Counsel complains to Court of Appeal about failure of prosecution to give access to computer evidence sought by accused

By Chitra Weerarathne

The Colombo High Court had not reasonably treated accused appellant Upali Liyanage in respect of computer evidence, the accused appellant had complained to the Court of Appeal.

Sanjeewa Jayawardene, President’s Counsel, on Monday submitted to the Court of Appeal, that according to the Interpretation Special Provisions Law that an accused who sought access to computer evidence, the prosecution should give that due access within 15 days, as it was a safeguard given by the law to an accused person and to prevent the possibility of tampering. But to the accused appellant, Upali Liyanage, the prosecution had not given that access up to 77 days.

It was a gross delay. Even up to date, that access had not been permitted.

Upali Liyange, was the Chairman of the Fisheries Corporation, when Mahinda Rajapaksa was the President. The Prosecution against Upali Liyange was launched during the Maithripala Sirisena regime.

The accused appellant, Liyanage has complained to the Court of Appeal, that the High Court of Colombo left it open-ended, without a terminal date, and to date to the discretion of the prosecution.

President’s Counsel Sanjeewa Jayawardene appeared with Ranmalee Meepage for the accused appellant Upali Liyanage.

Deputy Solicitor General Sudharshana de Silva appeared for the Attorney General.

The bench comprised Justice Menaka Wijesundera and Justice Neil Iddawela.

The case will resume on 14 March.