CA Rejects MP Johnston Fernando’s Writ Application

The Court of Appeal today dismissed MP Johnston Fernando's writ application, stating that no warrant to arrest the petitioner had been issued by the Magistrate's Court at the time the case was filed.

The former minister filed the writ application with the Court of Appeal seeking an order to prevent his arrest for the attack on Galle Face Green protesters on May 09. 

The Court stated that the petitioner's claim that he was uninformed of any suspicions levelled against him for a suspected crime is illogical. 

According to the Court of Appeal, the Magistrate is the proper person to examine the petitioner's speech at Temple Trees in order to determine whether the petitioner committed an offense. 

The Court of Appeal stated that there is no reason to intervene with the Attorney General's prosecutorial discretion in this instance because the Attorney General made no blatant errors in his determinations and there is no prima facie evidence that he has exceeded his powers.

On June 9, the Court of Appeal ordered the petitioner to surrender before the Magistrate Court before 8 p.m on the same day, and the petitioner has submitted in accordance with the court order. 

However, the Petitioner's surrender to the Court on June 9, 2022, cannot be regarded as voluntary, and the Petitioner has submitted in accordance with a Court of Appeal’s interim order. 

The Court of Appeal believes that when the Petitioner comes before the learned Magistrate or is brought before the Magistrate in due time, the learned Magistrate should make new orders in accordance with the law.

According to the ruling issued by the Court of Appeal on June 9th, Johnston Fernando surrendered to Fort Magistrate Thilina Gamage at the Magistrate's official residence. He was released on two surty bails of Rs. 10 million each and imposed a travel ban.