The People v. A.R. – CA 160/2015-2019

In Attorney General of the Democratic Socialist Republic of Sri Lanka v. Mohamed Ali Sameed Smail, the court addressed whether procedural failures by the trial judge—specifically not reading and explaining the charge to the accused under Section 196 of the Code of Criminal Procedure Act and not calling for the defence under Section 200(1)—infringed upon the accused’s right to a fair trial. It was determined that these statutory requirements are mandatory and non-compliance invalidates the proceedings. The conviction and sentence were accordingly set aside, and a retrial at the High Court of Kandy was ordered. The decision underscores the principle that strict compliance with fair trial procedures is essential and emphasizes the protection of accused persons’ rights, irrespective of legal r