W.H.M. Sisira Kumara v. Hon. Attorney General – CA 85-90/2014-2014

In the case between W.H.M. Sisira Kumara and others (Accused-Appellants) and the Hon. Attorney General (Respondent), the court addressed whether the failure of the High Court to offer the accused the statutory option of a jury trial under section 195(e)(e) of the Code of Criminal Procedure Act No — 15 of 1979 constituted a mere irregularity or a fundamental illegality affecting the entirety of the proceedings and conviction. It was held that failure to afford the accused the jury trial option amounted to an illegality, thereby invalidating both the proceedings and conviction. The principle reaffirmed is that the statutory mandate for informing the accused of the right to a jury trial is a fundamental safeguard; its omission cannot be remedied as a technical defect. The decision relied on