News
CA dismisses petition by MP to change judge
View(s):By Ranjith Padmasiri
The Court of Appeal (CA) has dismissed a petition filed by former MP J Sri Ranga requesting that the case filed against him and five other accused at the Vavuniya High Court over a fatal road accident be transferred from the presiding judge to another.
A two judge bench of the CA dismissed the petition “subject to payment of tax cost” by the Accused-Petitioner, meaning that the cost estimated to have been incurred to hear the petition must be levied from Mr Sri Ranga.
In his ruling with CA President Nissanka Bandula Karunarathna agreeing, Justice M A R Marikar determined that the Accused-Petitioner had not been able to show sufficient material that the presiding High Court Judge M M M Mihal is biased, to transfer the case to another court.
The case had initially come before Vavuniya High Court Judge M Ilancheliyan. The indictment had not been served on the Accused-Petitioner as the State Counsel had raised an objection to hear the case before Judge Ilancheliyan, as he had once been interviewed by the Accused-Petitioner on a TV programme.
Accordingly, Judge Ilancheliyan had referred the matter to the Chief Justice, who had then appointed High Court Judge M M M Mihal to hear the case.
The court has noted that during the course of the trial, a prosecution witness had complained to the High Court Judge in open court that he had been pressured to give evidence in favour of the Accused-Petitioner. Accordingly, High Court Judge Mihal had ordered the Police to investigate the matter under the Witness Protection Act. After the Police investigation confirmed the matter, the Judge had ordered the Accused-Petitioner to be remanded.
The Accused-Petitioner had subsequently filed a petition in the CA requesting that the case be transferred to another Judge citing bias. The CA, though, ruled that it does not see any merit in the application made by the Accused-Petitioner that the High Court Judge M M M Mihal is not impartial and/or biased pertinent to the case.
Thishya Weragoda with Sanjaya Marambe and P H Welikumbura instructed by Niluka Dissanayake appeared for the Accused-Petitioner. Deputy Solicitor General Janaka Bandara appeared for the Attorney General.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!