Chandra Kumar and Another v. Captain Samarawickrama and Others – sllr 2002 volume 2 page 153

In the case between Chandra Kumar and another (petitioners) and Captain Samarawickrama and others (respondents), the court addressed the legality of the conviction and sentencing rendered by a Court Martial under the Navy Act. Central issues included whether the summary of evidence taken at the Court Martial constituted a judicial proceeding, the appropriate application of section 33 of the Evidence Ordinance regarding admissibility of evidence, and the correctness of requiring the Court Martial to adhere strictly to the Judge-Advocate’s legal direction. It was determined that the summary of evidence is a judicial proceeding as it significantly impacts the accused’s rights. Critical review found that legal misdirection, specifically the erroneous binding of the Court Martial to the Judge-A

REF: sllr 2002 volume 2 page 153 Category: Tag:
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