Ratnayake v. The Attorney-General – sllr 2004 volume 1 page 390

In Ratnayake v. The Attorney-General, the court addressed whether the trial judge’s failure to formally adopt the proceedings of a predecessor constituted a fatal procedural defect necessitating a re‑trial, and whether substantial delay since the 1989 incident adversely affected the accused-appellant’s rights and justice. It was determined that the violation of fundamental procedural requirements would generally require a re‑trial, but the extraordinary delay and the resulting prejudice to the accused-appellant’s family justified an alternative remedy. The previously imposed sentence of 4 years’ rigorous imprisonment was substituted with a 2-year term, suspended for 10 years. This decision reinforces that procedural defects may warrant judicial mitigation in the face of significant delay a