Badulla HC acquits ex-ps member, six others

Exploding grenade

The Badulla High Court acquitted Ex- Pradeshiya Sabha member M. K. Thilakaratne, his son M.K. Sarath Kumara and six others accused of exploding a grenade and thereby causing injuries to several persons while also damaging a vehicle belonging to one of the victims whilst being members of an unlawful assembly.

They were indicted in the High Court for causing injuries to H. M. Nandasiri Wasantha and several others and damaging a vehicle in Kandaketiya on October 26, 1999. Judge Sampath B. Tennakoon, at the conclusion of the case, acquitted M.K. Thilakaratne, M.K. Sarath Kumara, D.M. Sumanatissa, B.M. Yasaratna Basnayake, B.M Gunathilake, D.M Karunathilaka and D. M Heenbanda from all charges. Judge Tennakoon, in his observation, said that the burden was always on the prosecution to prove its case beyond reasonable doubt and no such duty is cast on the accused. He said it was sufficient for the accused to give an explanation which satisfies court or at least was sufficient to create a reasonable doubt as to the guilt of an accused. The Judge said if a reasonable doubt was created in the judge’s mind as to the guilt of the accused, the accused would be given the benefit of that doubt. He observed that the prosecution witnesses had failed to identify the accused and the prosecution had failed to prove its case beyond reasonable doubt. Defence Counsel Akalanka Ukwattage with Saman Ratnayake appeared on behalf of the accused.