The Counsel for Justice Sarath de Abrew yesterday submitted to the Supreme Court that there was no proper investigation or no sufficient evidence against Justice Sarath de Abrew to institute criminal proceedings against him.

President’s Counsel Manohara de Silva also submitted the Attorney General had refused to grant an opportunity to the Petitioner for an interview to give material evidences to counter the uncorroborative statement or evidences of the victim and maintained that the charges were incredible and fabricated.

He further said that the materials available did not warrant any charges against him and contended that some influential power had compelled him to initiate criminal proceedings.

He stated in the light of the contradictory positions taken by the victim, an opportunity for an interview should have been given to the petitioner but the Attorney General had not done so.

He maintained that there was no due process followed and the statement of the witnesses of the petitioner was not recorded. He claimed the Attorney General could have succumbed to pressure and his decision was arbitrary and capricious.

Additional Solicitor General Yashantha Gothagoda countered that the Attorney General's Department had not succumbed to any pressure or interference.
He submitted that the complainant's version was tenable to criminal proceedings.

He said the Attorney General acted with the volume of evidences in the affirmative and it was now a part of the domain material as the indictment with the attachments are filed in the High Court as well as in the Magistrate’s Court.

He justified the decision to initiate the proceedings in the High Court and advised the police to initiate criminal proceedings in the Magistrate’s Court as well.

He stated that he had to justify the decision of the Attorney General to institute criminal proceedings against the Petitioner and maintained that there had been due and proper process.

The fundamental rights petition was filed by the Supreme Court Judge Sarath de Abrew challenging the decision of the Attorney General and the police to institute criminal proceedings in the Colombo High Court and Mount Lavinia Magistrate’s Court respectively.

The Bench comprised Chief Justice K.Sripavan, Justices Priyantha Jayawardane and Upaly Abeyrathne. The Court fixed the matter to be resumed on Tuesday (8) at 2.00 pm.

The petitioner cited Mount Lavinia Headquarter Inspector Chanaka Iddamalgoda, Chief Inspector Wanasinghe (CID), CID Director B.R.S.R.Nagahamulla, the IGP, CID OIC Karunathilake, ASP C.W.Wickremaserkera and the Attorney General as Respondents.

President’s Counsel Manohara de Silva with Uditha Egalahewa PC, Senior Counsel Daya Gamage and Arinda Wijesurendra appeared for the Petitioner. Additional Solicitor General Yasanatha Kothagoda with Senior State Counsel Yuresha de Silva appeared for the Attorney General. J.C.Weliamuna with Pulasthi Hewamanne appeared for the interest of the victim complainant Nilusha Damayanthi.

The Attorney General has already filed an indictment in the Colombo High Court against Sarath de Abrew for allegedly committing grave sexual abuse on a domestic aide on or around June 26 this year.(S.S.Selvanayagam)