JAYATISSA V. HON ATTORNEY GENERAL

JAYATISSA V. HON ATTORNEY GENERAL

SUPREME COURT
J. A. N. DE SILVA, C. J.,
SRIPAVAN, J. AND
IMAM, J.
S.C. (SPL) L.A. NO. 229/2009
H.C. (CHILAW) NO. 6/2000
C. A. NO. 27/2004
FEBRUARY 9TH ,2010

Evidence Ordinance - Section 11 Section 105 - When facts not otherwise relevant are relevant?- relevancy of facts which is inconsistent with a fact in issue or relevant fact - defence of alibi - facts which make the existence or non-existence of any fact in issue or relevant fact highly improbable or highly probable

The Appellant, with two others, were indicted before the High Court on a charge of attempted murder. After trial, the 2nda nd 3rd Accused were acquitted and the Appellant was convicted. The Appellant appealed against the judgment of the High Court and the Court of Appeal dismissed the appeal.

The Appellant thereafter appealed to the Supreme Court mainly on the ground that the Judge of the High Court acted on the premise that the defence of alibi raised by the Appellant must be proved by the Appellant.The learned High Court Judge had held that the burden of proof of the defence of alibi is always with the Accused.

Held

(1) The word 'incon

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