Nalani Lokubandara vs Hiniduma Liayanage Induni Lokubandara – CA COC/0004/19-2022

In the case between Nalani Lokubandara and Hiniduma Liayanage Induni Lokubandara, the court addressed whether audio-visual evidence contained in a compact disc could be admitted at a contempt of court inquiry without prior statutory notice, specifically assessing compliance with the mandatory 45-day notice under section 07(1)(a) of the Evidence (Special Provisions) Act No. 14 of 1995. The court determined that 45 days’ notice was required, not the 14 days previously believed, and found the procedural default was due to an inadvertent error rather than intentional non-compliance. It was held that, in the interest of justice, proper notice should now be given, and the proceedings were adjourned until this requirement was fulfilled. This decision reaffirmed the principle of mandatory statutor