The Court of Appeal yesterday issued an Interim Order staying the proceedings of the Jaffna High Court in respect of the death of an Old Boy of St. Patrick’s College at the annual big match between Jaffna College and St. Patrick’s College.
The bench comprising Justices L.T.B. Dehideniya and A.L.S. Gooneratne issued this interim order operative until the final determination of the petition filed by one of the accused, Sivasanmuganathan Mathushan of Chulipuram in Jaffna.
The petitioner is seeking the Court of Appeal to transfer the proceedings of the said case to another Court or another judge of the High Court.
The petitioner states that this application for transfer is being made only after it became apparent that a fair and impartial trial cannot be held before the incumbent Jaffna High Court Judge M. Ilancheliyan. He claims so inasmuch as the High Court Judge’s comments on 2 February 2017 and his refusal and unwillingness to ensure the right of the accused to a fair trial indicates that he has prejudged the case and is biased against one or more of the accused including the petitioner and is otherwise inclined on account of collateral reasons to deprive one or more of the accused of a fair and impartial trial.
The first accused-petitioner Mathushan cited the Attorney General as a complainant respondent and Indraseelan Pirunthapan, Ramesh Bendilharan, Nesaratnam Gejendran, Nagaraja Kantharuban, all of Vaddukoddai and Sundaralingam Prakash of Chulipuram, as accused-respondents.
M.A. Sumanthiran PC, with Niran Anketell instructed by Shanthi R.M. Silva, appeared for the first accused-petitioner.