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Swarnavahini rape allegations: Former judge’s delayed appeal to be heard on June 29
View(s):An appeal by former District Judge Lenin Ratnayake in the the Western Province Civil Appellate High Court against the dismissal of his damages claim against EAP Network (Private) Ltd., and a journalist 14 months later has been fixed for inquiry on June 29.
The former Judge has filed an “Appeal Notwithstanding Lapse of Time” under Section 765 and 766 of the Civil Procedure Code regarding the judgment delivered by the District Court of Colombo.
The Defendant’s lawyers point out that there was no valid reasons given for the inordinate delay and in any event, the explanations given were not on the substantial matters held by the District Judge.
Retired Judge Ratnayake had earlier filed a case in the District Court of Colombo seeking Rs. 600 million in damages from EAP Network (Private) Limited and Journalist Chandana Suriya Bandara. It was dismissed.
The case was filed over two episodes of the programme titled “Helidarawwa” telecast on the Swarnavahini television channel owned by EAP Network (Private) Ltd., on January 11 and 18, 1999. The former Judge had alleged that the programme, produced and hosted by Chandana Suriya Bandara, had telecast false and malicious allegations that while serving as the Mahawa Magistrate, he had on multiple occasions, raped the wife of an accused whose case was being heard before him. The programme had further alleged that he had on multiple occasions, raped a second woman who was an accused in a case being heard before him. It had also stated that prior to entering judicial service, Ratnayake had been dismissed from his post at the National Insurance Corporation over allegations of fraud.
On March 13, 2020, then District Judge Amali Ranaweera dismissed the case with costs after a lengthy trial. In her judgment, the District Judge had noted that the Court could not accept the former judge’s argument that the defendants had telecast the programme with malicious intent to defame his reputation. The court said Mr. Ratnayake had failed to show that certain words and statements were used in the programme in a careless manner to bring him into disrepute.
In his “Notwithstanding Lapse of Time” appeal, former Judge Ratnayake claims he could not file an appeal against the judgment within the time prescribed by law due to the COVID-19 pandemic. He has noted that on March 20, 2020, seven days after the judgment was delivered by the District Court, a strict lockdown was imposed in Colombo due to the COVID-19 pandemic and it was only lifted on May 11, 2020. As such, he claims he was prevented by causes not within his control from submitting the Notice of Appeal within 14 days and the Petition of Appeal within 60 days of the judgment.
In their Statement of Objections, the defendants’ lawyers have argued that the application under Section 766 of the Civil Procedure Code had only been filed on July 15, 2021, more than 14 months after the appealable period without any explanation for the delay.
The defendants further state that the various matters raised by Mr.Ratnayake are technical in nature, are not on the substantial matters in the case and that there is no truth to any of the allegations made by him.
The former Judge, however, states he filed an amended petition dated July 15, 2021 as the first petition of Appeal “Notwithstanding Lapse of Time” that he filed on July 21, 2020, had mistakenly stated that his Petition of Appeal dated May 13, 2020 had been filed within the prescribed time period of 60 days from the judgment.
Mr. Gamini Marapana PC with Mr. Navin Marapana PC appeared for the former judge.
Mr. S.A. Parathalingam PC with Mr. N.R. Sivendran instructed by Samararatna Associates appeared for the Defendants.
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