The Court of Appeal, in its recent judgment, held that any court can alter any indictment or charge at any time before the judgement is pronounced.
However, the Court of Appeal observed that the court has to ensure that no prejudice is caused to the accused when making such alterations.
The Court of Appeal (President) Justice Priyantha Fernando and Justice Wickum Kaluarachchi made these remarks while delivering a judgement pertaining to an appeal filed by an accused who was convicted of committing a murder.
The Court of Appeal reiterated that Section 167 of the Code of Criminal Procedure Act provides for alterations to any indictment or charge.
The counsel appeared on behalf of the accused and alleged that the trial judge erred by allowing the prosecution to amend and add the alias name of the accused during the trial as it caused severe prejudice to the accused.
The alias name of the accused, ‘Bunchi’, which was the name that had been used to identify the accused by the people known to him, was allowed to be added to the indictment by the High Court Judge on an application made by the prosecution at the trial.
Accused Porage Nishan Perera Alias Bunchi was sentenced to death for committing the murder of one Suranga Nuwan Kumara Perera, punishable in terms of section 296 of the Penal Code.
The accused had filed this appeal on several other grounds as well. They were the credibility of eye witnesses and contradictions in the evidence.
The Court of Appeal held that the grounds of appeal were devoid of merit and the appeal was dismissed accordingly. The Court of Appeal affirmed the conviction and sentence imposed on the accused by the High Court.
