14 December 2024 12:00 am Views - 17
By Lakmal Sooriyagoda
The Negombo District Court has issued an order in a case filed by a victim of the Easter Sunday attack, ruling that the Preliminary Issues of Law raised by former IGP Pujith Jayasundara and former State Intelligence Service Director Nilantha Jayawardena, based on Section 88 of the Police Ordinance, cannot be taken up as preliminary issues and must instead be considered at the conclusion of the case.
The objections raised by the defendants were grounded on the claim that the actions had not been filed within the stipulated three-month period from the date of the incident, as required under the Police Ordinance. The defendants argued that this failure warranted dismissal of the case at the outset.
Negombo District Court Judge Lalith Kannangara issued the ruling in response to a lawsuit filed by Dona Nayana Rasika Kumari of Negombo, a victim of the Easter Sunday attack at the Katuwapitiya Church.
As a result of this order, the plaintiff will now have the opportunity to provide evidence during the trial to explain why the action could not be filed within the time limit prescribed by the Police Ordinance.
This ruling is also applicable to all 182 similar cases currently pending before the Negombo District Court. Consequently, all such cases will now proceed to trial.
Senior Counsel Varuna Senadhira with Indika Bandara Abeykoon instructed by Angelika Perera, appeared for the Plaintiff. Samadhi Gamlath appeared for Pujith Jayasundara. Nisasiri Dayananda instructed by Madumathi Jayatilaka appeared for Nilantha Jayawardena.