Death penalty affirmed in heroin case heard by present CJ as High Court Judge

By Lakmal Sooriyagoda  

The Supreme Court yesterday affirmed the death sentence imposed on an accused by Colombo High Court in 2013 for possession and trafficking of 34.32 grams of heroin. It was revealed that the judgement relating to the conviction and death sentence of this accused had been delivered by the present Chief Justice, Preethi Padman Surasena, when he was serving as a High Court judge in 2013.   

Delivering the judgement Justice Kumudini Wickremasinghe with Justice Yasantha Kodagoda and Justice Janak De Silva agreeing also affirmed the Court of Appeal judgement which dismissed the appeal filed by the accused against the High Court judgement. The accused Indrani Gunasekara was indicted in the High Court of Colombo along with another accused and they were found guilty for possession and trafficking of 34.32 grams of heroin which are punishable under Section 54 A (b) and 54 A(d) of the Poison, Opium and Dangerous Drugs Act. After the trial, the two accused were found guilty and sentenced to death.   

The Supreme Court dismissed the appeal citing that there exists no material contradiction undermining the substratum of the prosecution case. The Court further held there is no failure of heightened scrutiny, and no improper rejection of the defence.   

Kapila Waidyaratne, PC appeared for the accused. Additional Solicitor General Lakmali Karunanayake, PC appeared for the Attorney General.