(Lanka-e-News- 09.July.2014, 3.30PM) It is alleged that Mt.Lavinia magistrate Shahabdeen has delivered an unfair judgment acting partially towards the suspect ( and therefore responsible for serious miscarriage of justice ), Sarath Abrew a Supreme court (SC) judge who was charged with stripping nude a maid servant in his house , attempted rape , and assaulting her with a pistol causing grievous injuries .Additional solicitor General Yasantha Kodagoda who appeared on behalf of the Attorney General (AG) pointed this out in SC yesterday.(08)
Yasantha Kodagoda had further pinponted to the SC that after calling the accused Abrew alone to the magistrate chamber in the absence of the prosecution that is the CID , and lawyers , the magistrate had granted bail on an offence for which bail cannot be granted .Kodagoda explianed this to court when the fundamental rights petition filed by Abrew was taken for trial in the SC before a two judge bench comprising judges Upali Abeyratne (Pissu Poosa) and Sunil Gunaratne yesterday (08) .
Kodagoda further said , owing to this lop sided judgment of Shahabdeen doubts have sprung up whether in the courts double standards are practised – one for those of the higher echelons of the SC , and another for others. This action can erode the faith people have in the judiciary , Kodagoda pinpointed.
The SC that accepted the arguments of Kodagoda instructed the registrar to call for the file pertaining to the case of Abrew from Mt.Lavinia Magistrate court .
The senior lawyer J.C. Weliamuna who appeared on behalf of the servant ,the victim said , in this case his client has not been named as respondent , and during the trial she has need to make submissions.
It was also revealed that this accused judge has faced similar charges over a period of time , but because of his political influence , he has successfully suppressed them , which fact all those in the court are fully aware. This revelation was made to rebut the claim made by Abrew that old cases are being referred to in order to take revenge on him.
Kodagoda in his submissions stated , Abrew must be treated as any other suspect under the penal code without special preferential treatment being accorded to him. This being a case that is attracting the maximum focus of the public , it must be heard attaching maximum transparency to it .Hence this case shall be heard before a full bench , Kodagoda requested.
The two judge bench concurred in this view and agreed that a five judge bench shall hear it.
When Manohara ,the lawyer for Abrew requested that the next date for trial to be fixed for 10 th , the lawyers for the other side said , they are agreed for any day other than the 10 th ,because on that day , Abrew’s bosom pals- judges ,Eva Wanasundara and Rohini Marasinghe two notorious Rajapakse stooges will be mounting the bench.The court accepting the argument fixed 14 th July as the next date for hearing.
Shibly Azeez on behalf of the Bar Association also made his submissions in this case.
Incidentally ,a most queer incident took place in this case . Tirantha Walaliyaddha , the lawyer (about whom Lanka e news reported earlier on as the lawyer who gave counsel to Abrew from behind the scene ) , appeared in court to watch Abrew’s case from behind . It was something startling to see this same lawyer appearing for another case later , without speaking in Abrew’s case. When he was asked on whose behalf he was appearing, Walaliyaddha turned pale.
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by (2015-07-09 10:23:28)
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