Romesh de Silva PC, appearing for the Hayleys PLC, informed the court that his client as a company, which runs a hub operation in Katunayaka, had not violated any law as it had only done a separating process for re-exportation of containers of mattresses, which cannot be regarded as waste.
He said the mattresses were somehow exposed to the open environment and exposure to rainwater due to negligence, which resulted in the goods being regarded as waste.
Considering the writ petition filed with regard to the shipment of garbage containers imported, the Court of Appeal today fixed for tomorrow (31) to decide on issuing notices to the respondents and granting interim relief. The petitioner had sought an interim order to be delivered preventing any transportation of the containers inside the country.
Appearing for the Hayleys PLC which has a hub at free trade zone in Katunayaka, Romesh de Silva PC elaborated the involvement of Hayleys PLC in this matter. He said that these alleged containers of mattresses were owned and imported by a company called Ceylon Metal Processing Ltd (CMP) in expectation of re-exporting.
Hayleys had done only the processing part of the mattresses as they were dismantled and separated by Hayleys using its hub. Mr. de Silva was of the view that these mattresses cannot be regarded as waste because there is not an iota of evidence to suggest that these goods were biomedical and healthcare goods or something that can be regarded as waste under the law.
When questioned by the President of the Court of Appeal, Justice Yasantha Kodagoda over the possibility of any by-products of the mattresses process inside the country, Romesh de Silva PC said those mattresses never get transported inside the country even as a by-product or as any other disposal because, when the mattresses were imported from the UK by CMP, the containers come to the hub operated by Hayleys for only the separation process for re-exportation.
The matter was taken up before the Bench comprising Justices Yasantha Kodagoda (president) and Arjun Obeysekara. (Shehan Chamika Silva)