Corporal J.A.N.G. Jayasinghe v. Air Commodore C.R. Gurusinghe et al. – CA 252/2010-2010

In the case between Corporal J.A.N.G. Jayasinghe (Petitioner) and Air Commodore C.R. Gurusinghe (President, District Court Martial, Air Force Headquarters, Colombo 2) and others (Respondents), the court addressed the issue of whether the conviction and sentence imposed by a District Court Martial on the Petitioner for refusing to obey a superior officer’s order and attempting to commit violence should be quashed by way of a Writ of Certiorari. It was held that there was no merit in the Petitioner’s application, as the alleged defence of “accident” was neither substantiated by evidence nor raised during the initial proceedings, and the Judge Advocate was not obliged to direct the tribunal on it. The principle reaffirmed was that a defence not raised during the prosecution case nor supported