The Court of Appeal issued an order directing MP Johnston Fernando to appear before Colombo Fort Magistrate’s Court before 8 pm today.
A two-judge-bench of the Court of Appeal comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola further ordered the CID not to execute the warrant against Johnston Fernando until 8 pm yesterday. The Court made this order pursuant to a writ petition filed by Johnston Fernando seeking an order preventing him from being arrested by CID over attacks on Galle Face protestors. Meanwhile, the Court of Appeal issued notices returnable for June 21 to respondents.
President’s Counsel Manohara de Silva appearing for MP Johnston Fernando submitted to the court that the reports filed before Colombo Fort Magistrate’s Court have not disclosed a reasonable suspicion of committing an offence. He said his client did not go to the Galle Face and did not commit any offence by attacking people or damaging property. He further said that the statement made by his client did not constitute any offence.
Additional Solicitor General Vikum de Abrew with Deputy Solicitor General Lakmini Girihagama appearing for the Attorney General alleged that Johnston Fernando could be charged with conspiracy, abetting, intimidation and unlawful assembly since his statement triggered the violence. He further said the petitioner is bypassing the judicial procedure without seeking available alternative remedies.
President’s Counsel Rienzie Arsecularatne appearing for an aggrieved party submitted to the court that there is sufficient evidence against the petitioner for instigating people to commit the series of offences.
On Wednesday (08), the Colombo Fort Magistrate’s Court issued a warrant for the arrest of former Minister Johnston Fernando in connection with the Galle Face attack case.
In its B reports, the CID had reported to Magistrate’s court that the Ex-Minister Fernando delivered a speech on the 9th of May, in a manner of inciting people to attack the protesters at MainaGoGama.
Meanwhile, Fernando surrendered to Magistrate Thilina Gamage last evening and he was released on bail.
