Mahinda Jayarathne vs Hon. Attorney General – CA [PHC] APN NO.49/2014-2015

In the case between T. A. Mahinda Jayarathne and the Hon. Attorney General, the court addressed the admissibility of a deceased witness’s statement (P4), recorded at a non-summary inquiry, under Section 33 of the Evidence Ordinance. It was held that the statement was not admissible, as amendments to the Criminal Procedure Code in force at the relevant time precluded the accused from having the right or opportunity to cross-examine the witness, an essential condition under Section 33. The holding reaffirmed the principle that admissibility of such evidence requires a real legal right to cross-examination at the time of the original proceeding. The decision relied on statutory amendments (Act No. 15 of 2005 and Act No. 42 of 2007) and principles of statutory interpretation, emphasizing that