Contempt charge against Minister fixed for December 6

The contempt of court charges against Minister Rishard Bathuideen for allegedly threatening the Mannar Magistrate in July last year has been fixed for inquiry by the Court of Appeal for December 6.

The inquiry was fixed after the Supreme Court dismissed on September 17, an appeal by Minister Bathuideen against the Appeal Court decision to overrule his objections and to proceed with the contempt of court proceedings against him.

The lawyers for the Minister moved to withdraw the appeal in the Supreme Court when the court had cautioned the minister would have to pay heavy costs to the party who initiated the contempt proceedings if he could not succeed in his present appeal.

The court also noted that the judges and the courts should not be threatened.

Minister Bathuideen appealed against the Appeal Court decision that overruled in September last year, three of his preliminary objections to the contempt charges.

Overruling the preliminary objection that there is no material evidence to prove the charges but only hearsay evidence, the judge noted that it was a matter to be decided during the trial.

Overruling the second objection that the senior lawyers could not have initiated the contempt proceedings in the public interest, the court held that any citizen could complain of any act which is in contempt of court.

Overruling the third preliminary objection, the court held that the charges against the Minister were not vague. The court having overruled the charges read them out in open court and the Minister pleaded not guilty.

The Bench comprised Justices Sarath de Abrewand Chandra Jayaratne.

President’s Counsel Geoffrey Alagaratnam, Dr. Sunil F. Cooray, Lal Wijeyanayake, Chandrapala Kumarage, Mannar Bar Association President E.C Feldano, Galle Bar Association President Nalani Kamalika Manatunga and President’s Counsel A.S.M Perera filed the charges against the Minister calling for punishing the respondent Minister Bathuideen for allegedly threatening the Mannar Magistrate on July 18, 2012.