Court of Appeal quashes warrant issued on arrest of Upul Tharanga

Upul Tharanga 

The Court of Appeal yesterday invalidated the arrest warrant issued by the High Court of Matale in October of cricketer and administrator Upul Tharanga.

This was after the Court being satisfied on the material presented and the circumstances that originally resulted in the arrest warrant.

On 16 October 2024, The Court of Appeal bench comprising Justice M.T. Mohammed Laffar and Justice P. Kumararatnam issued an interim order preventing the Inspector General of Police, Immigration Controller, and Special Investigations Unit (SIU) Investigative Officers from arresting Upul Tharanga at the airport and suspended the warrant issued on 8 October 2024 by the High Court of Matale. 

Upul Tharanga yesterday appeared before the Court of Appeal in person on the notice returnable date. On behalf of the State, it was submitted that Upul Tharanga on his previous date of evidence before the High Court of Matale had consented to the date of 8 October 2024 despite knowing that he may be possibly unavailable on the said date, and that he had been careless and reckless in not appearing before the High Court of Matale on 8 October 2024. The State, however, commended Upul Tharanga’s overall conduct in volunteering to complain on his own volition regarding the attempted match fixing in the Legends Cricket Trophy, which was held in Kandy earlier this year. It was further informed to the Court that if an undertaking can be given to appear on the next trial date and all dates required then an order can be made to recall the warrant. 

On behalf of the Petitioner Upul Tharanga, Counsel Nishan Sydney Premathiratne submitted that the Petitioner did not act carelessly and, in fact, had taken all steps to inform the SIU Officer of his unavailability on 8 October 2024 from around 1 October 2024 and he was not informed of any issue prior to his departure from the country. It was submitted that screenshots of the call records had also been placed before the Court of Appeal. It was further submitted that the Petitioner had no reason to intentionally avoid a hearing on 8 October 2024, having already given evidence on two days before the High Court. It was further submitted to the Court that only on 7 October 2024 he had been informed by the SIU Officer that the Court may find fault with him and to retain a lawyer, despite having already informed the SIU in writing of his absence. It was submitted further on behalf of the Petitioner that it was the prosecution who had used the documents submitted by Upul Tharanga to the SIU and moved the Court for a warrant and an overreaching order to be arrested at the airport. It was also submitted that Upul Tharanga had voluntarily come before the Court of Appeal in deference to Court as per his undertaking given in the petition and had no reason to avoid completing his evidence in Matale. 

The State submitted that the relief by way of a writ directly granted on a judge, who is the 1st respondent, can have deterring effects. However, at this juncture, Justice Laffar commented that if an order is wrong, appropriate relief will be granted by the Court of Appeal against any party, and the High Court should have been cautious in issuing a warrant of this nature has serious repercussions on a person’s family and children, and causes serious reputational damage. The Court queried the reason for Upul Tharanga’s overseas visit and was apprised by Counsel for the petitioner that he had clearly pleaded that he had gone overseas on a professional cricket commitment to participate in a franchise cricket tournament. The Court commented that the petitioner had cooperated continuously and further observed that to, therefore, seek to arrest him at the airport is unreasonable on the prosecution’s own witness. The Court observed that Upul Tharanga should now have his own lawyer in the proceedings and endeavour to finish his evidence. 

It was recorded in Court by way of an undertaking that Upul Tharanga will be in attendance for his evidence in the High Court of Matale on 15 January 2025. 

Counsel Nishan Sydney Premathiratne AAL appeared with Attorneys Shenali Dias and Vikum Jayasinghe on the instructions of Gamindu Karunasena for the Petitioner, Upul Tharanga. DSG Manohara Jayasinghe, AAL appeared for the State.