MAHATHUN AND OTHERS
vs.
ATTORNEY GENERAL

COURT OF APPEAL
H.N.J. PERERA, J.
K.K. WICKRAMASINGHE, J.
CA 168 -170/2012
HC. MATARA 110/2008
FEBRUARY 25, 2015
MARCH 12, 20, 2015
MAY 13, 2015
JUNE 5, 9, 2015
JULY 15, 2015

Penal Code - Section 32 - Section 296 - Murder - convicted. Testimonial trust worthiness - credibility of witness - contradictions and omissions - should they go to the root of the matter? If not can the Court disregard them? - Could an Appellate Court disturb the finding of a trial Judge unless it is meaningfully wrong?

Held:

(1) When faced with contradictions in a witness testimonial, the Court must bear in mind the nature and significance of the contradictions, viewed in light of the whole of the evidence given by the witness. 

(2) Too great a significance cannot be attached to minor discrepancies, or contradictions.

(3) What is important is whether the witness is telling the truth on the material matters concerned with the event.

(4) Where evidence is greatly reliable much importance should not be attached to the minor discrepancies and technical errors.

(5) A Court of Appeal will not lightly disturb the findings of