Thammettayalage Thissa Kumara vs Attorney General – CA 06/2011-2016

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Attorney General) and Thammettayalage Thissa Kumara, the court addressed whether the High Court erred in refusing the accused-appellant’s application for a de novo trial following a conviction for murder rendered in absentia, and whether the appellate court should exercise its revisionary powers despite the significant delay and contumacious conduct of the accused-appellant. It was held that the High Court’s refusal to grant a new trial was justified, and the appeal—filed over five years late—lacked merit, reaffirming the principle that discretionary appellate and revisionary relief requires both compliance with statutory deadlines and good faith conduct. Reliance was placed on the Code of Criminal Proce