19 December 2023 09:15 am Views - 5200
This was revealed when a Writ application, filed by Pastor Jerome Fernando, against the Colombo Fort Magistrate’s Order for his remand pending investigations into charges of violating conditions of the International Covenant on Civil and Political Rights (ICCPR) Act, taken up for hearing yesterday.
The Court of Appeal yesterday reserved its order for December 20 on the Writ application.
When the matter was taken up before Justice D. N. Samarakoon, Senior State
Counsel Shaminda Wickrema, appearing on behalf of the Attorney General, submitted that the Application should be dismissed at the outset without going into its merits.
He raised several Preliminary Objections, including:
The writ petition was filed on December 14, to be taken up on December 18, without providing for the mandatory time of at least three working days for the Respondents to prepare, and without annexing proof of delivery of documents to the Respondents as required by the Rules issued by the Court of Appeal.
He further alleged that the necessary parties are not named in the Petition, especially the Intervenient Petitioners, who were the original complainants on this case.
Senior State Counsel Wickrema emphasized to Court that the Petitioner is not a privileged suitor and the law should apply to him equally as to any other person. He pleaded Court not to allow Petitioner Jerome Fernando to desecrate the “Temple of Justice”.
Counsel Lakmini Warusawithana appearing on behalf of the Intervenient Petitioners, associating herself with the Preliminary Objections raised by the Senior State Counsel, reiterated the objections that they were not made parties, they did not receive notice about the Application until yesterday morning (18), the Petitioner was engaging in Forum Shopping and emphasized that they wished to file objections should the Court decide to proceed with the Case.
Warusawithana further reiterated that the Petitioner has suppressed material facts in the instant application, particularly with regard to the other cases filed by him which are material and relevant to the instant Application.
President’s Counsel Ronald Perera appearing on behalf of the Petitioner responding to the objections stated that there was no forum shopping, the Petitioner’s statement had not violated the ICCPR, and he did not abscond and that the Petitioner has not been charged for Money Laundering.