Untitled Document

Front Page

Editor's statement filed in Supreme Court
* Regret erroneous excerpt
* Bona fide mistake
* Publication not defamatory of President
"Upon a complaint made by President Chandrika Kumaratunga, the Attorney General indicted the Editor of The Sunday Times on two counts, of criminal defamation, an offence under section 479 punishable under section 480 of the Penal Code, in that he had published or he had caused the publication of a gossip column under the heading "Anura: Sootin says courting days are here" containing an excerpt about President Chandrika Kumaratunga and secondly, an offence punishable under section 14 read with section 15 of the Press Council Law, that he, as Editor, was liable for the publication of the said excerpt in The Sunday Times.

The said excerpt which appeared in The Sunday Times of 19 February, 1995 is as follows:

"Therefore, let's start at the top, about a party, graced by none other than H.E the President Chandrika Bandaranaike Kumaratunga. The occasion was the birthday of Liberal Party National List MP Asitha Perera (Well Mudliyar Chanaka; How?). The place was the MP's permanent suite at the five-star Lanka Oberoi. But this time the President was more circumspect about her appearance and used the rear entrance of the hotel, watched by a phalanx of security guards and myself. She spent about 90 minutes at the party, from about 12.30 in the heat of the silent night until 2 a.m. and as for what she ate, we assure you, it was not food from the Hilton. The reading public now has a fair idea of its First Citizen's epicurean tastes. But what of her estranged brother?" (full text)

President Kumaratunga complained that the article was factually incorrect and defamatory of her. Police filed action against the Editor of The Sunday Times in the Colombo Magistrate's Court, following which the Attorney General indicted the said Editor in the Colombo High Court.

The Editor pleaded "not guilty". At the conclusion of the lengthy trial, the High Court held the Editor guilty on both counts and sentenced him to a total of one and a half years imprisonment, suspended for seven years, together with a total fine of Rs.10,000.

The Editor appealed to the Court of Appeal, which upheld the High Court order. The Editor, thereafter, appealed to the Supreme Court.

Subsequent to the publication of the aforesaid item in the Gossip Column, the Editor has admitted during the trial that the said item referring to the President was factually incorrect. There has been no evidence to show that the President attended this birthday party.

The Editor has maintained that he was not the writer of the item referred to aforesaid; and that the erroneous publication was a bona fide mistake. In any event it was strenuously argued that the words contained in the said publication were not defamatory per se or by innuendo for the reasons presented by the Editor's Counsel before the High Court and the Court of Appeal which were principally that the event in question was alleged to be a party held late at night "on the occasion of the birthday" of a Member of Parliament "graced" by the President, there being, therefore, no suggestion whatsoever of impropriety or misconduct on the part of the President in attending the said birthday party.

The Editor states that there was no malicious intent whatsoever on the part of the writer, the newspaper nor himself in wanting to defame the President.

The Sunday Times and its Editor regret the publication of the said erroneous excerpt."

Editor discharged: Lower Court convictions set aside
By Laila Nasry
The Editor of The Sunday Times was discharged by the Supreme Court last Monday when it set aside the conviction of the Colombo High Court, and terminated the proceedings of the criminal defamation suit filed by President Chandrika Kumaratunga against the Editor.

The case concluded when the bench comprising Chief Justice Sarath N. Silva, and Justices Shirani Bandaranayake and J.A.N. de Silva having heard the submissions of the counsel for the Editor, the President and the Attorney General, set aside the conviction imposed by the High Court on July 1, 1997 upheld by the Court of Appeal on December 5, 2000. The Supreme Court held that there was no evidence to prove that the Editor had written the said impugned article.

Chief Justice Sarath N Silva delivering the order also considered the fact that the Editor had agreed to publish a statement setting out his position towards this matter accepted both by the Attorney General and the President's lowyer.

The Chief Justice said the principal section under which the Editor was convicted had now been repealed showing legislative intent that matters of this nature no longer required penal sanctions and also that the President had submitted that she was no longer interested in pursuing this matter.

The order was the culmination of a criminal defamation indictment launched in early 1995, soon after the PA took office and together with other similar prosecutions against newspaper editors and publishers triggered a local and international campaign for the repeal of criminal defamation laws in Sri Lanka. On Monday, Senior Counsel for the Editor, S.L. Gunasekera, submitted that the Editor had written to the Attorney General asking for his acquittal under Section 127 of the Constitution outlining cogent legal reasons for the Supreme Court to act on that Section.

This was in lieu of an earlier suggestion in Sptember 2001by the Chief Justice who had indicated his willingness to discharge the Editor under Section 306 of the Criminal Procedure Code.

Mr. Gunasekera submitted the difficulties the Editor had in accepting a settlement under Section 306 of the Criminal Procedure Code because the wording of that Section contained the finding of guilt and where the case had been proved.

Mr. Gunasekera said that the Editor strenuously maintained right through the High Court trial and in the Court of Appeal that he was not the author of the Gossip Column on which he was indicted, and in any event, that the words contained therein were not defamatory of the President.

It was in these circumstances that the Editor had suggested an alternative to the Attorney General that the Court act under Section 127 of the Constitution which corresponds to S. 27 of the respected Courts Ordinance empowering the Supreme Court to act under such circumstances.

Deputy Solicitor General Palitha Fernando submitted to court that the Attorney General had no objections to the case being settled under Article 127 of the Constitution if the counsel for the Editor could satisfy the Supreme Court that by acting under the said Article the Court could quash the conviction.

Senior Counsel for the President, R.I. Obeysekera, reading from a prepared script told court that "his client is no longer interested in pursuing with the matter".

The Editor was indicted before the Colombo High Court on two counts. The first count relates to the publication in The Sunday Times of February 19, 1995 a gossip column containing words that were intended to defame the President.

Secondly that in the alternative, the column was published by "some person" in The Sunday Times and that person had committed an offence punishable under section 479 of the Penal Code read with Section 15 of the Press Council Law. Thereby, as Editor of the newspaper responsible for publishing the said imputation, he had committed an offence punishable under Section 14 read with Section 15 of the Press Councils Law.

The High Court of Colombo convicted the Editor of criminal defamation on both counts. He imposed a fine of Rs. 7,500 and in default of the fine a sentence of four months simple imprisonment. In addition the Editor was sentenced to twelve months simple imprisonment, suspended for seven years.

In the second count, the judge imposed a fine of Rs. 2,500 and in the event of default a sentence of three months simple imprisonment. In addition the Editor was sentenced to six months' simple imprisonment suspended for seven years. The said suspended sentences were ordered to run concurrently.

S.L. Gunasekera with Ronald Perera and Upul Jayasuriya instructed by Samararatna Associates appeared for the Editor. R.I. Obeysekera PC with Wijaya Wickremaratne PC, Ashley Herat and A.W. Yusuf appeared for the President. Deputy Solicitor General Palitha Fernando appeared for the Attorney General.

Back to Front Page