1935 Present: Drieberg J.

THE KING v. LUDOWYKE.

IN THE MATTER OF AN APPLICATION UNDER SECTIONS 47 AND
48 OF THE COURTS ORDINANCE, NO. 1, OF 1889.

P. C. Galle, A 4,032.

    Transfer of a sessions trial-Application for retransfer-Special jury-Accused charged with misappropriation of funds of a club-Interest of members -Fair and impartial trial not possible-Criminal Procedure Code, ss. 135, 262, 265, 274-Courts Ordinance, s. 47.

The accused was charged with criminal misappropriation of funds entrusted to him as Assistant Sweeps Secretary of the Galle Gymkhana Club and was committed for trial at the Supreme Court Criminal Sessions at Galle. The Attorney-General acting under section 47 of the Courts Ordinance by his fiat transferred the case to the Sessions of the Western Circuit to be held at Colombo.

The case was ordered to be tried by a special jury and the jury list at Galle consisted of one hundred and nine members of whom forty were members of the Galle Gymkhana Club.

Held, (on an application by the accused for a retransfer of the case to Galle) that, in the circumstances a fair and impartial trial cannot be held at Galle.

The rule th