De Abrew case: SC calls for records

Published : 9:01 am  July 9, 2015 | No comments so far |  |  (727) reads | 

sarath-abrewBy S.S.Selvanayagam
The Supreme Court yesterday (8) directed the Registrar to call for the case records in the Magistrate’s Court of Mount Lavinia in the case bearing number B 2049/2015 wherein it was complained that the Supreme Court Judge Sarath Abrew assaulted his domestic helper.

The Bench comprising Justices Upaly Abeyrathne and Anil Goonerathne issued the order sequent to the impingement made by Additional Solicitor General Yasantha Kothagod that the learned Magistrate of Mount Lavinia had acted in partisan towards and in collusion with Justice Sarath de Abrew.

The Court listed the matter to be mentioned on July 14 before the Chief Justice to decide on the constitution of the Bench.
The Fundamental Rights petition filed by Justice Sarath de Abrew seeking inter alia an Interim Order to stay the proceedings in the Mount Lavinia Magistrate’s Court over a complaint that he assaulted a domestic helper was taken up before the Supreme Court.

President’s Counsel Manohara de Silva countered the allegation and retorted that the Attorney General was unfair and prejudicial towards the Petitioner Sarath de Abrew. He submitted that he want to amend the petition in view of the Magistrate’s Court order made thereafter and include that the facts that the Attorney General was unfair towards the Petitioner.


The Supreme Court yesterday (8) directed the Registrar to call for the case records in the Magistrate’s Court of Mount Lavinia in the case bearing number B 2049/2015 wherein it is complained that the Supreme Court Judge Sarath de Abrew allegedly assaulted his domestic helper.


J.C. Weliamuna appeared for the aggrieved domestic helper Mathotage Nilusha Damayanthi brought to the cognizance of the Court that the complainant in the Magistrate’s Court case against the Petitioner was not cited as the Respondent and contended that he be heard in the case.

He said that his complainant was harassed at gunpoint and the petitioner had distorted the facts. He went on that the petitioner tried to compel the complainant to withdraw the complaint, while she was in the hospital and he even offered to give her money to withdraw it.
He stated there was much of influence on the domestic servant by the petitioner and that the petitioner was abusing the process of law and the complainant was subjected to severe sexual harassment by the petitioner, who is a high judicial officer.

Additional Solicitor General Yasantha Kothagoda appeared with Senior State Counsels Mathawa Tennakoon and Dr. Avanti Perera told Court to permit him to mention about what transpired in the Magistrate’s Court of Mount Lavinia.
He said there is an order made by the learned Magistrate and the Magistrate has acted in partisan manner in favour of the Petitioner because the petitioner is a senior member of the judiciary.

He said that the Magistrate has even entertained the view that there was a separate rule applicable to it. He stated that the course of action adopted by the learned Magistrate was alien and imminent violation by suppression by the interested parties. He sought the court to call for the case record to see what transpired in the proceedings. Manohara de Silva objected that it was not the stage to examine the case record.

President’s Counsel Shibly Aziz appeared with M.A.Sumanthiran and Suren Fernando for the President of the Bar Association Jeffry Alagaratnam PC said that there must be an absolute transparency of all parties and rule of law and that it was a  public interest litigation.

Petitioner Justice Sarath Abrew cited Mount Lavinia Chief Inspector Chanaka Iddamalgoda, CID Chief Inspector Wanasinghe, CID Director B.R.S.R. Nagamulla, IGP N.K.Illangakoon, Colombo South General Hospital Director Asela Gunawardena and the Attorney General as Respondents.