Court of Appeal orders retrial after twenty one years

February 08, 2022

Twenty-one years after the commission of the offence, Nuwara Eliya High Court ordered by the Court of Appeal to commence retrial on a day-to-day basis. In this case two men charged with raping an 18-year-old woman in 2001. The victim, now 39, a mother of two children is to be testified again at the retrial to be commenced from March 15. High Court Judge Darshika Wimalasiri was directed to recommence the trial on a day-to-day basis as per the Court of Appeal verdict, since the alleged offence had taken place a long time ago. Prosecutors alleged the victim, a resident of Thalawakelle in Nuwara Eliya was raped by two accused after being abducted while she was returning home from the church. The two accused had been convicted and sentenced to 18-year- rigorous imprisonment by Nuwara Eliya High Court on December 28, 2015. Subsequently, the two accused filed an appeal in the Court of Appeal challenging the conviction on the basis that the trial judge failed to secure the defendant's right to a trial by a jury or non-jury trial at the outset. In its judgment, the Court of Appeal directed to hold a retrial before the Nuwara Eliya High Court.

Court of Appeal orders retrial after twenty one years

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