139.
| (1) The trial of any person on indictment may commence or continue in his absence if the court is satisfied-
The commencement or continuance of a trial under this section, shall not be deemed or construed to affect or prejudice the right of such person to be defended by an attorney-at-law at such trial. | | (a) that the indictment has been served on such person and that-
| | | (i) he is wilfully refusing or neglecting to attend court; or |
| (ii) he is unable to attend or remain in court-by reason of illness and has consented to the commencement or continuance of the trial in his absence; or |
| (iii) he is unable to attend or remain in court by reason of illness and no prejudice will be caused to him by the commencement or continuance of the trial in his absence; or |
| (iv) by reason of his conduct in court, he is obstructing or impeding the progress of the trial; or |
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| | (b) that such person is evading arrest or absconding and it has not been possible to serve the indictment on him. | | |
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| (2) Where in the course of or after the conclusion of the trial of an accused person under sub-paragraph (i) of paragraph (a) or under paragraph (b) of subsection (1), he appears before court and satisfies the court that his absence from the whole or part of the trial was bona fide then-
| | (a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before court shall be read to him and an opportunity afforded to him to cross-examine the witnesses who gave such evidence; and | | |
| | (b) where the trial has been concluded, the court shall set aside the conviction and sentence, if any, and order that the accused be tried de novo. | | |
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| (3) The provisions of subsection (2) shall not apply accused person had been defended by an attorney-at-law at the trial during his absence. |
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Sri Lanka Consolidated Acts