089-NLR-NLR-V-46-THE-KING-v.-WALIMUNIGE-AMARIS.pdf
DIAS, COMMISSIONS!} OF ASSIZE.—The King *. Walimunige A merit. 063
1945Present: Dias, Commissioner of AsbIzo.
THE KING v. WALIMUNIGE AMARIS.
' 24—M. G. Avis8awella, 30,875.
Juror—non-British subject summoned to the jury—Liability to take the oath—Modified form of oath taken—Criminal Procedure Code, s. 227, ss. (3).
A non-British subject who is summoned to serve on the jury, maybe required to take a modified form of the oath usually administeredto jurors.
T
HIS was a case tried by the Commissioner of Assize and a jurybefore the Western Circuit.
Dodwell Goonewafdene (with him Izadeen Ismail) for the accused.
P. S. Abayawardene, C.C., for the Crown.
May 30, 1945—Dias, Commissioner of Assize.
This is an entirely new point. The foreman of the jury is a subject ofHer Majesty, the Queen of Holland, residing in Ceylon. He is, therefore,enjoying the protection of our Sovereign Lord the King, and as suchhe is qualified for jury service under section 227 of the Criminal ProcedureCode. Under section 227, sub-section (3) “ after the foreman has beenappointed the jurors shall be sworn”. But the Criminal Procedure Codedoes not prescribe the formula of the jurors' oath. Turning to theOaths Ordinance, Chapter 14, section 4, sub-section (1) (c) provides that“ subject to the next following section the oath shall be taken by thefollowing classes of persons” and one of those classes of persons arejurors. Section 5 allows a juror instead of being sworn to make’ anaffirmation, if he is not a Christian, and is a Buddhist, a Hindu, a Muslimor belongs to some other religion according to which oaths are not takenor owing to some conscientious objection.But the Oaths Ordinance
does not provide the formula for the jurors’ oath.
964 DIAS, COMMISSIONEB OF-ASSIZE.—The King e. WaUtmmige Amaru.
The present formula which has come down from the earliest timesapparently is an adaptation from the English Courts. But bo far as 1 cansee, and as at present' advised, it is of no binding force, and I think it; is,therefore, open to me in the peculiar circumstances of the case to adaptthe oath to meet the circumstances of this case. I, therefore, direct thatin the case of this particular juror the oath Bhall read:-—“ I swear thatI shall well arid truly try and true deliverance make between the SovereignLord the King and tha prisoner at the bar.