Written by Zulfick Farzan
20 Nov, 2020 | 1:33 pm
Colombo (News 1st); The Court of Appeal on Friday (20) issued a writ order making void the indictments filed with the Kandy High Court by the Attorney General against Minister Janaka Bandara Tennakoon over a murder.
The order was issued by the President of the Court of Appeal A. H. M. D. Nawaz and Justice Sobitha Rajakaruna.
Janaka Bandara Tennakoon had filed a petition with the Court of Appeal citing that the Attorney General had filed indictments against him in 2015 at a time a case was already filed with the Kandy High Court with regard to the 1999 murder in Mahawela, Kandy.
Tennakoon in the petition added the 2015 indictments over the 1999 murder were filed based on political motives, adding the indictments were filed following a non-summary inquiry held at the Kandy Magistrate’s Court in his absence.
The Court of Appeal ruled it was illegal to conduct a non-summary magisterial inquiry in the absence of a suspect.
The Court of Appeal also ruled it was not legally binding to file indictments with the high court based on the said non-summary magisterial inquiry.
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