Ihala Arachchilage Chandrasena alias Junda Vs. The Attorney General – CA 54/2008-2008

In Attorney General of the Democratic Socialist Republic of Sri Lanka v. Ihala Arachchilage Chandrasena alias Junda, the court addressed whether the accused was denied a fair trial on account of the trial judge’s refusal to recall the sole eyewitness (PW1) for further examination after a judicial succession had occurred, and whether the conviction was safe given the credibility concerns surrounding critical evidence. It was determined that the refusal to recall the witness was not founded on sound judicial reasoning and that the accused’s right to a fair trial had been compromised. Reliance was placed on Section 48 of the Judicature Act and relevant constitutional and human rights provisions, reaffirming the legal principle that an accused is entitled to procedural fairness when judicial s