SC suspends criminal proceedings in X-Press Pearl case

By Lakmal Sooriyagoda

The Supreme Court yesterday issued an interim order staying the further proceedings relating to the indictment filed before Colombo High Court against eight accused including the Captain of the fire-ravaged container ship MV X-Press Pearl.  

Supreme Court three-judge-bench comprising Justices A.H.M.D. Nawaz, Kumuduni Wickramasinghe and Priyantha Fernando issued this interim order pursuant to a special leave to appeal application filed by the accused-petitioners challenging the Court of Appeal decision to dismiss their revision applications. This interim order will be effective until February 12 next year.  

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 for the destruction caused to the coastal areas of the country within the territorial waters of Sri Lanka.  

The charge against the petitioners is that at the time an alleged offence under Section 26(a) of the Marine Environmental Protection Authority (MEPA) Act was purportedly committed by Sea Consortium Lanka (Pvt) Limited, and therefore the petitioners are liable for the commission of an offence under Section 26 (a) read with Section 58 of the MEPA Act.  

The petitioners stated that the Court of Appeal erred in law in failing to appreciate that the indictment filed under the hand of the Attorney-General is patently beyond the powers to institute legal proceedings vested with the MEPA.  

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.  

President’s Counsel Sanjeeva Jayawardana Pc with Dilumi de Alwis and Rukshan Senadheera appeared for the 6th, 7th and 8th accused-petitioners. President’s Counsel Romesh De Silva appeared for the 3rd accused-petitioner.