The Historic Verdict Against A Wild Elephant Thief In Sri Lanka 

A historic verdict was delivered recently in Colombo, breaking years of silence and inaction over crimes committed against Sri Lanka’s wild elephants. For decades, the illegal capture, trade, and possession of elephants thrived under political protection and legal loopholes. Allegations once swirled even around powerful leaders and judicial figures, but prosecutions rarely followed. Last Friday’s (September 19th 2025)  judgment changed that, as the High Court imposed the harshest sentence ever handed down for elephant trafficking in Sri Lanka.

The three-judge bench, comprising High Court Judges Manjula Thilakaratne, R. S. S. Sapuvidath, and Lanka Jayaratne, unanimously convicted Samarapepulige Niraj Roshan, alias “Ali Roshan,” of two serious offences: unlawfully possessing a wild elephant by fraudulently registering it with the Department of Wildlife, and acquiring an elephant considered public property. He was sentenced to 15 years of rigorous imprisonment and fined Rs. 20.6 million. If the fine is not paid, he faces an additional four years of imprisonment and a three-month suspended sentence.

The Attorney General’s Department had filed 36 indictments against Roshan and seven others, relating to the trafficking of five elephants. While Roshan was found guilty of illegally possessing one elephant, the court ruled that the evidence was insufficient to prove charges regarding the remaining four. His brother Uchitha Nishan Dhammika, Deputy Director of Wildlife Upali Padmasiri, and another accused were acquitted. Earlier, four others had been released under Section 200 (1) of the Criminal Procedure Code without calling evidence.

Deputy Solicitor General Janaka Bandara, leading the prosecution, emphasized the gravity of the offences and urged the bench to impose the maximum penalty available under the law.

“Victims of other crimes can come before court and describe their suffering. But elephants, as victims of these illegal acts, cannot speak for themselves. The Attorney General appears on their behalf,” he argued. He also noted that elephant trafficking had, for years, involved powerful individuals who acted outside the law.

In response, defense counsel pleaded for leniency, highlighting Roshan’s role as a father of three school-going children and requesting a sentence that would allow him to reintegrate into society.

The court, in delivering its judgment, stated that Roshan had been convicted after a long trial and noted that he had a previous conviction. It ruled that keeping elephants, which are considered public property, without legal authority constituted a serious crime. The court further declared that elephants are a national asset and that protecting them has become a pressing challenge, adding that appropriate punishment must be imposed when such crimes are proven.

The ruling also stated that certain charges could not be sustained because the prosecution had not specifically established the dates of some offences, or clearly identified the elephants and locations referred to in those indictments. The court also found that while expert testimony had been provided regarding the age of the animals, it was not sufficient to prove the ages of all the elephants mentioned. Accordingly, Roshan and the other accused were acquitted of those counts.

For the 28th charge, fraudulently taking possession of an elephant that was public property. Roshan was sentenced under the Public Property Act No. 12 of 1982 to 15 years of rigorous imprisonment and fined Rs. 20.6 million.

For the 27th charge, possessing an unregistered elephant without a license on or about 31 August 2015 in Aruwakkalu, while misrepresenting it as a registered elephant (No. 350), he was sentenced under Section 22A (7) of the Fauna and Flora Protection Ordinance to five years of rigorous imprisonment and fined Rs. 200,000, with a three-month suspended sentence in default. The elephant in question was ordered confiscated and handed over to the Director General of Wildlife.

The court ruled that the sentences imposed for the 27th and 28th charges would run concurrently, making the total term of imprisonment 15 years. However, if the fines are not paid, the additional sentences will run consecutively.

The Attorney General’s office, represented by Deputy Solicitor General Janaka Bandara, State Counsel Samadari Piyasena, and State Counsel Beswald Lakshman Perera, prosecuted the case. The defense included Senior Counsel Ajith Pathirana and Sidhantha Jayawardena, among others.

The sentence handed down to Ali Roshan is now recognized as the toughest ever in Sri Lanka for elephant trafficking. For years, elephant smuggling and illegal registrations were overlooked, ignored, or dismissed, often due to the influence of powerful networks. Yesterday’s verdict represents not just accountability for one trafficker but a message that Sri Lanka’s wild elephants, asymbols of heritage and