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| Tuesday, 30 March 2004 |
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Court refixes hearing to allow submissions on Rules by Indeewara Thilakarathne The Court of Appeal yesterday refixed the hearing in the contempt case filed by Chairman Sri Lanka Telecom and Sri Lanka Cricket President Thilanga Sumathipala against Sunday Leader Editor Lasantha Wickrematunga and two others to allow submissions to be presented on whether any Rules have been issued against the Respondents for Contempt of Court. In this case, Petitioner Thilanga Sumathipala has filed an application against the Editor-in-Chief of Sunday Leader Lasantha Wickrematunga , journalist Frederica Jansz and the Sunday Leader Publisher Lal Wickrematunga against a series of articles carried in the Leader publication which the Petitioner claimed amounted to Contempt of Court. The Bench comprised Justices N.K Udalagama and S.I. Imam. When the case came up for hearing last week counsel for the Respondents Romesh De Silva PC submitted that there was no need for his clients to show cause since no Rules have been issued against them in terms of the law. At this stage Counsel for the petitioner submitted to Court that the Respondents should show cause in this regard. However the Counsel for the Respondents took up the position that there were no Rules issued and that the Court should permit him to make submissions on the matter. Having heard the submissions made by both Counsel, Court permitted Counsel for the Respondents to make submissions on whether any Rule had been issued in terms of Law. When Counsel for the Respondents wished to make his submission before the President of the Court of Appeal , Court fixed hearing for June 17. Petitioner Sumathipala in his application states that the articles were published with the cold and calculated intention of interfering with the ongoing judicial proceedings and creating an atmosphere of real and substantial prejudice against him(petitioner) subverting the due process of Law and gravely prejudicing the holding of a fair trial. Sumathipala says that the publication of the articles while there was imminent legal proceedings against him and also after the case began rendered the action sub judice. Sumathipala is the second accused in the Magistrate's Court case where he is being charged for aiding and abetting Dhammika Amarasinghe to forge a passport in the name of Buddhika Priyashantha Godage and aiding and abetting Dhammika Amarasinghe to travel abroad using the forged passport. Thilanga Sumathipala asked Court to issue a Rule on Sunday Leader Editor, journalist Fredrica Jansz and Publisher of the Sunday Leader Lal Wickramatunga on why they should not be punished for contempt of the Magistrate's Court of Colombo and upon failure to show cause to punish the respondents for contempt of Court. Romesh de Silva PC with Palitha Kumarasinghe instructed by G.G Arul Pragasam appeared for the respondents Lasantha Wickrematunga , Lal Wickrematunga and Fredrica Jansz. D.S. Wijesinghe PC with D.P Kumarasinghe appeared for the petitioner while Suhada Gamlath appeared for the prosecution. Gamini Marapana PC with Dr Harsha Cabral and Navin Marapana instructed by D.N Thurairajah appeared for Thilanga Sumathipala. |
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