Rev.Fr.Cyril Gamini seeks a fuller bench of the Court of Appeal to hear Maithripala’s writ application.
Filing a motion before the Court of Appeal, Rev. Fr. Cyril Gamini Fernando today sought a fuller or a divisional bench to hear the writ petition filed by former President Maithripala Sirisena. In his writ application, former President Sirisena challenged the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents.
On October 14, 2022, the Court of Appeal’s two-judge bench issued an order postponing a magisterial inquiry against former President Maithripala Sirisena, and a writ petition was accordingly fixed for argument. The Court of Appeal further decided to postpone the magisterial inquiry at Colombo Fort Magistrate’s Court for a period of 10 weeks.
The Court of Appeal’s two-judge bench, comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar, fixed March 14 to deliver its order regarding the application, requesting a full bench.
Rienzie Arsekularatne PC, appearing for Fr. Cyril Gamini Fernando, moved the court that this petition be heard before a full bench, taking into account the public importance of the petition.
However, Faiszer Musthapha, PC, appearing for the former President, raised objections against the application, citing that a request for a fuller bench cannot be made at the argument stage.
The Colombo Fort Magistrate’s Court had earlier issued a notice directing former President Maithripala Sirisena to appear in court on October 14, 2022, in connection with a private complaint filed on the Easter Sunday attacks. Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, victims of the Easter Sunday attack, filed a private complaint before the Magistrate’s Court, urging the court to take legal action against the former president under Section 298 of the Penal Code for causing deaths by negligence.
