Hettiarachchige Chandana Hettiarachchi vs The Attorney General – CA 130/2005-2012

In the case between Hettiarachchige Chandana Hettiarachchi (Accused Appellant) and the Attorney General (Respondent), the court addressed the issue of whether the accused appellant was denied a fair trial due to the High Court’s failure to comply with the mandatory provisions of section 195(ee) of the Code of Criminal Procedure Act, which requires direct inquiry by the trial judge as to the accused’s preference for a trial by jury. It was held that the omission to ensure personal inquiry from the accused constitutes an illegality that invalidates the trial and subsequent conviction, reaffirming the principle that procedural safeguards regarding fundamental rights of the accused must be strictly observed. This decision relied on statutory provisions and relevant judicial precedents, emphasi