Wijesena Silva and Others v. Attorney General – sllr 1998 volume 3 page 309

In the case between Wijesena Silva and Others and the Attorney General, the central issue involved the statutory obligation under section 195(e)(e) of the Criminal Procedure Code to inquire whether accused persons elect a trial by jury. The proceedings followed a retrial where the initial jury verdict had been set aside, and the question arose as to whether the retrial, conducted by a judge alone, conformed to statutory requirements ensuring the accused’s right to trial by peers. The holding established that failure to conduct the mandatory inquiry vitiated the trial, mandating a fresh trial. The principle reaffirmed is that the right to elect a jury trial is an individual right of the accused, which must be explicitly safeguarded by the trial court, pursuant to the Criminal Procedure Code