Appeal Court Judge Neil Iddawela has recused himself from hearing the writ petition filed by former President Maithripala Sirisena, challenging the magisterial inquiry and the issuing of summons against him in connection with the Easter Sunday attacks.
Court of Appeal (President) Justice Nissanka Bandula Karunaratne announced that Justice Iddawela, a member of the five-judge-bench nominated to hear this case, has declined to hear the petition.
Accordingly, this petition was fixed for argument to be heard before a five-judge-bench on October 16, 17, 18 and 20.
Filing a motion before the Court of Appeal, Rev. Fr. Cyril Gamini Fernando had earlier sought a fuller or a divisional bench to hear the writ petition filed by former President Maithripala Sirisena.
On October 14, 2022 the Court of Appeal two-judge-bench issued an order postponing the magisterial inquiry against former President Maithripala Sirisena. The Court of Appeal further decided to postpone the magisterial inquiry at the Colombo Fort Magistrate’s Court for a period of 10 weeks.
The Colombo Fort Magistrate’s Court had earlier issued a notice directing former President Maithripala Sirisena to appear before court on October 14, 2022 in connection with a private plaint filed on the Easter Sunday attacks. Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, a victim of the Easter Sunday attack, had filed a private plaint before the Magistrate’s Court urging to take legal action against the former President under Section 298 of the Penal Code for causing deaths by negligence.
Faiz Musthapha PC with Counsel Keerthi Tillekaratne appeared for the former President. Rienzie Arsekularatne PC with Counsel Thejitha koralage, Thilina Punchihewa, Himasha Silva and Udara Muhandiramge appeared for Fr. Cyril Gamini Fernando.
(dailymirror.lk)
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