Sudath Kumara Peprera vs. Hon Attorney General – CA HC/271/2015-2015

In the case between Sudath Kumara Peprera (Accused Appellant) and the Hon. Attorney General, the court addressed whether the Accused Appellant was denied a fair trial due to the Learned Trial Judge’s pre-emptive invocation of the presumption under Section 114(f) of the Evidence Ordinance before hearing the defense. It was held that such conduct amounted to misdirection and resulted in the denial of a fair trial, thereby warranting the vacation of the conviction and sentence and ordering a retrial. The principle reaffirmed is that the right to a free and fair trial under Article 13 of the Constitution must be strictly observed. Reliance was placed upon statutory interpretation and procedural fairness, with emphasis on corrective judicial intervention where the trial process is compromised.