Assallage Sujith Rupasinghe v. Hon. Attorney General – C A PHC APN/148/2016-2017

In the case between Assallage Sujith Rupasinghe (Accused Petitioner) and the Hon. Attorney General (Complainant-Respondent), the court addressed whether the High Court erred in refusing the Accused’s application to recall certain prosecution witnesses as defence witnesses after those witnesses had already completed their testimony. It was held that there exists no legal basis in the present criminal procedure framework for such recall outside the terms provided in Section 439 of the Code of Criminal Procedure Act No. 15 of 1979. The court reaffirmed the principle that criminal trials must proceed with finality absent statutory authority to revisit completed stages, and that applications for witness recall are only justified where essential to the administration of justice. This decision re