CONTEMPT OF COURT, ACCUSED DISREGARDS THE LAW, PROSECUTION DISREGARDS COMPLAINANTS

– By Sadhana Vikram –

The Daily News on 2012.02.01 reported a news item. The following news item appeared as follows:

Accused warned over broken promise

Colombo Fort Magistrate and Additional District Judge W K Damith Wijeratne yesterday severely warned an accused who appeared before court not to disobey the undertaken given to court and that he should abide by the undertaking given to court, in a criminal breach of trust case.

The judge also said that the accused should keep to his word. If the accused signed the record to settle the matter before court, he should not deviate from the orders before courts.

The accused is charged with criminal breach of trust of Rs four million from Jayakumar Kathirgamatamby of Sharjah, United Arab Emirates.At the outset Sudarshini Gunaratne, counsel for the accused submitted to court that her client is prepared to settle the matter and move for a long date to pay the first instalment.

Sarath Siriwardena, senior counsel for the complainant who appeared with Attorney Shiraz Noordeen, submitted to court that the accused had agreed to settle and pay the first instalment on the last occasion but he did not come to court. Counsel Siriwardena said that his client Ramani Kathirgamatamby, wife of the complainant Jayakumar, had come to Sri Lanka on several occasions in connection with the case and had spent a lot of money on travelling from Dubai to Sri Lanka. The accused had not kept to his promises.

The accused agreed to pay Rs two million on April 24 and thereafter to pay Rs 100,000 every month until the full payment is settled. Accordingly, the judge granted time till April 24 to pay the first instalment of Rs 2 million and put off the case for that date.

When the case was called today in the Fort Magistrate’s Court, Counsel for the accused Sudarshini Guneratne informed Court that her client Suren Thillainathan-the accused, a permanent resident of Colombo was on a business tour in Vavuniya and moved for a date. The case was postponed for 8th of May 2012. A call given by Intelligence to Suren Thillainathan proved that the accused was in Mt.Lavinia according to the cellular mobile network Tower. The same judge had warned the accused earlier but scant regard was given to the complainants who came all the way from Dubai for the case. The facts speak for themselves as to the great injustice done to the complainants as the accused has deliberately disrespected Court and committed contempt of Court. It’s a very sad state of affairs and the Attorney General has now been notified by the Complainants who made an appeal to the Attorney General by the gross irregularities in today’s hearing for justice must not only be done but seen to be done and not flagrantly violated.

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