Court of Appeal Dismisses Dilith Jayaweera Petition Without Hearing

The Court of Appeal today (30) dismissed, without taking up for hearing, a writ petition filed by Sarvajana Balaya leader and Parliamentarian Dilith Jayaweera challenging a finding made by the Colombo Fort Magistrate in relation to an alleged contempt of court matter.

However, the three-member bench clarified that the dismissal does not affect Jayaweera’s position that he did not commit contempt of court in the main proceedings.

The ruling was delivered by a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justices Chamath Morais and Aditya Patabendige.

In delivering the order, Justice Abeysooriya explained that the finding forwarded by the Magistrate to the Court of Appeal does not amount to a final determination. He said the Court of Appeal would first consider the Magistrate’s finding and issue summons to the respondents only if the court determines that there is a prima facie basis to proceed.

The bench also determined that the Magistrate had the authority to make such a finding under the Contempt of Courts Act, No. 8 of 2024.

Accordingly, the petition was dismissed on the basis that it did not, on the face of the petition, establish sufficient grounds to proceed with a case.

Complaint Against Former Ministers Taken Up

The Court of Appeal also considered today a contempt of court complaint submitted by the Colombo Fort Magistrate’s Court against former ministers Wimal Weerawansa and Udaya Gammanpila and several others.

Senior Presidential Counsels Ali Sabry, Manohara de Silva and V.K. Choksy, appearing on behalf of Weerawansa, Gammanpila, Asanga Nawaratne, Mahinda Pathirana, Sugeeshwara Bandara and Dilith Jayaweera, submitted that the Magistrate’s complaint seeking the issuance of summons did not establish a prima facie case against their clients.

The counsel further requested that the respondents be allowed to make their submissions before the Court of Appeal reaches a decision on the Magistrate’s finding.

Deputy Solicitor General Janaka Bandara, representing the Attorney General, told the court that he would assist in the proceedings.

Following consideration of the submissions, the bench directed the Registrar of the Court of Appeal to obtain and place before the court all unedited video footage relevant to the matter ahead of the next hearing.

The complaint was subsequently scheduled to be heard again on October 7.