X-Press Pearl case filed in wrong court? – Decision to transfer case to SICC raises doubts

Saturday, 20 May 2023 00:21 - - {{hitsCtrl.values.hits}}

Environmental organisations and activists say fair to assume a case was filed in wrong court as Govt. has failed to give info on case
CEJ Chairman Dr. Ravindranath Dabare says Govt. has a responsibility to reveal info to public
Claims in practice often cases are transferred when they have been filed in wrong court

Concerns have been expressed by local environmental organisations and activists regarding the possibility that Sri Lankan authorities may have initiated legal proceedings against the owners and operators of MV X-Press Pearl in the wrong jurisdiction following reports that the case could potentially be transferred to the Singapore International Commercial Court in the upcoming days.

Speaking to the Daily FT, Centre for Environmental Justice Chairman Dr. Ravindranath Dabare expressed his concern over the lack of information provided by the Sri Lankan Government regarding the case. According to him, interested parties have been left to assume that Sri Lanka may have made an error in handling the situation.

Earlier this week, there were reports indicating that the Attorney General was considering the option of transferring the case from the General Division of the High Court of Singapore, where it was initially filed, to the Singapore International Commercial Court.

According to Dr. Dabare, cases are more often than not transferred in such a manner when the case has been filed before the wrong court.

He said since the Government has chosen to file the case in Singapore, then it has the responsibility of informing the public of the proceedings. “Since they are failing to do this, anyone can assume the case has been filed in the wrong court. We suspect it has been filed incorrectly,” he said.

Dr. Dabare said the Government must inform the public as public monies are being spent on pursuing litigation in Singapore. “But the Government has not provided us with any details or even the case number,” he alleged.

Despite repeated attempts, Daily FT was unable to elicit a response on the matter from Justice Minister Wijeyadasa Rajapakshe.