News
SC to be moved on basis of CA judge’s dissenting views
Diana’s citizenship issue : petitioner questions UK’s response to CID’s request for assistance
Civil society activist Oshala Herath yesterday (05) said he would move the Supreme Court soon against the dismissal of a case seeking disqualification of SJB MP Diana Gamage over a citizenship issue.The Court of Appeal dismissed the case filed by the defeated Colombo district UNP candidate, in a majority decision last week. Justice K.K.A.V. Swarnadhipathi agreed with the President of the Court of Appeal Nissanka Bandula Karunarathna to dismiss the case, whereas Justice M.A. R. Marikkar offered a different opinion.
Justice Marikkar stated that the petitioner had produced sufficient material to show that State Minister Gamage had not secured Sri Lankan citizenship and/or renounced her British citizenship. As against the documents and the material produced by the petitioner, the State Minister had failed to prove that she was a citizen of Sri Lanka, Justice Marikkar stressed.
The SJB accommodated Gamage on its National List (NL) following the last general election. She is one of the seven SJB NL members who have switched their allegiance to President Ranil Wickremesinghe.
Justice Marikkar has pointed out that it was the duty of the State Minister to prove her citizenship rather than challenging the petitioner’s position. He stressed that the petitioner had proved a prima facie case against the State Minister, and as such, he could not agree with the decision of the CA President.
Herath told The Island that he would appeal to the Supreme Court primarily on the basis of dissenting views expressed by Justice Marikkar.
Herath said that the British government had declined to assist relevant authorities in ascertaining the State Minister’s citizenship. Referring to a document submitted to court by the Criminal Investigation Department (CID) in March this year, Herath said that the law enforcement authorities through the Justice Ministry and Foreign Ministry had sought the UK’s assistance in terms of bilatral agreement in this regard but failed at least to receive a response. (SF)
The official appointment letters for the members of the newly established “Cricket Transformation Committee” (CTC) were handed over on Monday (04) by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
The following members received their letters of appointment at the Ministry premises:
Sidath Wettimuny
Thushira Radella
Prakash Schaffter
Ms. Avanthi Colombage
The Ministry also noted that veteran cricketers Roshan Mahanama and Kumar Sangakkara, who are key members of the committee, are currently overseas. Their official appointments will be formalised immediately upon their arrival in Sri Lanka.
The Cricket Transformation Committee has been mandated to oversee the administration and drive structural reforms within Sri Lanka Cricket (SLC) in accordance with the powers vested in the Minister under the Sports Act No. 25 of 1973.
Three prison guards attached to the Welikada Prison have been arrested by Borella Police following the death of an inmate on Monday (04).
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
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