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14 September 2023 09:55 pm - 38 - {{hitsCtrl.values.hits}}
The Court of Appeal today was informed that there was no citizenship certificate issued to State Minister Diana Gamage by the Minister.
Counsel Hafeel Farisz appearing for the petitioner who challenged Diana Gamage’s citizenship by way of a writ petition submitted to court, said that in her statement to the CID, Diana Gamage herself had admitted that she is a British citizen.
He further said the Controller General of Emigration and Immigration in his affidavit had admitted the fact that his department has not issued a citizenship certificate to Diana Gamage.
Farisz said Diana Gamage had given a statement to the CID citing she was a British citizen and that she had renounced her British citizenship in 2014.
In her statement to the CID in October 2022, Gamage said that she was, in fact a British citizen by descent of her mother and in 2014 she had relinquished her citizenship .
Farisz argued that the only way that Diana Gamage can be given citizenship in Sri Lanka after she becomes a citizen of another country was if a certificate was issued.
President's Counsel Shavindra Fernando appearing for Diana Gamage moved court to dismiss the petition since it has not complied with the Court of Appeal rule 3(1)(a) of 1990. He further argued that the petitioner was relying on a statement given by Diana Gamage to the CID which has no evidential value. He contended that the statement given to the CID is inadmissible in accordance with the Evidence Ordinance.
Fernando further said there is no issues of Diana Gamage being a Member of Parliament since the Election Commission has issued a gazette notification affirming her legitimate appointment to the legislation.
President's Counsel Farman Cassim appearing for Ranjith Madduma Bandara of the Samagi Jana Balawegaya also informed court that authorities have not issued a Sri Lankan citizenship certificate to Diana Gamage and this matter has been admitted by the Controller General of Emigration and Immigration by way of an affidavit.
Meanwhile, the writ petition filed seeking an order declaring State Minister Diana Gamage is disqualified to be a Member of Parliament since she is a British citizen was today reserved for judgment by the Court of Appeal.
The Court of Appeal three-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne, K.K.A.V. Swarnadhipathi and Justice M.A.R. Marikkar announced that the judgment regarding this petition would be delivered on October 18. The parties were directed to file their written submissions before October 4.
Social activist Oshala Herath filed this petition seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a MP.
In this case, the petitioner claimed that State Minister Diana Gamage is a British citizen and only a British citizen can hold a British passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka. (Lakmal Sooriyagoda)
ranil Thursday, 14 September 2023 10:15 PM
by the time the verdict of this case is given she would have more than enough time to get a citizenship certificate, and come back to parliament fro the backdoor...
Dual citizen Thursday, 14 September 2023 10:26 PM
What a cheat ! If found guilty she may spend several years in a cushioned prison. What’s good for the goose is good for the gander.
VRAJ Thursday, 14 September 2023 10:31 PM
we want to know in which cases Sri Lankan citizenship will be lost, and why.
Energy D Thursday, 14 September 2023 11:28 PM
How is that some court cases are concluded in lightning speed? For instance on the expulsion of SLFP general secretary? Any REDBULL beverage involved?
Jude Friday, 15 September 2023 01:34 AM
Former ASG turned defense Counselor Mr.Shavindra Fernando PC a legal Wiz drafted so many laws while as ASG, will Only get NOT guilty verdicts for his clients!! Here's a classic example!! I hear as an defender Mr.Fernando made a fortune in couple years and that's 10 times more than the whole career as an civil servant in SL Huh.
Ram Friday, 15 September 2023 05:38 AM
Reading the short note about the case, to me it appear to be an open
Ram Friday, 15 September 2023 05:42 AM
Courts must not allow lawyers to bring in flimsy arguments when the respondent has no leg to stand legally. It is a waste of time. For the lawyer to do something for the fee charged the lawyer plays with public money when time of court is wasted. New Rules of Court are necessary to make costs orders against lawyers in such situations as it happens in some Western Jurisdictions
ala Friday, 15 September 2023 06:50 AM
What a complication. Can't these be ascertained by legal documents? Why does so much time consumed to ascertain ones citizenship?
Wixie Friday, 15 September 2023 06:55 AM
Why this Hue and cry, this is the Only Realistic person.
Aquarius Friday, 15 September 2023 07:15 AM
The accused knows the truth and is playing the system to her benefit. The election commissioner who gave her the green light to contest elections should be questioned too. Clearly, her counsel is playing with the legal jargon to divert the issue.
Kandiah Balendran Friday, 15 September 2023 07:49 AM
Genuine investors, would they want to invest in a system like this?
Marcian Christopher Friday, 15 September 2023 08:22 AM
This is a record as any British citizen could come to Sri Lanka as a visitor and on expiry of the date of departure of his/her departure date join a political party and get nomination from the Elections Commissioner and can be appointed a Member of Parliament and in turn be appointed as a Cabinet/State Minister. Food for thought.
Gamini Friday, 15 September 2023 08:42 AM
She has every right in her mind not to leave this goldmine for the fraudsters. We fight to leave, they fight to stay!
sam Friday, 15 September 2023 08:43 AM
Is this the type of people we have in parliament?
Priyanee Wijesekera Friday, 15 September 2023 09:30 AM
This shows the disgusting lack of professionalism and efficiency of the elections commission. They allowed a non citizen to be nominated for election.
Mahila Saturday, 16 September 2023 03:10 AM
Mahinda, NOT R but D, enabled all this under his watch and a non-citizen to contest in November 2019 Presidential Election!!! Wasn't the payment of his emoluments - waste of Funds, for his Ineptness, erudition, and Rectitude!??
Mahila Saturday, 16 September 2023 03:10 AM
Mahinda, NOT R but D, enabled all this under his watch and a non-citizen to contest in November 2019 Presidential Election!!! Wasn't the payment of his emoluments - waste of Funds, for his Ineptness, erudition, and Rectitude!??
pradeep Friday, 15 September 2023 09:51 AM
Immigration has not issued Diana a Citizenship certificate because she has not applied for one after obtaining her British citizenship. Further she also needs to apply for a new NIC with a different number issued to dual citizens
Man Friday, 15 September 2023 10:01 AM
Thank you Mr. Oshala Herath for doing justice to the public of SL.
Dee Friday, 15 September 2023 10:20 AM
A non citizen was allowed to contest presidential elections! What’s this big deal all about? At least she is doing some good!
Wixie Friday, 15 September 2023 04:10 PM
Only one who is aware that we are Ahead of the West only with GMT
Bandu Friday, 15 September 2023 10:25 AM
In SL Laws are sufficient but the application and enforcement are corrupt. In a passport case it is black or white and nothing to argue. But VIPs get an easy delay like the Weerawansa and wife cases still pending after so many years. Frivolous arguments and postponements by many months, give relief till the judgement has no practical effect
D R WILLIAM Friday, 15 September 2023 10:30 AM
Thought to be given to Marcian Christopher's comment. Although she claims to have renounced her British Citizenship in 2014, the truth could be found in the travel record of the said British passport, that is available with the Department of Immigration
Jayantha Friday, 15 September 2023 11:50 AM
if this was a case related to an opposition party politician or a person without any government contacts. Guess the result and speed of it as well. Not only politicians the legal entities seems to be waiting lot of money and time too. Funny thing is IMF never suggest to speed up these processes but just tax the pvt sector.
David Faulk Friday, 15 September 2023 11:52 AM
Illegal Ministers in a illegal government. Corruption at its best. 89How does the IMF lend money to such a country.
Gune Friday, 15 September 2023 12:09 PM
What does it mean by "no citizenship certificate issued"? So then, issue it and if not explain why. These things as reported look very hilarious. Is this hard to be examined? Even a primary school kid will ask those questions. Why is a case as clear cut as this is taking so much arguments, time and resources? Can't the court ask evidence as to the renunciation of her British citizenship?. One would have thought that would be the first thing anyone would ask?
Quolp Friday, 15 September 2023 01:17 PM
To compete in the global challenge, people holding citizenship from other countries should be legitimized as valuable achievements rather than targeting single-family "Rajapaksas" to be prevented from participating in elections that Rajapaksas are preferred by the people to save our Mother Nation from alien intervention leading to SPLIT the United Sri Lanka. Those who are unable to BEAT Rajapaksas in an honest way are acting unscrupulous manner.
Aquarius Friday, 15 September 2023 01:25 PM
The legal system in Sri Lanka will protect these morally and ethically bankrupt politicians. If it is any other ordinary person, it would be a no argument case to the judiciary and the person would be behind bars for lying, falsifying official documents etc. etc. But.... this is Sri Lanka.
Kandy Friday, 15 September 2023 02:01 PM
No PC has lost a case in Sri Lankan courts as judges are beholden unto them for their survival. Take the case of Romesh De Silva PC representing the judiaciary in a case to absolve themselves from taxation.
Statue of Liberty Friday, 15 September 2023 02:06 PM
Justice delayed is justice denied.... Its high time everyone realise this sad truth.
ANNECUNT Friday, 15 September 2023 04:18 PM
Has everybody forgotten our stolen money
Zaza Saturday, 16 September 2023 12:33 AM
A country with plenty of Laws and Elusive Justice. Cry not now? We are under the Bus,
NIMAL Saturday, 16 September 2023 04:46 AM
THIS CASE IS STRAIGHT FORWARD BLACK AND WHITE. HOWEVER, SRI LANKA'S LEGAL SYSTEM IS RENOWNED FOR ACCOMODATING ALL THIS PISSU VIKARA. ONLY IN SRI LANKA!
Alam Saturday, 16 September 2023 12:11 PM
What do u expect from 6.9 million who voted for American gobs.
Lady Diana Saturday, 16 September 2023 07:56 PM
Why cant a confirmation be obtained from the UK Home Office. This case will as usual get dragged on.
Mahila Sunday, 17 September 2023 05:39 AM
Diana, the welcome change to Politics>
Lawyer Monday, 18 September 2023 11:55 AM
Cases are postponed not by days or weeks but by months each time they are taken up . When was this Case initially filed and it is still being argued. The CoA judgement is supposed to be delivered on 18th October and won't it still drag on if an Appeal is filed in the SC ?
Wixie Thursday, 09 November 2023 03:36 PM
Only person who is keen to get Lanka out of Medeveal isolation
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