Obeysekera
land fraud case to be heard in another court?
The Court of Appeal ordered notices to be issued and the trial stayed
in the High Court of the Fredrick Obeysekera land fraud case until
final determination to move the case to another court, after hearing
submissions made to it.
In this case former Military Spokesman Sumedha Perera and Sarath
Wijewardana were indicted with claiming the land and property of
Mr. Obeysekera by producing fraudulent documents.During the trial
there was a frequent exchange of words between the High Court Judge
and Senior State Counsel. The judge requested the Attorney General
to remove the Senior State Counsel from the prosecution and replace
him which was refused by the Attorney General.
Desmond
Fernando P.C., counsel for the complainant said that whilst the
trial was proceeding the High Court Judge had attended the funeral
of the first accused Bandula Wijesingha. Mr Fernando stated that
at the discussion between President’s Counsel and the High
Court Judge on June 24, the High Court Judge inquired if Mr Fernando
could arrange a meeting between her and President Chandrika Kumaratunga
so that the High Court Judge could state her case for her promotion
to the Court of Appeal.
Mr
Fernando had according to his affidavit responded to her request
by stating that in the circumstances it would be inappropriate as
Mr. Obeysekera was an aggrieved party in a case presently pending
before her.Mr Fernando stated that as he was not sure of being awarded
a fair trial he was requesting the Court of Appeal to transfer the
trial to another court which position was supported by the Senior
State Counsel on behalf of the Attorney General.
Dr Ranjit Fernando with Ms. Deshani Jayathilake and Amila Udayangani
appeared for the petitioner |