De Abrew refused Leave to Proceed | Daily News

De Abrew refused Leave to Proceed

 

Update: Colombo High court indicated and released Justice Sarath de Abrew on bail today (12) over the case of sexual abuse against a servant.

The Supreme Court yesterday refused to grant Leave to Proceed with a Fundamental Rights petition filed by former Supreme Court Judge Sarath de Abrew challenging the Attorney General's decision to indict him in the High Courts.

While refusing to grant Leave to Proceed with the petition, the Supreme Court three-judge Bench comprising Chief Justice K. Sripavan, Justice Priyantha Jayawardena and Justice Upali Abeyratne ruled that the Attorney General (AG) had not acted in an arbitrary manner when filing indictments against the petitioner.

The Supreme Court further observed that the AG had not exceeded his powers and justified his decision to file indictments against the petitioner for allegedly committing grave sexual abuse on a domestic aide on or around June 26 last year, under Section 365 B of the Penal Code. The Supreme Court maintained that the Court made this order after perusing the Attorney General's files, minutes and statements relating to the entire incident and observed that the AG had not exceeded his powers and acted in an arbitrary manner.

In his petition, Abrew alleged that there was no due process followed and the statement of the witnesses of the petitioner was not recorded. The Court further observed that calling of defence witnesses could be done during the High Court Trial if required.

In this petition Justice Abrew cited Headquarters Inspector of Mount Lavinia Chanaka Iddamalgoda, Chief Inspector CID's Murder Investigations Unit Wanasinghe, CID Director Nagahamulla, IGP, OIC Public Complaints Unit Karunatilleka, ASP CID C.W. Wickremasekara and the Attorney General as respondents.

The Attorney General earlier filed an indictment in the Colombo High Court against Justice Abrew for allegedly committing grave sexual abuse on a domestic aide on or around June 26 this year. The indictment was filed on two counts, for committing grave sexual abuse, which comes under Section 365 B of the Penal Code. This is the first time a sitting Supreme Court judge had been indicted in the High Court on a criminal charge.

Meanwhile, the Attorney General has also recommended that separate legal action be instituted in the Mount Lavinia Chief Magistrate's Court under Section 314 of the Penal Code against Abrew for voluntarily causing hurt to the domestic aide.

Additional Solicitor General Yasantha Kodagoda with Senior State Counsel Janaka Bandara appeared for the AG. President's Counsel Manohara de Silva appeared for the petitioner. Senior Counsel J.C. Weliamuna with Pulasthi Hewamanna appeared for the aggrieved party. 


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