Ajith Fernando and Others vs. Attorney General – sllr 2021 volume 3 page 168

The case between Ajith Fernando and Others (Plaintiffs) and the Attorney General (Defendant) addressed the evaluation of an accused’s plea of alibi and the burden of proof on the prosecution in a criminal trial. The court held that procedural and evidentiary misdirections by the High Court constituted a failure of justice, leading to the acquittal of all appellants. The principle was reaffirmed that the burden rests on the prosecution to prove guilt beyond a reasonable doubt, irrespective of the defence put forward. The decision relied upon principles established under the Evidence Ordinance and relevant legal precedents, underscoring that fair trial standards require proper treatment of evidentiary rules and that the prosecution’s case must be assessed on its own merits.

Abayakoon J. —