Nambukaragamage Nandasena alias M.P. Nandasiri vs. Hon. Attorney General – CA HCC/0089/2020-2024

In the case between Nambukaragamage Nandasena alias M.P. Nandasiri (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court addressed the legality of using identical evidence to convict the appellant on charges of grave sexual abuse after the same evidence had been presented in a distinct rape case involving different charges and time periods. The court held that such evidentiary and procedural overlap constituted a violation of natural justice and deprived the accused of a fair trial, resulting in grave prejudice. The principle reaffirmed is that procedural regularity and fairness are essential to the administration of justice, and that an act of the court should not prejudice any party (Actus Curiae Neminem Gravabit). Reliance was placed on relevant case law