CA Blocks Magistrate’s Order Against Sirisena
The Court of Appeal today issued a writ order nullifying the directive issued by the Colombo Fort Magistrate's Court requiring former President Maithripala Sirisena to appear in court in connection with a private complaint filed against him for allegedly committing culpable homicide by failing to prevent the Easter Sunday terror attacks.This order was delivered by a five-judge bench of the Court of Appeal, ruling on the writ petition filed by former President Maithripala Sirisena.The verdict was announced by the bench comprising Justices Dhammika Ganepola, Mayadunne Corea, P. Kumaran Ratnam, Shashi Mahendran, and Amal Ranaraja.However, the bench emphasized that this ruling does not prevent the continuation of the private complaint before the Fort Magistrate's Court if new evidence is presented.The respondents named in this petition include Rev. Fr. Cyril Gamini and Jesuraj Ganeshan, a victim of the Easter Sunday terror attacks.The petitioner, former President Sirisena, states that the respondents had filed a private complaint in 2022 before the Colombo Fort Magistrate's Court, accusing him of culpable homicide by failing to take action to prevent the Easter attacks.He further states that the private complaint was based on the conclusions of the Presidential Commission of Inquiry appointed to investigate the Easter Sunday attacks.He claims that the Magistrate, having been satisfied with the complaint, had issued a notice requiring him to appear before court.The petitioner argues that the conclusions of the Presidential Commission cannot be accepted as judicial evidence, and therefore, the Magistrate's decision to continue the private complaint on that basis is unlawful.Accordingly, former President Maithripala Sirisena filed this petition seeking a writ order to nullify the Magistrate's directive requiring him to appear in relation to the private complaint filed before the Colombo Fort Magistrate's Court.
