• The indictment was served on the accused after the High Court and Court of Appeal dismissed the preliminary objections raised by the accused against the indictment

By Lakmal Sooriyagoda   

The Colombo High Court yesterday served an indictment on eight accused including the Captain of the fire-ravaged container ship MV X-Press Pearl for causing damage to the country’s oceanic environment.  

The indictment was served on the accused after the High Court and Court of Appeal dismissed the preliminary objections raised by the accused against the indictment.  

The eight accused had filed revision applications in the Court of Appeal challenging the Colombo High Court’s decision to reject their preliminary objections against the charges. The Court of Appeal decided to dismiss the revision application without the notices being issued to the Attorney General.   

The Attorney General filed the indictment against eight accused in the Colombo High Court, charging them on eight counts in terms of section 26(a) of the Marine Pollution Prevention Act No. 35 of 2008.  

These charges emanate from the destruction caused to the coastal areas of the country within the territorial waters of Sri Lanka, as a result of the marine pollution caused by a ship called MV X-Press Pearl, between May 19, 2021 and June 02, 2021.   

The charges have been filed against Tyutkalo Vitalyon, the Master of the ship, Sea Consortium Lanka (Pvt) Ltd, its directors and the General Manager for the destruction caused to the coastal areas of the country within the territorial waters of Sri Lanka.  

Deputy Solicitor General Madhawa Tennakoon appeared for the Attorney General.