Five Men Sentenced to Death

The Court of Appeal today upheld the death sentences imposed on five men convicted of trafficking 151.341 kilograms of heroin in 2019—then the largest stock of narcotics ever seized by the Sri Lanka Navy.

A two-judge bench comprising Justice Pradeep Hettiaratchchi, with Justice P. Kumararatnam concurring, affirmed the judgment delivered by Colombo High Court Judge Namal Balalle on 27 September 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 residents of Kattuwa, Negombo—were charged with conspiracy, trafficking, possession and peddling of 152.341 kilograms of heroin. They were arrested on the southern high seas on 2 November 2019 while operating a multi-day fishing trawler named Buddhima, allegedly using their cover as fishermen to transport the narcotics.

Opium and Dangerous Drugs 

The Attorney General had indicted them under Section 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance (as amended), read with Sections 102 and 113B of the Penal Code.

On appeal, the appellants argued that the trial judge had failed to properly evaluate alleged weaknesses in the prosecution’s evidence and had misapplied the legal standards relating to “possession” and “trafficking.” After reviewing the case record, however, the Court of Appeal concluded that there was no basis to disturb the High Court’s findings or the sentences imposed.

Additional Solicitor General Shanil Kularatne, assisted by State Counsel Vishwa Wijesuriya, appeared for the Attorney General.