News
Jerome Fernando withdraws cases; AG objects
View(s):By Ranjith Padmasiri
Self-styled “Prophet” Jerome Fernando has withdrawn four cases filed against authorities amid vehement objections from the Attorney General.
Pastor Fernando had eight court cases pending. He had two matters before the Magistrate’s Courts, one in the Mount Lavinia Magistrate’s Court for suspected money laundering, another in the Fort Magistrate’s Court for offences committed under the International Covenant on Civil and Political Rights (ICCPR) Act. He initially sought bail in the Fort Magistrate’s Court case, but filed another parallel bail application in the High Court of Colombo, also on the same grounds. Meanwhile, the Pastor had filed three Writ Petitions in the Court of Appeal. Two more cases were pending in the Supreme Court; one by him and one against him. 
The AG’s Department has objected to the petitioner’s attempts to withdraw the cases filed by him, and alleged during proceedings in the Court of Appeal that all three cases in that court were basically on the same facts and circumstances and asking for the same relief.
During the hearing into the third Writ Petition filed on the issue, Senior State Counsel Shamindra Wickrema who appeared for the Attorney General and President’s Counsel Sanjeewa Jayawadena who appeared for several Buddhist monks, made submissions against allowing the case to be withdrawn.
They alleged that Pastor Jerome had indulged in Bench Hunting tactics. Bench Hunting refers to petitioners attempting to get their cases heard by a particular judge or bench to ensure a favourable ruling. Counsel argued that the Pastor should not be allowed to file and withdraw cases according to his “whim and fancy.”
Having considered the submissions, the Court of Appeal allowed the withdrawal of the case.
Ronald Perera, PC appeared for Pastor Fernando.
In the second Writ Application, the bench comprising Court of Appeal President Nissanka Bandula Karunaratne and Sanjiv Morias delivered an order allowing the Pastor to return to the country and preventing his arrest for 48 hours. The Attorney General canvassed this order in the Supreme Court and Supreme Court Justices S Thurairaja and Achala Wengappuli delivered an order allowing Special Leave to Appeal for the State.
The Supreme Court also directed the Registrar of the Supreme Court to keep all documents relating to Pastor Fernando’s second case in the Court of Appeal safe and to not allow them to be accessed by anyone. Further hearing has been fixed for October.
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