Heated argument ensues between Judge and Defence Counsel

8 December 2017 06:22 am - 18 - {{hitsCtrl.values.hits}}

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A heated argument ensued between Counsel Maithri Gunaratne and High Court Judge A.A.R. Heiyantuduwa after court ordered to adjourn the consideration of the revision bail applications filed on behalf of former Navy spokesman Commander D.K.P. Dasanayake and five others, who are currently in remand custody over the alleged disappearances of 11 youths in 2008.

The revision bail applications were yesterday supposed to be taken up in Colombo High Court Number 1, where Colombo Chief High Court Judge Manilal Waidyathilake was presiding.

However, Colombo High Court Judge A.A.R. Heiyantuduwa, who was taking the chair at Court number 2, came up to take over the previously scheduled 57 cases at Court number 1 in the absence of Chief High Court Judge Manilal Waidyathilake.

When the revision application of D.KP. Dasanayake was taken up for consideration; Counsel Maithri Gunaratne who appeared on behalf of Navy Commander Dassanayake began to make his submission. However, Judge Heiyantuduwa said he would postpone the case as the permanent judge was absent.

The High Court number 1 Mudliyar (interpreter) then saying the nearest date that could be provided was in the second week of January and subsequently, the Judge went on to postpone the case till January.

At this moment, a heated argument ensued as Counsel Gunaratne did not accept the stance of the Judge to postpone the case till January and asked for a much earlier date in late December.

Criticizing the attitude and the manner in which the Judge had decided to postpone the case, Counsel Gunaratne in a high tone reprimanded the Judge that it was a total injustice to the fundamental rights of citizens in the country.

Judge Heiyantuduwa also hit back saying he could not accommodate the request as there was no date available in the month of December.

However, after the heated argument, the Counsel left the Court room criticizing the Judge and within a few minutes he came back into the court room.

At this moment, Judge Heiyantuduwa asked Counsel Gunaratne and Senior State Counsel Janaka Bandara to make relevant submissions for the record regarding the adjournment of the consideration of revision applications.

Counsel Gunaratne said that it was the second time that the consideration of the revision application was postponed and therefore he requested the court to call the case before the permanent Judge prior to the star of December court vacation.

Speaking on the behaviour of Counsel Gunaratene, Senior State Counsel Janaka Bandara said in the previous date when the matter was taken up for consideration the permanent Judge was in hospital and yesterday it was said that the Judge was not on duty due to a personal reason.

SSC Janaka Bandara also commenting on the magisterial inquiry against the suspect said it was not an ordinary allegation but an investigation about the disappearances of eleven youths who were not even LTTE supporters.

“We are mindful of the fact about people who had served the nation, but that does not mean that they received licenses to abduct innocent people to demand ransom. Investigations are still going on and much revealing evidence is being filed into this inquiry. So it is not appropriate that counsel Gunaratne behave shouting at the Judge like a bull in a fish market”

Subsequently, Judge Heiyantuduwa was also of the view that he had not engaged in an inappropriate manner or caused injustice to citizens as it was not his duty to consider the matters in High Court number 1 and that he went on to postpone the case because there were no dates available in December according to the interpreter at Court number 1.

However, the other Counsel appearing for the rest of the five suspects did not object to the adjournment of the cases and thereby, all revision applications were postponed for January 9, 2018.

Suspects, D.K.P. Dassanayake, Sumith Ranasinghe, Lakshman Udayakumara, Naleen Prasanna, Ihalagedara Dharmadasa and Pathiranage Dasanayake, who were in remand custody had filed revision bail applications in High Court, while suspect Prasad Hettiarachchi is evading the Magisterial inquiry and suspect Sampath Munasinghe is on bail. (Shehan Chamika Silva)

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Comments - 18

Unchikun Friday, 08 December 2017 09:19 AM

In this profession, money doss all the talking. I am with "One Shot".

Punny Pellow Saturday, 09 December 2017 07:41 AM

Law, Maithri and common Sense!!!

Ram Friday, 08 December 2017 09:30 AM

Lawyers when they become Politicians think no end of them selves and stir the court by their inappropriate behaviour or behaving like a Bull in a China Shop. When they are regular practitioners they don't have the guts to talk back to the Bench.

daham Friday, 08 December 2017 09:43 AM

Thanks yahapaalanaya. If terrorists come up to fight again, not a single man will join forces for combat operations.

Labby Saturday, 09 December 2017 06:16 PM

Does this mean the security forces should be given the license to abduct citizens as and when they please? This will be tolerated only under a MR regime.

daham Friday, 08 December 2017 09:47 AM

The peoples' interest is very low this time because they can't afford as the income is low and expenses are sky high.

BuffaloaCitizen Friday, 08 December 2017 10:08 AM

Counsel Gunaratne may have thought that MR was in power where anything done by the armed forces including inhumanity and criminal acts were considered heroism.

ceylon Friday, 08 December 2017 11:19 AM

students kidnapedlootod ransom money frm parents and to keep it secretkilled childrencut stoumach for not to come out body frm waterthrown to sea. via DM Android App

ceylon Friday, 08 December 2017 11:19 AM

this kind of animals in human disguise asking bail. via DM Android App

Sanje Friday, 08 December 2017 11:35 AM

Good initiative Maithree. Some times handful judges are taking the law into their own hands. Somebody has to investigate the reason behind absence of scheduled judge.They are being paid to serve the people..

ANTON Friday, 08 December 2017 01:39 PM

AIYOOO....... THERE SHOULD HAVE BEEN A BOXING OR WRESTLING FIGHT.

Summa Friday, 08 December 2017 02:18 PM

Everyday we hear stories or news about the very sad state of affairs in our judiciary. I cannot see anything getting better in the near future. When majority of members in the Parliament are less than (O) Level qualified who're supposed to enact the legislature, what else can we expect?

BRUTAL. Friday, 08 December 2017 05:24 PM

WHO GAVE. LICENSE. FOR. THE. SECURITY. FORCES TO ABDUCT INNOCENT PEOPLE.AND DEMAND RANSOM. AND. KILL THEM IF. THEIR. DEMAND. WAS NOT METED OUT. via DM Android App

Hubert Friday, 08 December 2017 05:57 PM

Citizens right will never be restored under the legal system appearing for murderers and demanding

dharma Friday, 08 December 2017 06:46 PM

the council must know how to behave in court, lawyer who talking like bull, condom the court must fine and sent to Jail for months

malij Friday, 08 December 2017 06:53 PM

People are been brain washed to believe that any person wearing a uniform is a hero. But reality is far from it.

Mulka Saturday, 09 December 2017 06:36 AM

It is a irrefutable Fact " THAT JUSTICE DELAYED IS JUSTICE DENIED" - MULKA

jehan Saturday, 09 December 2017 05:36 PM

30% poverty. every body is equal in law.

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Heated argument ensues between Judge and Defence Counsel

Comments - 18

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