Gunapala and Others v. The Republic of Sri Lanka – sllr 1994 volume 3 page 180

In the case between Gunapala and Others and The Republic of Sri Lanka, the court addressed the issue of the appropriate judicial treatment of unsworn dock statements provided by accused persons and the burden of proof concerning pleas of alibi. It was held that material misdirections by the trial judge—specifically the failure to instruct the jury on the proper treatment of unsworn evidence and incorrect guidance on the alibi—resulted in grave prejudice rendering the convictions unsafe. The principle reaffirmed was that when such legal misdirection occurs, the resulting verdict cannot stand, and a retrial is warranted if sufficient evidence exists to support a conviction upon proper direction. The decision relied on relevant case law, including The Queen v. Kularatne, Somasiri v. A.G., and