Alawaththage Gnanasena alias Banda vs The Attorney General – CA HCC/0168/2015-2022

In the case between the Democratic Socialist Republic of Sri Lanka (Attorney General) and Alawaththage Gnanasena alias Banda, the court addressed the issue of whether a conviction and the death sentence should be set aside due to the successor trial judge’s failure to formally adopt the evidence recorded by the predecessor judge, as stipulated under Section 48 of the Judicature Act. It was held that the conviction and sentence were not invalid on this ground, as the amended Section 48 does not require formal adoption or automatic retrial, and the recall of witnesses is subject to judicial discretion upon demand by the accused. The principle reaffirmed is that a retrial is not warranted unless such demand is made for rehearing evidence, and the absence of such demand precludes appellate cha