PADMATILAKE (SGT) V. DIRECTOR GENERAL COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY/CORRUPTION

PADMATILAKE (SGT) V. DIRECTOR GENERAL,
COMMISSION TO INVESTIGATE ALLEGATIONS
OF BRIBERY/CORRUPTION

SUPREME COURT
DR. SHIRANI BANDARANAYAKE, J.
BALAPATABENDI, J.
EKANAYAKE, J.
SC 99/2007
SC SPL LA 80/2007
HC COLOMBO HCMCA 535/04
COLOMBO MC 42837/02
JANUARY 2nd,8th,2009

Bribery Act - No. 2 of 1965 as amended by Act No. 38 of 1974 Section 16 (b), Section 19 (c) -Assessment - Evaluation of evidence - Standard of proof in a bribery case? - Can the High Court cast the accused in cost when it dismisses the appeal?

The appellant was charged on 4 counts in the Magistrate's Court and was convicted of all charges framed under Section 16 (b) and Section 19 (c). The appeal made to the High Court was dismissed with costs.

The Supreme Court granted special leave.

Held

(1) Credibility of prosecution witnesses should be subject to judicial evaluation in totality and not isolated scrutiny by the Judge. When a witness makes inconsistent statements in their evidence either at one stage or at two stages, the testimony of such witnesses is unreliable and in the absence of special circu

Click Here to Read the rest of this document