Koralagamage v. Commander of the Army – sllr 2003 volume 3 page 169

The case between Koralagamage and the Commander of the Army addressed whether the petitioner was deprived of the right to cross-examine witnesses due to an inadequate summary of evidence recorded under Regulation 48 of the Army Discipline Regulations, as well as the effect of non-compliance with procedural rules on the jurisdiction and validity of a General Court Martial. It was held that the failure to allow cross-examination under Regulation 48(2)(b) constituted a violation of natural justice, rendering the proceedings a nullity and compromising the jurisdiction of the Court Martial. The principle that adherence to prescribed procedure is essential for the validity of disciplinary proceedings in the military context was reaffirmed. Reliance was placed on relevant statutes and case law, e