– The Court of Appeal has dismissed an appeal filed by a private bus driver and affirmed his conviction and 13-year-and-three-month rigorous imprisonment sentence for causing the deaths of seven people and injuries to dozens of others in a fatal road accident near Chilaw in 2017.

The Court observed that the bus was travelling at an excessive speed estimated at between 80 km/h and 120 km/h, swaying from side to side, overtaking dangerously and racing another bus. It subsequently collided with the rear of a three-wheeler travelling on the left side of the road, swerved across the road, struck a bridge or culvert and overturned.A two-judge bench comprising Justices Amal Ranaraja and Dr. Sumudu Premachandra delivered the judgment yesterday, concluding that the sentence imposed by the High Court of Puttalam was lawful and neither excessive nor disproportionate to the offences committed.

This appeal relates to a motor traffic accident on November 6, 2017, near the Mundalama Bridge on the A-3 road. According to the prosecution evidence, the accused, Mohamed Jifry Mohamed Wahil, was driving a crowded passenger bus travelling from Colombo towards Jaffna when he engaged in a series of highly reckless maneuvers.

Seven people died in the accident, while 21 suffered grievous injuries and 24 others sustained minor injuries.Justice Dr. Premachandra observed that reckless and negligent driving by public transport operators was a common occurrence, particularly on inter-provincial routes, where speeding, dangerous overtaking and racing between private buses and Sri Lanka Transport Board buses could endanger passengers and pedestrians.The prosecution case was supported by several eyewitnesses, including passengers and other road users. The Court observed that witnesses testified to the bus travelling at a terrifying speed and swaying dangerously before the collision.

Technical evidence also ruled out mechanical failure as the cause of the accident. The Motor Vehicle Inspector who examined the vehicles at the scene found no mechanical defect and described the road as a normal, straight stretch under standard conditions.The accused had claimed that the three-wheeler driver had attempted a sudden U-turn, resulting in the accident. He also admitted that he had been travelling at excessive speed.The accused was charged with seven counts under Section 298 of the Penal Code for causing death by a rash or negligent act, 21 counts under Section 329 for causing grievous hurt by an act endangering human life, and 24 counts under Section 328 for causing hurt in similar circumstances.

Following a lengthy trial, the High Court sentenced him to one year of rigorous imprisonment on each of the seven Section 298 counts, three months on each of the Section 329 counts and one month on each of the Section 328 counts. The sentences were ordered to run consecutively, resulting in a total of 13 years and three months’ rigorous imprisonment, together with fines totalling Rs. 55,800.