FREEDOM AFTER 30 YEARS Death row inmate freed from a 30 year old murder case as court finds identification evidence unreliable

Serious doubts existed regarding the reliability of the identification evidence relied upon by the prosecution

The husband of a neighbour woman who had died from a snakebite allegedly believed that Rosalin Nona and her relatives were responsible for the death through sorcery

The Court further observed that police officers who arrived at the scene shortly after the incident were unable to locate the bodies that night due to poor visibility. The bodies were discovered only the following day 

By Lakmal Sooriyagoda   

The Court of Appeal has acquitted a man who had been sentenced to death for a double murder committed over 30 years ago, ruling that serious doubts existed regarding the reliability of the identification evidence relied upon by the prosecution.  

A two-judge bench comprising Justice P. Kumararatnam and Justice Pradeep Hettiarachchi delivered the judgement pursuant to an appeal filed by the accused. The Court of Appeal set aside the conviction and death sentence imposed by High Court on Imiyage Don Vipula Hemantha Kumara alias Wasantha, the first accused in the case, while upholding his conviction for causing injuries to a surviving victim. The accused had been convicted by the Gampaha High Court in November 2017 over the killings of Imiyage Don Rosalin Nona and Ratmalgodage Wimal Ranjith and was sentenced to death on two counts of murder. He had also received a sentence of two years’ rigorous imprisonment and a fine for causing injuries to a third victim.  

According to the prosecution, the incident relates to a dispute linked to allegations of black magic. The husband of a neighbour woman who had died from a snakebite allegedly believed that Rosalin Nona and her relatives were responsible for the death through sorcery.  

The prosecution case was that on the night of September 20, 1995, an armed group arrived at a devalaya operated by Rosalin Nona’s family in the Nittambuwa area. Rosalin Nona, her brother-in-law Wimal Ranjith, and her sister Karunawathie were allegedly attacked, resulting in the deaths of Rosalin Nona and Wimal Ranjith.  

The conviction had largely been based on the testimony of two eyewitnesses who identified the accused as the attacker.  

However, the Court of Appeal found significant weaknesses in the prosecution’s evidence, particularly regarding the conditions under which the witnesses claimed to have identified the accused. The Court of Appeal observed that the prosecution witnesses stated they had identified the accused using light from a bulb fixed under the roof of a house and illumination from the nearby devalaya. Yet, the investigating officer testified that there was no such light fixture at the location and only a wire was present.  

The Court further observed that police officers who arrived at the scene shortly after the incident were unable to locate the bodies that night due to poor visibility. The bodies were discovered only the following day.  

Shavindra Fernando, PC with Amanda Imbulana appeared for the appellant. State Counsel Tharaka Kodagoda appeared for the Attorney General.