SC refuses special leave to appeal

Sarath MALALASEKERA

COLOMBO: The Supreme Court has refused an application to grant special leave to appeal by Major General Wasantha Perera.

The petitioner Major General G. Wasantha Perera of Nawala Road, Nugegoda cited The Associated Newspapers of Ceylon Limited (ANCL), Daily News Editor G.L.W. Wijesinghe and Dinamina Editor C. Dodawatta as the respondents.

The Supreme Court Bench comprised Chief Justice Sarath N. Silva PC, Justice Shiranee Tilakawardena and Justice Jagath Balapatabendi.

Major General Wasantha Perera filed action against ANCL in the District Court of Colombo alleging that certain news items which appeared in the Daily News and Dinamina were defamatory of him. The District Judge dismissed this action on February 13, 2006.

Thereafter, Major General Perera filed a Revision application in the Court of Appeal to set aside the District Court judgement.

The Court of Appeal upheld the preliminary objections raised by the Senior Counsel of the ANCL and Major General Wasantha Perera’s Revision Application was dismissed on February 19, 2007.

Subsequently Major General Wasantha Perera filed a Special Leave to Appeal application before the Supreme Court to set aside the judgement of the Court of Appeal.

The Special leave to application was refused by the Supreme Court on July 13, 2007.

President’s Counsel D.P. Mendis with J.G. Sarath Kumara and Mohan Rupasinghe appeared for the ANCL instructed by Renuka Thennakoon.

President’s Counsel Nihal Jayamanne instructed by Leelan Weerasooriya appeared for the petitioner Major General Wasantha Perera.