Kurukuralalge Sarath Kumara Vs. The Hon. Attorney General – CA HCC/248/2019-2021

In The Democratic Socialist Republic of Sri Lanka v. Kurukuralalge Sarath Kumara and the Hon. Attorney General, the court addressed whether the failure to offer the accused the option of trial by jury, as mandated by Section 11 of the Judicature Act No.2 of 1978, invalidated the High Court proceedings and conviction for murder. It was held that although the jury option was not initially provided at the appropriate stage, consent was subsequently obtained from the appellant to proceed without a jury, removing any claim of absolute nullity or material prejudice. The decision reaffirmed the principle that defective compliance with procedural requirements may be cured by the accused’s consent and absence of proven prejudice. Reliance was placed on statutory provisions and relevant judicial pre