QUEEN v. DE  SILVA.

 D. C. Galle (Criminal), 12,156.

Intentionally giving false evidence-Trial of offence by the Judge before whom stick evidence was given-Propriety of such trial.

Where a witness has intentionally given false evidence in a case before a District Judge, it is not improper on his part to try him for such offence upon a committal duly made.

But it would have been more satisfactory if at such trial he had the assistance of assessors.

THE accused in this case was found guilty on the 10th October, 1895, by Mr. H. L. Moysey, District Judge of Galle, of intentionally giving false evidence in another criminal case (No. 12,130) heard and determined by him on the 5th June, 1895. The accused was sentenced to two years' rigorous imprisonment.

On appeal, Dornhorst appeared for him.

1st November, 1895. Withers, J.

I do not see my way to disturb the judgment or interfere with the sentence.

The chief point made by Mr. Dornhorst was, that this case was tried and determined by the same Judge before whom the accused was alleged to have given false testimony in 'certain criminal proceedings taken a few months ago before him.

However honourable and just a Judge may be (and, as admitted by counsel, no Judge could be more honourable and just than the present one), it was urged that he must come with a certain bias in his mind to the determination of the question which he had intentionally decided against the accused on a former occasion. This, however, it seems to me, is a risk that must be run sometimes in the course of a judicial inquiry.

For instance, as Mr. Dornhorst mentioned, the same jury who heard them made are very often called upon to try the question whether a man is guilty of making contradictory statements, and so forth.

I need only say that I wish it had occurred to the Judge in this instance to call in the assistance of assessors. Assistance of this kind is very valuable to a Judge in case of falsehood or fraud.

But after such a careful and patient trial as this accused has had in the present instance, I do not think it necessary to send the case for re-trial before the same Judge with assessors.