Ravi refused Special Leave

Wasantha RAMANAYAKE

The Supreme Court yesterday refused to grant Special Leave to Appeal with an application filed by UNP Parliamentarian Ravi Karunanayake from the judgment of the Court of Appeal seeking to stay the trial against him in the Colombo High Court.

The Bench comprised Justice Dr Shirani Bandaranayake, Justice Nimal Gamini Amaratunga and Justice P.A. Ratnayake PC.

The Court noted that it saw no basis to grant Special Leave.

Petitioner Ravi Karunanayake MP filed the instant application from the judgment of the Court of Appeal dated May 26. The Court of Appeal by its judgment affirmed the order of the Colombo High Court which overruled the preliminary objections of the three accused including MP Kurunanayake.

He sought to set aside both the Appeal Court and High Court orders and sought an interim order to stop the trial against him in the High Court until the final determination of his Special Leave application in the Supreme Court.

The petitioner stated that the High Court over ruled their preliminary objections with regard to the jurisdiction of the High Court to try him under the Exchange Control Act.

According to the petition the Attorney General indicted Naxia Corporate (Pvt) Consultants Ltd. Lincoln Piyasena and Ravi Karunanayake on four counts under the Exchange Control Act read with the Penal Code, in respect of retaining $3,000,000 in a private bank without the approval of the Central Bank, in the Colombo High Court on June 10, 2009. He submitted that the Court of Appeal dismissed his petition, on the basis among other matters that a petitioner dissatisfied with the High Court order in a criminal case can file a petition of appeal under Section 331 of the Criminal Procedure Code only when such order is a final order. He stated that the Appeal Court erred in law.

Counsel Saliya Pieris with Wasantha Batagoda appeared for the petitioner.

Counsel Sudath Jayasundra instructed by K. Ganeshyogan appeared for Naxia Corporate Consultants (Pvt) Limited.

Additional Solicitor General Palith Fernando PC with Riyaz Hamza appeared for the Attorney General.