The Queen V. Liyanage And Others

1963 Present : Sansoni, J. (President), H. N. G. Fernando, J.,
and L. B. de Silva, J.

THE QUEEN v. D. J. F. D. LIYANAGE and others

TRAIL AT BAR No. 2 OF 1962

    Trial-at-Bar-Procedure-Material necessary for preparation of defence-Right of defendants to have information about it before trial-Penal Code, ss. 114, 115-- Criminal Procedure Code, ss. 6, 186 (2), 38'j-Sub-section.? (J), (fi) and (7) of Section 440A of Criminal Procedure Code as enacted by the Criminal Law Act, No. 31 of 1962.

In a criminal case tried in the Supreme Court on Information filed by the Attorney-General under section 440A of the Criminal Procedure Code as enacted by the Criminal Law Act, No. 31 of 1962-

Held, that the defendants were entitled to the following information before they tendered their general plea and prior to the commencement of the trial proper:-

(a) Lists of the prosecution witnesses and documents ;

(b) Copies of the statements which were made to the investigating officers by the prosecution witnesses or the defendants and which the Attorney-General intended to produce in evidence ;

(c) Copies of the documents on which the prosecution relied.

Held further, that although in England the procedure by way of Information is restricted to misdemeanours, under our law there has been no such res­triction since 1915.

ORDER, made in the course of a Trial at Bar held under the provisions of the Criminal Law Act, No. 31 of 1962.

Counsel heard : For the Defence :-G. G. Ponnambalam, Q. C., II. W' Jayewardene, Q. C., A. H. G. de Silva, Q. C., and R. A. Kannangara.

For the Crown :-D. St. C. B. Jansze, Q. C., and V. S. A. Puttenayegum.

Cur. adv. vult.

 ORDER

February 28, 1963. [Read by L. B. DE SILVA, J.]-

 Counsel for the defence applied for-

(a) Lists of the prosecution witnesses and documents. (6) Copies of the statements made by all such witnesses and of all such documents.

(c) Copies of statements made by all the defendants.

(d) Inspection of documents.

They argued that the defence was entitled to this information before the defendants tendered their general plea to the Information and well in advance of the commencement of the trial proper.

The Attorney-General opposed this application on the ground that the trial by Information was summary.

Under our law, Criminal Cases may be tried in the Supreme Court either on Indictment by the Attorney-General after preliminary non-summary proceedings before a Magistrate as provided in Chapter XVI or on Information filed by him under sections 385 or 440(A) of the Criminal Procedure Code. In trials on Information, there are no judicial pro­ceedings of any kind before the Information is exhibited in this Court. It necessarily follows that the defendants to an Information will have no knowledge of the evidence that will be led against them at the trial. They are in the same position in this respect as accused persons in summary Criminal trials before a Magistrate under our law. Trial on Information is extremely rare in our Courts.

Counsel for the defence have not referred us to any provisions of our law or the Law in England to which we may resort under section 6 of our Criminal Procedure Code, which would entitle the defendants to the information asked for.

Under the Indictments Act, 1915, s. 8 (3) of England the provisions of that Act applying to Indictments apply to Criminal Informations in the High Court with such modifications as may be made by rules under the Act. (See Archbold : " Criminal Pleading, Evidence and Practice " para 312, 34th edition.) Under section 186 (2) of our Criminal Procedure Code, every Indictment shall contain a list of prosecution witnesses and documents.

In view of the above provisions, we direct the Attorney-General to file a list of witnesses whom he intends to call and a list of all documents he intends to produce at the trial. The defendants are entitled to copies of such lis

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