Warnakulasooriya Migel Kuttilage Thushara Emmanuwel Chaminda v. The Hon. Attorney General – CA133/2013-2013

In the case between The Hon. Attorney General and Warnakulasooriya Migel Kuttilage Thushara Emmanuwel Chaminda, the court addressed whether the accused-appellant was denied legal representation in absentia, contrary to Article 13(3) of the Constitution and Section 241(2) of the Criminal Procedure Code. The sequence of events included the appellant’s conviction for rape under Section 364(2)(e) of the Penal Code and subsequent arguments that the accused had been denied representation. The findings established that the High Court Judge neither refused the attorney’s application to appear for the absconding accused outright nor violated constitutional or statutory protections, but postponed determination pending confirmation of representation and attempted to contact the accused via Interpol,