A revision application filed by former Minister Patali Champika Ranawaka challenging the decision of the Colombo High Court to reject his preliminary objections regarding the motor accident that took place in 2016 at Rajagiriya was today dismissed by the Court of Appeal.
The Court of Appeal bench comprising Justice Menaka Wijesundera and Justice P. Kumararatnam observed that there was no legal basis in the submissions made by the petitioner and thereby ordered to dismiss the application without issuing notices to the respondents.
Ranawaka had raised preliminary objections before High Court stating that the subject matter in the indictment was the subject before the Magistrates Court, and his driver had already pleaded guilty. Therefore the High Court has no jurisdiction.
The Colombo High Court had averred that although the charges in the Magistrates Court and the High Court emanate from the same incident the Criminal Procedure Code has made provision for suspects to be charged for every distinct offence.
The Court of Appeal observed that the High Court judge has correctly held that the proceedings in the Magistrates Court are not a bar for the High Court to proceed in the matter as the charges levelled in the two forums are not the same.
The indictment comprising 16 charges had been filed against MP Patali Champika, his driver Thusith Dilum Kumara and former officer In Charge (OIC) of the Welikada Police Station Sudath Asmadala on charges of fabricating false evidence, causing disappearance of evidence, giving false information, a public servant framing an incorrect record.