Nanayakkara Vithanage Padmasiri vs Hon. Attorney General – CA 135/2011-2014

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Nanayakkara Vithanage Padmasiri (Accused Appellant), among others, the court addressed whether the trial conducted in absentia of the accused complied with Section 195(ee) of the Code of Criminal Procedure Act, particularly regarding the right to a jury trial. It was held that when an accused is absent but represented by counsel, and no election for a jury trial is made by the Attorney-at-Law on proper instructions, the trial may lawfully proceed as a non-jury trial. The principle reaffirmed is that the statutory framework permits non-jury trials in such circumstances unless a jury trial is expressly sought through counsel. This decision relied on Sections 195, 241, and 161 of