable doubt and contradictory evidence of the prosecution witnesses. 

 
The Attorney General maintained that the net weight of heroin was found to be at 196.986 kilograms, purity of which was 77.711%, as confirmed by the Government Analyst in the course of the proceedings relevant to this appeal.  

The Attorney General had filed indictments against five accused for jointly committing offences punishable under Section 54 A (c); 54 A (d); and, 54 A (b) of the Poisons, Opium and Dangerous Drugs Ordinance.   

The five accused who were arrested with the suspected substance of narcotic drugs, were taken into the custody of the Sri Lanka Navy along with the fishing trawler and brought to the shore at the Naval Base in Trincomalee by the Sri Lanka Navy in 2019.  

The Attorney General stated that the High Court-Trial-At-Bar erred in law by its failure to come to specific findings on facts and law in relation to each and every ingredient of the offences in the three counts against the accused.  

The Attorney General maintained that the judgement of the High Court Trial-At-Bar is contrary to the law and the weight of the evidence. The Attorney General further stated that the High Court Trial-At-Bar misdirected itself in law by failing to identify facts in issue, being the ingredients of the offences in each count.  
In his appeal, the Attorney General further sought an order that each of the accused be committed to remand custody. 

• The AG stated that the High Court Trial-at-Bar erred in law by  its failure to come to specific findings on facts and law in relation to  each and every ingredient of the offences