Land
fraud case: Aggrieved party appeals for change of judge
Counsel for the aggrieved party Desmond Fernando sought to make
an appeal to a higher court for a change of High Court judge in
the case of the Obeysekera land fraud case claiming the judge was
under pressure and a fair trial was not imminent.
Mr.
Fernando alleged the court had treated Senior State Counsel S Thurairajah
with scant respect. He said that before he made the written application
he had referred the matter to the Attorney General.
Counsel
said that the expert witness Professor of forensic science Chandra
Sekeran from India was threatened with death which resulted in the
state providing him security. Senior State Counsel’s vehicle
was damaged while it was at the car park. He also said a request
by court to the Attorney General. to replace the Senior .State.Counsel.
was refused.
He
informed court that he was appearing on behalf of the client as
an attorney and not as the Bar Association President. Defence counsel
M.L.M. Ameen said it was the accused who were threatened prior to
the trial.He said the aggrieved party had not accepted the report
of the Government Examiner of Questioned Documents and had summoned
a private witness from India to give evidence to in connection with
the alleged forged documents.
Mr. Ameen said investigations carried out on the alleged threats
received by the witness had no results.
Defence
counsel Anuja Premaratna also raised objections to the application
and claimed that Mr. Desmond Fernando being the President of the
BASL was trying to influence court proceedings. Senior State Counsel
S. Thurairajah agreed with the application of the aggrieved party
and said it was a fair request and the Attorney General has no intention
of not proceeding with the case.
In
response to the application High Court Judge Rohini Perera denied
she was under pressure from any party and that the application should
be made to a superior court which had the power to direct her to
transfer the case to another court .She said that she would not
comment on the allegation that the prosecution counsel was not given
due courtesy. The case was put off for August 23. |