Liyanawaduge Tharaka Sandaruwan and others Vs. Hon Attorney General – CA PHC APN/163/2017-2017

In the case between Liyanawaduge Tharaka Sandaruwan and Saundra Hannedige Shiromi (Petitioners/Accused) and the Hon. Attorney General (Complainant-Respondent), the court addressed the issue of whether the revisionary jurisdiction of the Court of Appeal should be exercised under Article 138 of the Constitution and the Code of Criminal Procedure Act No. 15 of 1979 to set aside the High Court’s refusal to permit the recall of two prosecution witnesses for further cross-examination. It was held that the order of the High Court dated 2017-07-26, which denied the recall, contained no error warranting appellate interference. The principle reaffirmed is that the recall of witnesses in a criminal trial is subject to strict judicial discretion, and erroneous interpretation or procedural missteps in