Appeal Court affirms death sentences of five convicted over 152 kg heroin haul

Colombo, Nov. 21 (Daily Mirror) - The Court of Appeal today upheld the death sentences imposed on five individuals convicted of trafficking 151.341 kilograms of heroin in 2019, a consignment that was at the time the largest narcotic stock ever detected by the Sri Lanka Navy.

A two-judge bench comprising Justice Pradeep Hettiaratchchi, with Justice P. Kumararatnam agreeing, affirmed the judgment delivered by Colombo High Court Judge Namal Balalle on September 27, 2023. The High Court had found all five accused guilty on all three counts in the indictment and imposed the death sentence for each count.

The convicts Chaminda Rohana Fernando, Anton Chrisantha Fernando, Dulag Ravindra Perera, Liyanadurage Surange and Tharindu Jayantha Fernando, all residents of Kattuwa, Negombo—were charged with conspiracy, trafficking, possession and peddling of 152.341 kilograms of heroin. They were arrested on the southern high seas on November 2, 2019, while operating a multi-day fishing trawler named ‘Buddhima’, allegedly using their cover as fishermen to transport the narcotics.

The Attorney General had indicted the five under Section 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance, as amended, read with Sections 102 and 113B of the Penal Code.

The appellants challenged their convictions and sentences on several grounds, including that the trial judge had failed to properly assess alleged infirmities in the prosecution’s evidence and had incorrectly evaluated the legal elements of “possession” and “trafficking.” However, after reviewing the record, the Court of Appeal held that there was no basis to interfere with the High Court’s findings or the sentence imposed.

Additional Solicitor General Shanil Kularatne, together with State Counsel Vishwa Wijesuriya, appeared for the Attorney General.