Attorney General vs Hemasiri Fernando – SC TAB 02/2023-2024

Brief
In the case between the Attorney General (on behalf of the complainant-appellant) and Hemasiri Fernando (the former Secretary of the Ministry of Defence, accused-respondent), the Supreme Court addressed whether the High Court-at-Bar erred in acquitting the accused without calling for his defence in connection with coordinated suicide bombings. It was held that the acquittal was incorrectly granted at the close of the prosecution’s case, and a correct interpretation of Section 200(1) of the Code of Criminal Procedure required a full trial with defence participation. The judgment reaffirmed the principle that a trial judge must properly consider whether there is sufficient evidence requiring an accused to answer before acquitting. Relying on relevant sections of the Code of Criminal Pr