Warnakulasooriya Nimal Ajith Fernando et al. Vs The Attorney General – CA HCC 0028-036/2019-2021

In Attorney General v. Warnakulasooriya Nimal Ajith Fernando and others, the court addressed the issue of whether the convictions and sentences for murder and related charges by the High Court of Chilaw were legally sustainable given multiple alleged procedural and evidentiary misdirections. It was held that the High Court judge failed to properly analyze the prosecution evidence, shifted the burden of proof for the alibi to the accused, improperly admitted and used evidence under section 27 of the Evidence Ordinance, and relied on bad character evidence, all resulting in a denial of a fair trial. The principle reaffirmed is that material misdirections amounting to a miscarriage of justice cannot be cured and necessitate acquittal. The decision relied on authorities relating to burdens of