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Sunday Times case: Sinha Ratnatunga declines settlement

by Wasantha Ramanayake

When the Sunday Times case was called yesterday, S.L. Gunasekera senior defence counsel said his client Sunday Times Editor Sinha Migara Ratnatunga declined to accept the settlement offered by the Supreme Court and submitted that the appeal against his conviction for criminal defamation of President Chandrika Bandaranaike Kumaratunga proceed to argument.

The Bench comprised Chief Justice Sarath N. Silva PC, Justices Ameer Ismail and P. Edussuriya.

Counsel Gunasekera appearing for Sinha Ratnatunga further submitted that the matter could not be resolved in the way that had been suggested and moved for support to the application for Special Leave to Appeal.

He said that the Court was prepared to discharge the editor on the basis of Section 306 of the Criminal Procedure Code but that provision entailed a finding of guilt and the editor had right along taken the position that the article concerned was not defamatory and that there had been no intention to defame the President.

Earlier, the court decided to act in terms of 306 (1) of the Code of Criminal Procedure Act of 1979 and set aside the conviction imposed on the accused\appellant on the basis that a statement would be published by the accused\appellant on lines acceptable to the counsels representing the Attorney General and the virtual complainant, the President Chandrika Bandaranaike Kumaratunga. Accordingly, counsel for the petitioner sought time to consider the settlement.

Accused\appellant Sinha Migara Ratnatunga, the Editor of the Sunday Times, had filed this application being aggrieved by the order of the Court of Appeal of December 5, 2001, which up held the conviction order made against him by the High Court of Colombo.

The Colombo High Court on July 1, 1997, convicted and sentenced the Sunday Times Editor for one year simple imprisonment and a fine Rs. 10,000 with criminal defamation of the President Chandrika Bandaranaike Kumaratunga by publishing an article in The Sunday Times on 19/02 /1995. Thereafter, accused\appellant filed the instant application seeking to set aside the order of the Court of Appeal dated December 5, 2001, and quash the High Court order. He was also seeking an order of acquittal.

Deputy Solicitor General Palitha Fernando appeared for the Attorney General.

S.L. Gunesekara, with Ronald Perera instructed by Samararatne Associates appeared for Mr. Ratnatunga.

Mr. R.I. Obeysekera PC with Mr. Wijaya Wickremaratne PC with Messrs Ashley Herat and A. W. Yusuf appeared for the aggrieved party.

The case was put off for July 4.

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