Appeal Court rejects Johnston's petition seeking to prevent his arrest

COLOMBO (News 1st); Sri Lanka's Court of Appeal rejected a writ application filed by Parliamentarian Johnston Fernando on Tuesday (21), who was seeking an order to prevent his arrest.

The Court of Appeal while dismissing the application said that no warrant had been issued by the Magistrate's Court to arrest the petitioner, at the time the application was filed with the court.

It added that the it is not reasonable for the petitioner to raise an argument that he was unaware of any suspicion against him on a possible crime.

The Court of Appeal is of the view that the Magistrate is the best person to assay the said speech made by the petitioner at Temple Trees, to arrive at a decision to as to whether the petitioner had committed an offense.

The Court of Appeal noted that there is no reason to interfere in to the prosecutorial discretion of the Attorney General in this case as there is no blatant error made by the Attorney General in his decisions and prima facie, no evidence is available to show that he has exceeded his powers.

In the circumstances, the Court of Appeal said it is of the view that it is not possible for this Court to arrive at a decision that the Petitioner has satisfied the minimum threshold requirement which warrants this Court to issue formal notice of this application to Respondents, and thus refused the application of the Petitioner for notice.

On 09.06.2022, Court has directed the Petitioner to surrender before the learned 

Magistrate of the Fort Magistrate’s Court before 8.00 pm on the same day, and the Petitioner has surrendered complying to the said order of this Court.

However, the Petitioner surrendering to Court on 09.06.2022 cannot be considered as a voluntary surrender and the Petitioner has surrendered in compliance to an order of the Court of Appeal.

The Court of Appeal is of the view that the learned Magistrate should make fresh orders, according to law, when the Petitioner appears before the learned Magistrate or when he is being brought before the Magistrate in due course.

Johnston Fernando surrendered to Fort Magistrate Thilina Gamage at the Magistrate's residence as per the order made by the Court of Appeal on the 9th of June.

He was released on two personal bails of Rs. 10 Million each, and was barred from traveling overseas.

The Magistrate ordered the MP to appear at the CID to provide a statement, on a day determined by the CID.