Sunil Perera vs Gamini Sumanasekera – CA L.A 401/2005-2018

In the case between Sunil Perera and, inter alia, Gamini Sumanasekera and Upali Newspapers Ltd., the court addressed whether, in a defamation action, the Defendants could, during cross-examination, show a VCD containing electronic evidence to the Plaintiff without having complied with the 45-day notice requirement under Section 7(1) of the Evidence (Special Provisions) Act No. 14 of 1995. It was held that Section 7(1) governs the formal tendering of electronic evidence, not the act of showing such material during cross-examination to seek admissions. The ruling reaffirmed that Section 3 of the Act and the Evidence Ordinance may be resorted to where the Act does not provide a specific procedure, and that admissions do not require proof under the law. The order of the District Judge, which h