Anura’s will: Court to decide who will lead evidence first

By T. Farook Thajudeen and Lakmal Sooriyagoda

Colombo Civil Appellate Court Tuesday reserved for 19 April to determine whether the petitioners or the intervening respondents should lead evidence first in the Anura Bandaranaike testamentary case regarding the purported last will of Anura Bandarnaike for his property estimated to be worth over Rs. 1.1 billion.  

Counsel A.L.M Hidayathulla appearing for the petitioner respondents before Judges H.C.J Madawala and L.T.B Dehideniya submitted that the testamentary case was originally filed by the petitioners Sunethra Bandaranika and Chandrika Kumaranatunge Bandaranike claiming title for the intestate property of the late Anura Bandaranike.

However, subsequent to the publishing of a newspaper advertisement his client and three others claimed the property based on a last will created by the deceased Anura Bandaranaike. He contended that the burden of proof was on the plaintiffs and they should give evidence first to prove that the last will was destroyed during the life time of the creator of the will.

President’s Counsel Romesh de Silva and Avindra Rodrigo appearing for Sunethra Bandaranike and Chandrika Kumaranatunge Bandaranaike submitted that the matter was originally fixed to be heard as an intestate property. However, it is the intervening respondents that had claimed the property based on a purported will.

He said that according to the proceedings and the submissions made in the District Court there is no assertion of a last will other than a purported last will. Further, the respondents had accepted the fact that if the last will is not proven the property should be dealt as an intestate property. Therefore the burden of proof to prove the credibility of the last will is on the respondents. During an earlier trial before the District Court it was submitted by Sunethra Bandaranike that the purported last will No 1286 attested on May 5, 1997 by Notary Public K. Neelakanthan was destroyed by the deceased during his life time.

However, in view of the last will no proceedings had been commenced and she said that she waited for a reasonable time for an executor to commence testamentary proceedings for any person. In the absence of a last will, Ms. Bandaranaike has decided to commence proceedings on the basis of intestacy. She said that she and her sister Chandrika Bandaranaike being the intestate heirs to Mr. Bandaranaike’s property were entitled to receive half share each in the estate of the deceased.

However four close aides of late Anura Bandaranaike intervened into the case filed objected to Ms. Bandaranaike’s application claiming right over late Anura Banaranaike property through a last will. And claimed the property valued at more than Rs. 1.1 billion were awarded to them and to the Anura Bandaranaike Foundation.                                               

The four intervening respondents S. D. Reni Dirwin Saparamadu of Beverly Hills, California, a political supporter and a close friend of Mr. Bandaranaike for nearly 22 years, W. K. Don Senarath Chandrasinghe of Kirillawela a close aide, S. A. Wasantha Samarasekara of Nawagamuwa Pelawatta, Nittambuwa, the driver and the security officer of late Bandaranaike and K. G. Ravindra Lal Perera, a member of the personal staff claimed title for the property on the last will.

The respondents also had stated Mr. Bandaranaike had given a part of his property as gifts to them and his Last Will had been duly attested by Kandiah Neelakanthan Notary Public. They also sought a direction of Court requesting the said Kandiah Neelakanthan Notary Public to produce the said Last Will of Anura Bandaranaike in court and requested to quash Sunethra Bandaranaike’s application.

They further produced a list of over 100 witnesses including Senior Presidential Advisor and MP, Basil Rajapakse and a group of politicians including the Speaker Chamal Rajapakse a former Deputy Inspector General of Police, editors of several newspapers to prove their claim.

Among the politicians names as witnesses were Dullas Alahapperuma, Maithreepala Sirisena, Nimal Siripala de Silva, Anura Priyadarshana Yapa and Mervin Silva. They also named attorney Scott W. Wellman in USA in the list of the witnesses to whom they alleged that Anura Bandaranaike handed over his last will in 1996.

President Counsel Romesh Silva appeared for Chandrika Bandaranaike Kumaranatunge

Counsel Avindra Rodrigu with Sudesh Peter appeared for Sunethra Bandaranaike. Counsel A.L.M Hidayathulla, E.M.D Upali, Hemantha Botheju appeared for the intervening respondents.