Amukotuwe Gedara Kamal Nishantha Alias Mahaththaya vs. The Hon. Attorney General – CA/HCC/0170/2019-2024

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Complainant-Respondent) and Amukotuwe Gedara Kamal Nishantha alias Mahaththaya (Accused-Appellant), the court addressed the issue of whether excessive and prejudicial judicial intervention during trial proceedings, specifically extensive questioning of defence witnesses under section 165 of the Evidence Ordinance, deprived the appellant of a fair trial. The court held that the manner of judicial intervention compromised the accused’s right to a fair trial, resulting in the conviction being set aside and an acquittal entered due to the case being deemed unfit for retrial. This decision reaffirmed the principle that judicial impartiality and proper boundaries of judicial questioning are essential for a