Samantha Marina Nirmalene De Soyza vs Officer-in-Charge, Colombo Fraud Investigation Bureau – CA PHC APN. NO. 101/2011-2011

In the case between Samantha Marina Nirmalene De Soyza (Accused-Petitioner) and Officer-in-Charge, Colombo Fraud Investigation Bureau, and the Honourable Attorney-General (Complainant-Respondents), the court examined the legality of a Magistrate’s sentencing order issued without a plea or finding of guilt, and the subsequent High Court order that recognized this illegality but imposed a new payment schedule with further default imprisonment. It was determined that both the Magistrate’s and High Court Judge’s orders were procedurally flawed, as due process requirements under section 25 of the Debt Recovery Act and section 386 of the Penal Code demand a plea of guilt or a finding of guilt prior to conviction and sentencing. Orders inconsistent with these principles were set aside, reaffirmin