Perera vs Perera – clr volume 3 page 091_1

In the case between the complainant (who initiated the charge on information regarding the removal of a tethered bull) and the accused (alleged to have dishonestly removed the animal), the court addressed whether compensation and crown costs could be validly imposed on the complainant when the charge was brought on information and the magistrate did not test the complainant’s bona fides. It was determined that such impositions were irregular in the absence of a finding that the complaint was false or vexatious. The principle reaffirmed was that penalties on complainants in criminal proceedings initiated by information require tested bona fides before any punishment is imposed. Reliance was placed on established procedural fairness and the need for judicial scrutiny before attributing malic