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SC Judge suggest a fuller Bench to hear Priyani Soysa case

by Rodney Martinesz

Supreme Court Judge, Justice Hector S. Yapa yesterday declined to hear the Priyani Soysa case and suggested a fuller Bench after which the matter was put off for 12th November, 2001.

In this case Rienzie Arsecularatne, father of Suhani who died as four year old in 1992 while under treatment of Prof. Priyani Soysa has filed an application before the Supreme Court to vary an earlier judgement by the Supreme Court which allowed the appeal of Prof. Priyani Soysa against a Court of Appeal ruling which found her guilty of professional negligence.

The petitioner Rienzie Arsecularatne who is presently Additional Solicitor General is challenging the judgment on the basis that the Supreme Court which found Prof. Priyani Soysa guilty of professional negligence cannot allow the appeal.

The petitioner stated that leave to appeal was granted only on two questions raised by the defendant i.e. Did the Court of Appeal err in its finding on professional negligence? Was plaintiff entitled to be awarded damages other than medical expenses?

Counsel for Prof. Priyani Soysa objected to a fuller Bench suggested by Justice Yapa but said they would abide by the decision of the Chief Justice.

Paedriatician Prof. Priyani Soysa was initially found guilty by the High Court for professional negligence in the death of Suhani Arsekularatne which judgement was upheld by the Court of Appeal.

Prof. Priyani Soysa successfully appealed against the Court of Appeal judgement to the Supreme Court which held that although defendant was guilty of failure to order a CAT SCAN on the patient plaintiff failed to prove that this caused the death.

The other judges were Justices Dr. Shirani Bandaranaike and Ameer Ismail.

Romesh de Silva, PC with Palitha Kumarasinghe, Harsha Amarasekera and Sudath Caldera instructed by John Wilson appeared for the petitioner Rienzie Arsecularatne.

H. L. de Silva, PC with Crossette Thambiah appeared for respondent Prof. Priyani Soysa.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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