W.M.P.Fernando v. Hon Attorney General – CA 11/2015-2015

In W.M.P. Fernando v. Hon. Attorney General, the court addressed the legality of the conviction and death sentence for murder imposed on the accused-appellant. The principal issues included whether due process and the right to legal representation were upheld, and whether the conviction was based on sufficient evidence. It was determined that the accused-appellant was convicted in the absence of eyewitness testimony and primarily upon his own evidence, while being unrepresented, in contravention of section 195(g) of the Code of Criminal Procedure Act and section 4(1)(c) of Act No. 56 of 2007. The High Court’s misdirection regarding the characterization of the incident as a “sudden fight” and reliance on the accused’s own testimony were noted. The conviction was set aside and the accused-ap