SENADEERA

VS.

COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION

COURT OF APPEAL
WENGAPPULI, J.
FERNANDO, J.
CA/APPEAL/466/2017
HC COLOMBO HCB 1822/2009
OCTOBER 6, 2020

Appeal against convictions and sentences imposed by the High Court Failure to name a necessary party as a respondent in the petition of appeal-Application to amend the petition of appeal-Code of Criminal Procedure Act, No. 15 of 1979, sections 332, 355-Material prejudice caused to the respondent

The appellant appealed to the Court of Appeal against his conviction and sentence for offences committed under the Bribery Act. The indictment on which he was tried by the High Court had been signed by the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). The appellant had named CIABOC as the only respondent in the petition of appeal. A preliminary objection was taken by the respondent that the petition of appeal was fatally defective as the Director General had not been made a respondent. The appellant moved to amend the caption under section 355(2) of the Code of Criminal Procedure Act, No. 15 of 1979, as amended, to add the Director