Keshini Goonetilleke vs Hon. Attorney-General – CA WRIT 03/2021-2025

In the matter between Keshini Goonetilleke and Hon. Attorney-General, the court addressed the legitimacy of a criminal indictment for cheating under Section 398 of the Penal Code. The core issue was whether prosecutorial discretion was lawfully exercised in light of a nearly decade-long delay, lack of fresh evidence, and alleged procedural irregularities culminating in the Petitioners’ indictment. It was held that the prosecution was arbitrary and ultra vires, as the Petitioners were shown to have followed internal protocols and lacked the requisite mens rea for the offence. The decision reaffirmed the principle that prosecutorial decisions are subject to judicial review where there is evidence of mala fides or breach of procedural fairness. Reliance was placed on established authorities c