Contempt of court application against Hirunika terminated

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 Lavinia  proceedings against her to stand withdrawn and the Respondent Accused undertook  to the Court of Appeal not to make any further statements with regard  to the case in Magistrate Court of Mt.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.