30 October 2024 04:00 pm Views - 1694
The Court of Appeal today issued an order quashing the decision by the Matale High Court to issue a warrant against cricketer Upul Tharanga, the Chairman of Sri Lanka Cricket’s Selection Committee.
The two-judge bench of the Court of Appeal, comprising Justices M.T.M. Lafar and P. Kumararatnam, made this order pursuant to a writ petition filed by Upul Tharanga, challenging the legality of the Matale High Court's order.
On October 8, the Matale High Court had issued a warrant for the arrest of Sri Lanka cricket legend Upul Tharanga after he failed to appear before court as a witness over a match-fixing case initiated by the Attorney General.
Upul Tharanga today appeared before the Court of Appeal in person on the notice returnable date.
On behalf of the Attorney General, it was submitted that Upul Tharanga on his previous date of evidence before the High Court of Matale had consented to the date of 8th October 2024 despite knowing that he may be possibly unavailable on the said date, and that he had been careless and reckless in not appearing before the High Court of Matale on 8th October 2024. The State, however, commended Upul Tharanga’s overall conduct in volunteering to complain on his own volition regarding the attempted match fixing in the Legends Cricket Trophy, which was held in Kandy earlier this year.
On behalf of petitioner Upul Tharanga, Counsel Nishan Sydney Premathiratne submitted that the petitioner did not act carelessly and, in fact, had taken all steps to inform the SIU officer of his unavailability on 8th October 2024 from around 1st October 2024 and he was not informed of any issue prior to his departure from the country.
It was submitted that screenshots of the call records had also been placed before the Court of Appeal. It was further submitted that the petitioner had no reason to intentionally avoid a hearing on 8th October 2024, having already given evidence on two days before the High Court. It was further submitted to Court that only on 7th October 2024 he had been informed by the SIU officer that the Court may find fault with him and to retain a lawyer, despite having already informed the SIU in writing of his absence. It was submitted further on behalf of the petitioner that it was the prosecution who had used the documents submitted by Upul Tharanga to the SIU and moved the Court for a warrant and an overreaching order to be arrested at the airport. It was also submitted that Upul Tharanga had voluntarily come before the Court of Appeal in deference to Court as per his undertaking given in the petition and had no reason to avoid completing his evidence in Matale.
It was recorded in Court by way of an undertaking that Upul Tharanga will be in attendance for his evidence in the High Court of Matale on 15th January 2025.
Counsel Nishan Sydney Premathiratne appeared with Attorneys Shenali Dias and Vikum Jayasinghe on the instructions of Gamindu Karunasena for the petitioner, Upul Tharanga.
Deputy Solicitor General Manohara Jayasinghe appeared for the Attorney General.