JAYAWEERA AND ANOTHER

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
WICKREMASINGHE, J.
GAFFOOR, J.
CA/140-141/2012
HC COLOMBO 3174/2006
SEPTEMBER 19, 2018

Penal Code, sections 296, 380 and 32-Murder-Robbery-Code of Criminal Procedure Act, No. 15 of 1979, sections 256, 257-Power of the Attorney General to grant a pardon to an accomplice-Evidence Ordinance, sections 114(b), 133-Corroboration of evidence of an accomplice

The appellants were convicted of three counts of murder and two counts of robbery by the High Court. During the trial the prosecution led the evidence of an accomplice who had been granted a pardon by the Attorney General. The appellants challenged the conviction on several grounds of appeal including the reliability of the evidence given by the accomplice.

Held:

1. Sections 256 and 257 of the Code of Criminal Procedure Act, No. 15 of 1979, empower the Attorney General to grant a pardon to an accomplice. There is no mandatory requirement to mark the documents in relation to pardon in evidence.

2. When the possibility exists that a statement made to the police was forced and the investigation was mishandled at some stages, it is unsafe