Piyasena v. The Queen
[Coukt or Criminal Appeal]
1971 Present :H. N. G. Fernando, C.J. (President), Saracrawickrame, J.,and de Kretser, J.K. B. PIYASENA, Appellant, and THE QUEEN,Respondent
G. C. A. No. 39 of 1971, with Application No. 53S.C. 474)70—M.C. Gampaha, 37241/A
Trial before Supreme Court—Accused person's election to be tried by an English-speakingJury—Trial conducted mainly in Sinhctla—Irregularity.
It is improper for a tria! beforo the Supreme Court to bo conducted mainlyin Sinhaln when the accused has elected to bo tric'd by an English-speakingJury.
.ApPEAL against a conviction at a trial before the Supreme Court., M. Nassim (assigned), for the accused-appellant.
P. Colin Thome, Senior Crown Counsel, for the Crown.
IT. N. C. FERNANDO, C.J.—Piyascna v. The Queen
August 3, 1971. H. 1NT. G. Fernando, C.J.—
Tin's was another case in which a trial was conducted mainly in Sinhala,although the accused had elected to be tried by an English-speaking Jury.Following the judgment in the Privy Council in IJemapala v. The Queenwe were compelled to set aside the verdict and sentence and order afresh trial.
Sent back for fresh trial.
K. B. PIYASENA, Appellant, and THE QUEEN, Respondent