Petitioner v. Hon. Attorney General – CA PHC APN 66/2014-2016

In the case between M.S. Thusitha Perera (Petitioner/1st Accused) and the Hon. Attorney General, Sri Lanka (Complainant/Respondent), the court addressed whether the Petitioner, convicted of culpable homicide not amounting to murder, was denied a fair trial due to not being informed of the right to choose the mode of trial and whether lack of awareness of appeal rights and financial hardship constituted exceptional circumstances for revisionary intervention. It was held that the Petitioner’s right to elect between a jury and non-jury trial had been recognized in the record, and that ignorance of appeal rights or financial difficulty did not amount to exceptional circumstances. The principle reaffirmed is that revisionary jurisdiction of the Court of Appeal arises only on demonstration of ex