The Court of Appeal today upheld the death sentences handed down to five individuals convicted of trafficking 151.341 kilograms of heroin in 2019—at the time the largest narcotic haul detected by the Sri Lanka Navy.
A two-judge bench comprising Justice Pradeep Hettiaratchchi, with Justice P. Kumararatnam agreeing, affirmed the judgment delivered by Colombo High Court Judge Namal Balalle on September 27, 2023. The High Court had found all five accused guilty on all three counts in the indictment and imposed the death penalty for each count.
The convicts—Chaminda Rohana Fernando, Anton Chrisantha Fernando, Dulag Ravindra Perera, Liyanadurage Surange, and Tharindu Jayantha Fernando, all from Kattuwa, Negombo—were charged with conspiracy, trafficking, possession, and peddling of 152.341 kilograms of heroin. They were arrested on the southern seas on November 2, 2019, while operating a multi-day fishing trawler named Buddhima, allegedly using their fishing activities as cover for narcotics transport.
The Attorney General filed charges under Section 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance, as amended, read with Sections 102 and 113B of the Penal Code.
The appellants challenged their convictions and sentences on several grounds, including claims that the trial judge had not properly evaluated alleged shortcomings in the prosecution’s case and had misinterpreted the legal elements of “possession” and “trafficking.” However, after reviewing the case record, the Court of Appeal ruled that there was no reason to overturn the High Court’s decision.
Additional Solicitor General Shanil Kularatne, assisted by State Counsel Vishwa Wijesuriya, appeared on behalf of the Attorney General.
