CA cannot intervene in case pending before Permanent HC Trial-at-Bar: Senior ASG

• Senior ASG says indictment served by AG has never been challenged by way of Writ Application before
• Counsel for Karannagoda seeks interim order preventing case before HC from proceeding against his client
• Further hearing will take place tomorrow

The Court of Appeal (CA) cannot intervene in a case pending before a Permanent High Court Trial-at-Bar appointed by the Chief Justice, Senior Additional Solicitor General (ASG) Sarath Jayamanne P.C. told a two-member bench of the CA yesterday, when the Writ Application filed by former Commander of the Navy Admiral of the Fleet Wasantha Karannagoda was taken up for consideration.

The Senior ASG submitted that this is the first time in the 135-year-old history of the Attorney General’s Department that a Writ Application has been filed challenging the indictments served by the AG against an Accused, and requested the Court to reject the Petition as it had no legal basis.

The CA bench comprised Justices A.H.M.D Nawaz and Sobhitha Rajakaruna.

Karannagoda is among 13 others who have been indicted over the abduction of eleven persons in 2008 and 2009 before the Colombo High Court Trial-at-Bar. Summons have been served on him four times to appear before the HC, but he has failed to do so.

Instead Karannagoda has filed a Writ Application seeking an interim order preventing the HC from proceeding with the case against him until final determination of the case filed by him in the CA.

Romesh De Silva P.C., who appeared for the Petitioner yesterday, in his submissions said there is no evidence against his client in relation to the case pending in the HC and the charges are politically motivated. He said Karannagoda was named a suspect ten years after the said events took place, and there was no evidence against him until then, even though statements were recorded from 150 persons in this connection.

De Silva P.C alleged that it was only based on the evidence of former Commander of the Navy Admiral Travis Sinniah (who was Deputy Area Commander East (Trincomalee) when the Petitioner was Navy Commander) that his client was named as an Accused. He also said former CID Director Shani Abeysekera and former CID Gang Robberies Unit OIC Nishantha Silva, who has since fled to Switzerland, framed charges against Karannagoda to appease the United Nations (UN) and some NGOs.

De Silva said by indicting Karannagoda, the AG has acted contrary to law, and requested the CA to suspend the case pending against his client before the HC.

Further hearings will take place tomorrow (25 June).