A businessman convicted of value-added tax (VAT) fraud has filed an application with the Court of Appeal, seeking to have a five-judge bench appointed to re-examine the evidence in his case. Kamil Kuthubdeen, whose conviction was upheld by the Court of Appeal on December 13, 2023, has raised serious concerns regarding the evaluation of evidence by the court.
An appeal to the Supreme Court against this judgment is also pending.
The application, known as a per incuriam application, is filed when a judgement is alleged to be erroneous due to a mistake not attributable to the aggrieved party, causing prejudice to that party.
In this case, the application was prompted by the discovery of a certified copy of the Court of Appeal’s record, which revealed that several key documents crucial to the defense were not properly presented before the judges for their perusal, despite references to these documents in the judgement.
The per incuriam application has been submitted to the Court of Appeal, highlighting the serious legal and human rights implications of these circumstances.
TheAttorney General is opposing the application.
The application was filed by President’s Counsel Faiszer Musthapha, while Additional Solicitor General Shanil Kularatne appeared on behalf of the Attorney General. (Newswire)
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