CA Raviraj’s Wife ISSUES revision application: NOTICES ON ACQUITTED RESPONDENTS

Satisfied with the submission made by the Counsel for the Spouse of slain TNA MP Nadarajah Raviraj, the Court of Appeal on Tuesday (21) issued notices on the Respondents returnable for February 28.

The Bench comprised Justices H.C.J. Madawala and L.T.B. Dehideniya.

In the revision application the aggrieved party/victim Petitioner Sasikala Raviraj is seeking the Court to revise and set aside the Order of the High Court Judge allowing the request of the accused in the case to be tried before a Jury as well as his verdict of acquittal.

Counsel for the accused made an application to the HC that the accused be tried by a Sinhala speaking Jury

She is also seeking the Court to find the accused guilty of all or several of the offences charged and the passing of sentence on them according to law.

She is asking the Court to otherwise order a re-trial by a Judge of High Court without a Jury.

She cited the accused Palanisami Suresh alias Sami and Naval officers Chandana Kumara alias Sampath, Gamini Seneviratne, Pradeep Chaminda alias Vajira along with S.vivekananthan alias Charan and Fabian Roiston Tusen as Accused-respondents and the Attorney General.

M.A. Sumanthiran with Niran Anketell instructed by Moahan Balendra appeared for the aggrieved party/victim Petitioner.

Petitioner states that 1st, 5th and 6th accused were not arraigned before the Court while the 1st accused was said to be deceased and 5th and 6th accused were said to be absconding.

She states that Raviraj and one other person were assassinated on 10th November 2006.

The AG filed indictment against the accused and when the case was taken up prior to trial, the Counsel for the accused made an application to the High Court that the accused be tried by a Sinhala speaking Jury. Counsel objected to the said application and Written Submissions were made, she states.

She states that the High Court Judge, on 23rd December 2016, made order overruling the objection of the Petitioner and allowing a trial by a special jury.

After the Jury’s deliberations, on 24th December 2016, the Jury returned a verdict of not guilty in respect of all accused for all charges in the indictment, she states.