Sri Lankan SC Confirms Death Sentence To Ukrainian National, Cites Indian SC Judgment [Read Judgment]

However, it set aside the death penalty imposed on his girlfriend.

The Supreme Court of Sri Lanka has upheld the death sentence imposed on a Ukrainian national named Mazur Ivegen for the murder of an 8-year-old child and a housemaid. The death sentence imposed on his girlfriend Iana Bereznah has been set aside.

Mazur Ivegen and Iana Bereznah, both Ukrainian nationals, were held guilty for murdering an 8-year-old child and a housemaid and for attempting the murder of mother of the child, Victoria Kim, who survived the attack.

Both had been sentenced to death by the high court.

On their appeal to the Supreme Court contending that there were contradictions in the prosecution case, the bench headed by Justice Priyasath Dep has cited Indian case law Bhoginbhai Hirjibhai vs. State of Gujarat (AIR 1983-SC 753), holding that the high court correctly disregarded contradictions and omissions are minor contradictions and omissions which did not go to the root of the prosecution case.

But the court found that there is no sufficient or credible evidence to establish that the accused conspired to murder Victoria Kim and pursuant to the conspiracy, murdered the child Jason Kim, Daisy Manohar and attempted murder of Victoria Kim. As far as the offence of conspiracy to burn Victoria was concerned, since no act was committed pursuant to that conspiracy, the court held that they could be imposed with seven years’ imprisonment, on that count.

The Supreme Court upheld the death sentence imposed on Mazur Ivegen for the murder of the 8-year-old child and the housemaid.

However, the death sentence imposed on Iana Bereznah for the conspiracy was set aside, and considering the fact that she was in remand custody since the commission of the offence, a sentence of two years’ simple imprisonment was imposed on her.

Read the Judgment here.