Sudharman De Silva v. The Attorney General – sllr 1986 volume 1 page 009

In the case between Sudharmān de Silva (Accused-Appellant) and others, and the Attorney-General, the court examined whether an accused who has absconded from trial retains the statutory right to appeal under Section 14 of the Judicature Act. The court held that an accused’s right of appeal, established by statute, cannot be negated solely due to contumacious conduct such as absconding. This principle upholds that statutory rights of appeal are not subject to judicial discretion based on the appellant’s behavior. The decision relied on the language of Section 14 and supporting case law, reinforcing the protection of procedural rights even in the face of misconduct by the appellant. The appeal was allowed, and the matter was remitted to the Court of Appeal for rehearing.

Sharvananda, C.J. —