Jayasooriy A And Others v. Attorney General – sllr 2009 volume 1 page 101

In the case between Jayasooriya A and Others (Plaintiffs/Appellants) and the Attorney General (Respondent), the court addressed whether the trial judge’s omission to offer and record the accused’s option to be tried by a jury in accordance with Section 195(ee) of the Code of Criminal Procedure amounts to a fundamental procedural breach, and whether extrinsic evidence could remedy this omission. It was held that the absence of a recorded jury option constitutes a fundamental defect that is incapable of being cured under Section 465A, and that extrinsic evidence, such as an entry in the State Counsel’s file, cannot substitute for the judicial record. The principle reaffirmed requires trial judges to maintain a complete and accurate record as an integral element of a fair trial. This decision