Arumabadadurage Ariyaratne v. Attorney General – SC APPEAL 23A/2009-2014

In the case between Arumabadadurage Ariyaratne (Accused Appellant Petitioner) and the Honorable Attorney General (Respondent), the court addressed the issue of whether a procedural default—specifically, the appellant’s absence due to inadvertent scheduling error by counsel—compromises the fairness of appellate proceedings. It was held that when a bona fide mistake by counsel resulted in the appellant’s unrepresented absence, and an unreserved apology had been tendered, the strict application of procedure should not override the fundamental principle of fairness. The decision reaffirmed the principle that the administration of justice requires both the reality and appearance of fairness, relying upon established legal standards governing judicial discretion in procedural defaults. The outco