Galbokka Hewage Noyel Wijaya de Silva v. Hon. Attorney General – CA N0.293/2006-2006

In the case between Galbokka Hewage Noyel Wijaya de Silva (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the accused-appellant was afforded a fair trial, focusing on the sufficiency of judicial directions provided to the jury regarding unrecorded and contested witness testimony. It was held that the trial judge’s failure to caution the jury on this evidential matter adversely affected the fairness of the proceedings, amounting to a miscarriage of justice. The court reaffirmed the principle that a fair trial requires precise judicial handling of evidence, especially when essential aspects are disputed or omitted from the record. Reliance was placed on established criminal procedure and the rights of the accused, emphasizing that such procedural l