The Court of Appeal today set aside the acquittal of the accused in the assassination of former Parliamentarian Nadarajah Raviraj and Police Constable Lokuwellamurage Lakshman, and ordered a retrial before the Colombo High Court.

The decision was delivered by a two-judge bench comprising B. Sasi Mahendran and Amal Ranaraja, following consideration of an appeal filed by the Attorney General challenging the 2016 High Court verdict, which had acquitted the accused.

A central argument raised by the Attorney General was that the High Court judge had failed to properly direct the jury on the evidence of the main prosecution witness, an accomplice identified as Preethi Viraj (PW1). The individual referred to as Preethi Viraj has been identified as Sampath Manamperi, who is reportedly linked to the Sri Lanka Podujana Peramuna and suspected of involvement in narcotics trafficking.

The Court of Appeal observed that the trial judge had not adequately cautioned the jury on the risks of relying on uncorroborated accomplice evidence. It emphasised that, in terms of Sections 133 and 114(b) of the Evidence Ordinance, courts must exercise heightened scrutiny when assessing the credibility of such testimony.

The bench also noted irregularities in the jury process. The trial judge had commenced summing up to the jury at 8:50 p.m., with the jury returning its verdict at 12:50 a.m. The Court of Appeal described this as highly unusual.

Based on the available evidence, the appellate court concluded that there were sufficient grounds to proceed with a trial against the accused. Accordingly, it set aside the High Court’s acquittal and directed that a fresh trial be conducted before the Colombo High Court.

Raviraj was shot dead on 10 November 2006 in Narahenpita while travelling in a red jeep. Five accused had been indicted under the Prevention of Terrorism Act and the Penal Code in connection with the killing. The main witness had testified that the second accused opened fire on Raviraj’s vehicle using a T-56 assault rifle.