W.D. Ajith Kumara Dissanayake v. Attorney General – CA 227/13-2017

In Attorney General v. W.D. Ajith Kumara Dissanayake, the court addressed whether the High Court Judge complied with section 195(ee) of the Code of Criminal Procedure Act, which mandates that the accused in certain grave offences must be informed of the right to elect trial by jury. It was held that noncompliance with this procedural safeguard constitutes a fatal irregularity that invalidates the conviction. This principle was reaffirmed with reference to prior Sri Lankan case law, underscoring the necessity of compliance to guarantee a fair trial. The decision emphasized that where the record is silent on the accused being informed of the right to a jury trial or of an election being made, the conviction cannot stand, resulting in a direction for a fresh trial with priority.

L.T.B. Dehid