In a first, sitting SC Judge gives evidence in court case

For the first time in the country’s history, a sitting Supreme Court (SC) Judge gave evidence as a witness and was crossed examined by the Defence, during an inquiry held last week, before a 3-Judge Bench of the SC, comprising Justices Sisira de Abrew, Nalin Perera and Prasanna Jayawardena.

The momentous occasion was when SC Justice Viji th Malalgoda was a witness to a SC inquiry into its Rule Order issued on Attorney- at- Law Nagananda Kodithuwakku, for Contempt of Court.

The SC Rule Order on Attorney-at-Law Kodithuwakku was in response to a statement made by him at the Court of Appeal (CoA), where he is alleged to have alluded that the Judiciary and Judges were corrupt and not trustworthy and honest.

During the inquiry, Justice Malalgoda's evidence was led by Acting Attorney General ( AG) Dappula de Livera. Defendant Kodithuwakku, represented himself and cross examined the witness, Justice Malalgoda.

The incident for the inquiry had allegedly occurred on May 21, 2015, during a case taken up before then President of the CoA, Justice Vijith Malalgoda and Justice S. Madawala, with the Sri Lanka Customs ( SLC) as Respondent. Attorney- at- Law Kodithuwakku, who appeared for the complainant, had requested the case be transferred to a different court, on the grounds that it involved large sums of money relevant to the SLC. A complaint was later lodged at the SC against Mr Kodithuwakku, alleging he had insulted the Judges and the Court while making the request.

After considering the matter, the Chief Justice had issued a Rule Order on Mr Kodithuwakku and ordered an inquiry.

Justice Malalgoda related the incident, and his evidence was backed by Senior Deputy Solicitor General ( SG) Milinda Gunathilake, CoA Registrar Sanath Pinnaduwa and SC Registrar Pradeep Fernando, who had all been present at the CoA that day.

Representing himself, Attorney-at-Law Kodithuwakku, following his cross examination of all the witnesses, told court, in his evidence, he had no intention to insult the Judiciary. He was then cross examined in turn.

The Bench then ordered the Acting AG, the Respondent and the Bar Association of Sri Lanka (BASL) to make oral submissions in relation to the incident.

Additional SG Priyantha Nawana, P.C., Deputy SG Viveka Siriwardena and State Counsel Hashini Opatha appeared with Acting AG Dappula de Livera for the Prosecution.

Rohan Sahabandu P.C and M. Ali Sabry P.C. appeared for the BASL.