CA dismisses Thilana Gamage application to transfer trial before another HC Judge

• Keeping elephant without valid license

 By S.S. Selvanayagam

Court of Appeal yesterday dismissed the Writ application filed by former Magistrate Thilana Gamage seeking to transfer his case from the High Court trial conducted by Judge Gihan Kulatunga to another High Court.

The Bench comprised Justices Mahinda Samayawardana and Priyantha Fernando.

Former Magistrate Thilana Gamage and three others M.B.C.B. Yatawara, H. Priyanka Sanjeewani and P.F. Upali Padmasiri had been indicted by the Attorney General for keeping an elephant in contravention to Public Property and Fauna and Flora Act without a valid license. The elephant was worth at least Rs. 6.9 million.

The trial continued at the High Court before Judge Gihan Kulatunga. However, the Defence filed an application in the Court of Appeal under the Judicature Act (transfer of case). Nalin Laduwahetti PC, Hafeel Farisz appeared for the Petitioner in the Court of Appeal. Deputy Solicitor General Thusith Mudalige appeared for the Attorney General.