Kamil Kuthubdeen was found guilty by the High Court and had his conviction upheld by the Court of Appeal on December 13, 2023.
An appeal to the Supreme Court was filed against this Judgement.
Subsequent to the appeal made to the Supreme Court, serious concerns have arisen concerning the evaluation of evidence by the Court of Appeal.
A per incuriam application is preferred to the Court which delivered the judgement when the said judgement is alleged to be erroneous due to some mistake not attributable to the aggrieved party and when the aggrieved party is prejudiced by such mistake.
In this instance, a per incuriam application has been preferred in light of the certified copy of the record of the Court of Appeal revealing in particular that several key documents crucial to the defence of the accused have not been properly placed before the Court of Appeal for the perusal of the Judges, even though reference is made to such documents in the judgement.
The said per incuriam application has been filed before the Court of Appeal to review its judgement, being gravely concerned by the legal and human rights implications of the above circumstances.
The Hon. Attorney General is seeking to resist the said application.
The application has been filed by President’s Counsel Faiszer Musthapha, and Additional Solicitor General Shanil Kularatne appeared for the Hon. Attorney General.