The Court of Appeal yesterday ordered its Registrar to arrange a viewing of the video tape and photographs in the Galle Tsunami murder and theft case to the Counsels of the accused on May 4.
The bench comprising of Justices Sisira Abrew and Upali Abeyratna made this order when the appeal of the two convicted persons was taken up before court.
M. Nuwan Kumara Duminda and K. Ajith de Silva of Galle appealed against their conviction and death sentence passed by the High Court of Galle when they were found guilty of the murder of Denithi Desika Kalyani of Gintota and the theft of her gold chain on 26 December 2004.
Desika Kalyani was a 35 year old single woman who was rescued by some youth from the first tsunami wave in Galle on the December 26, but left at the pavement. The two accused youth were then seen grabbing her gold chain and pushing her into the second wave.
Counsel for the second accused Thirantha Waraliyadda told the court that the whole case was based on a video tape filmed by a journalist and photographs published by newspapers and requested the court to provide an opportunity to see the contents of the video tape.
P. Samararatna who appeared with Attorney-at-Law Shirantha Liyanage submitted to court that the photographs were produced to court at the trial without the negatives and that therefore it was important to see those photographs. Deputy Solicitor General Jayantha Jayasuriya appeared for the Attorney General.
The Court ordered the Registrar to show the video tape and photographs to the counsels at the Registry on May 4 and fixed the argument for May 25.
