CJ’s Petition: Appeals Court to deliver order on interim relief today

Friday, 21 December 2012 00:48 - - {{hitsCtrl.values.hits}}

By Dharisha Bastians

The Court of Appeal will decide today whether to issue notice on respondents and grant interim relief in the writ application filed by Chief Justice Shirani Bandaranayake against the findings of the Parliamentary Select Committee.

Upon hearing submissions by lead attorney for the Chief Justice, President’s Counsel Romesh De Silva, the three-judge Appeals Court bench decided to reserve its order to be delivered at 11 a.m. today.

The petition was taken up for support before President of the Court of Appeal S. Skandarajah and Justices Anil Gooneratne and A.W.A. Salam at 2 p.m. yesterday.

The Speaker of Parliament, 11 members in the PSC and the Secretary General have been cited as respondents in the petition.

In his submissions before the Court Romesh De Silva PC, said that the Parliamentary Select Committee had never intended to hold true inquiry into the charges in the motion of impeachment against Chief Justice Bandaranayake.

De Silva said that his client had appeared before the Committee with the full intention of proving her innocence but a legal procedure for leading evidence and conduct of proceedings was never specified, despite repeated requests by Bandaranayake’s legal team.

De Silva said that his client was subject to verbal abuse by some members of the Committee and was finally forced to walk out because there was no guarantee of fair trial. He said that after his client had walked out the Committee had proceeded to summon witnesses and lead oral evidence although the Chief Justice and her legal team had been informed that there would be no oral evidence led during the proceedings.

Lawyers for the Chief Justice on Wednesday (19) filed writs of certiorari and prohibition seeking to quash the findings of the PSC and to prohibit further action being taken by the Speaker with regard to the impeachment. The writ application also seeks an interim order preventing the Speaker of Parliament from taking any further action with regard to the PSC report until the hearing and determination of the petition is concluded in the Court of Appeal.

Neelakandan and Neelakandan Attorneys-at-Law filed the application on behalf Chief Justice Bandaranayake. The petition will be supported by Romesh De Silva PC, and assisted by Nalin Ladduwahetty PC and Attorneys-at-Law Saliya Pieris, Sugath Caldera, Riad Ameen, Buddhika Illangetilake, Manjuka Fernandopulle, Shanaka Cooray, and Eraj De Silva.