5 December 2024 08:50 am Views - 20
By Lakmal Sooriyagoda
A contempt of court application filed against former Parliamentarian Hirunika Premachandra was terminated yesterday before the Court of Appeal, following her decision to withdraw the alleged contemptuous statement she made regarding the ongoing proceedings before the Mount Lavinia Magistrate’s Court.
Additionally, Hirunika Premachandra gave an undertaking to the Court not to make any further statements regarding the case in the Mount Lavinia Magistrate’s Court.
The petitioner, Hisham Jamaldeen, the son of former Governor A.J.M. Muzammil, alleged that the respondent, Hirunika Premachandra, had made a statement to the media concerning the Magistrate’s order granting bail to him, despite the ongoing proceedings before the Mount Lavinia Magistrate’s Court.
The Court of Appeal’s two-judge bench, comprising Justices (President) Nissanka Bandula Karunaratne and Shashi Majendran, advised the respondent to refrain from making such statements against any person in the future. The court then permitted her to be discharged from the contempt of court proceedings, and the matter was terminated accordingly.
Counsel for the complainant Nishan Sydney Premathiratne informed court that Hirunika Premachandra had informed that she is in agreement to withdraw the statement made in respect of the proceedings of Magistrate Court Mt. Lavinia, and also to undertake not to make any future statements in regard to the Magistrate Court proceedings. Counsel for the Complainant submitted to Court that this would safeguard his client’s interests in the Magistrate Court proceedings and also the due administration of justice and sought permission from the Court of Appeal to terminate proceedings with such being recorded, and a warning be issued on the respondent.
President’s Counsel Farman Cassim, appearing for Hirunika Premachandra, objected to issuing any warning and informed the Court that there cannot be any settlement recorded in such circumstances. It was then recorded on behalf of Hirunika Premachandra that the Statements already made with regards to the Magistrate Court of Mt. Lavinia proceedings against her to stand withdrawn and the Respondent Accused undertook to the Court of Appeal not to make any further statements with regard to the case in Magistrate Court of Mt. Lavinia.
Counsel Nishan Sydney Premathiratne with Gamindu Karunasena instructed by Sarvanan Neelakandan Law Associates appeared for the complainant. President’s Counsel Farman Cassim with Vinura Kularatne instructed by Shyamali Athukorala appeared for the respondent.