The Attorney-General vs Segulebbe Latheef and Another – sllr 2008 volume 1 page 225

In the case between The Attorney-General and Segulebbe Latheef and Another, the Supreme Court considered whether the Court of Appeal erred in interpreting Section 195(ee) of the Criminal Procedure Act as imposing a mandatory duty on the trial judge, and whether the failure to inform the accused of their right to elect trial by jury infringed the constitutional right to a fair trial. It was determined that Section 195(ee) imposes a mandatory obligation on trial judges to ascertain whether the accused wishes to be tried by a jury; failure to comply constitutes an illegality rather than a procedural irregularity. The principle reaffirmed is that a fundamental safeguard for fairness under Article 13(3) includes the right to opt for trial by jury. The decision relies on constitutional mandates