25 May, 2017

Minister Rishard Bathiudeen Apologizes To Court

Minister Rishard Bathiudeen, who intimidated the Manar Magistrate in 2012 October leading to the first ever strike in the Sri Lankan judiciary tendered an apology to the judiciary and the Magistrate of Mannaer.  After the attack, senior lawyers filed a contempt of court application in the Court of Appeal moving to deal with the Minister for Contempt.

Minister Bathiudeen

Minister Bathiudeen

When the contempt of court application came up before the Court of Appeal today, Faiz Mustapha appearing for the Minister tendered the apology. 

Romesh de Silva PC while setting out the terms of settlement in the Contempt of Court case against Minister Rishard Bathiudeen, paid special tribute to the senior lawyers who were the Petitioners in the case. He praised them for taking a bold step by giving their names to be Petitioners in this application amidst heavy pressure, in order to ensure the application of the Rule of Law and the protection of the independence of the judiciary.

In this case seven senior lawyers instituted proceedings against Minister Rishard Bathiudeen for contempt of court in respect of actions taken by him in Mannar.

When the case was taken up Faiz Mustafa PC raised a preliminary objection that Minister Rishard Bathiudeen does not have to plead to the charge of contempt. This objection was overruled by the Court of Appeal and the appeal made against the said order was dismissed by the Supreme Court. Accordingly Bathiudeen pleaded not guilty to the charge of Contempt of Court.

When the matter came up on the 14th March 2014 (yesterday), Bathiudeen admitted that his phone was used for abusive phone calls made to the Mannar Magistrate and apologized for it. Accordingly terms of settlement were entered and the said terms are set out in full below.

“…Whereas the Petitioners have filed this Application before Your Lordships’ Court solely in order to uphold the dignity and independence of the judiciary in the Republic of Sri Lanka;

AND Whereas this application by seven members of the Bar of Sri Lanka has received wide publicity and the support from the Bar and persons upholding the Rule of Law;

AND Whereas the level of publicity and support has amply and suitably demonstrates and conveyed the high regard and esteem enjoyed by the judiciary of Sri Lanka;

AND Whereas the Respondent regrets that the telephone registered under his name has been used to make the telephone calls which forms the subject matter of these proceedings and apologizes for the unauthorized use of the telephone in the said way;

AND Whereas the Respondent states that he has the highest respect for the members of the judiciary and condemns any act which violates the dignity and esteem of the judiciary or that which violates the independence of the judiciary and apologizes to the Honourable members of the judiciary for the telephone registered under his name being used to make the telephone calls that forms the subject matter of these proceedings;

AND Whereas the Respondent regrets the pain of mind if any caused to A. Judeson Esq, the then Honourable Magistrate of Mannar;

AND Whereas ,in the aforesaid circumstances, the Petitioners are satisfied that the objective of instituting these proceedings , namely to uphold the dignity and independence of the Judiciary have been fulfilled;

AND further whereas   the Respondent has subscribed to this motion to confirm the assurances given by him and whereas theAttorney-at-Law for the Respondent too has subscribed to this motion in confirming the assurances given by the Respondent, the Petitioners humbly move to terminate these proceedings…”

Romesh de Silva PC with Ikram Mohammed PC, Sanjeewa Jayawardena PC, Saliya Peiris, J C Weliamuna, Sugath Caldera, Shanaka Cooray, Eraj de Silva and Milhan Mohammed appeared for the Petitioners.

Faiz Mustafa PC with M M Zuhair PC and Hejaaz Hisbullah appeared for the party accused Minister Rishard Bathiudeen.

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Latest comments

  • 4
    1
    Good man!Court made him apologize and now people should demand his resignation.
    • 2
      0
      Resignation? Punished by a court is a badge of honour! He will do more now, as he does not fear the Court anymore!!!
  • 4
    0
    Will Citizen Perera also enjoy this facility to apologise after threatning a Magistrate as a thrada Minisiter did.Is this rascal Ministerial material for a country. Is it not patently clear that all are not equal before the law TODAY. Ruling party politicians most of them sub standard family members stooges and hangers on are above the law. The day is not far off when the laws of the jungle will take over.
  • 2
    0
    It was gracious of Senior Counsel Romesh de Silva, P.C. to make good reference to the senior lawyers who bravely withstood the intimidation of this utterly inefficient Minister, who went over the line with the assumed guarantee the Big Boss runs the country under his peculiar law “apey minissu api beraganda one-ne” – mindless impunity, if you like. I believe Mr. de Silva was more concerned with the future and interity of the legal process in the country – now under relentless attack. In any other country where the rule of law prevails this rowdy Minister’s trousers would have been removed, figuratively speaking, and he sent to political wilderness. But this is the Miracle of Asia, nedha? Horikadey
  • 2
    1
    Tendering apology at this critical hour is no excuse. He should have been convicted for indirectly terrorizing the Judicial Officer. He should be convicted and let this be a good lesson for other politicians. Some years back a High Court Judge in Colombo was murdered by the drug king Pottu Nauffer, just because he was refused bail. These unscrupulous characters are so timid because of their links with Al-Jihad.
    • 1
      2
      Racists try to turn everything into racism and they do not know that they are blinded by this racism.Labeling people like Pottu Nowfer as Jihadist is just letting out ones hatred filled heart against Muslims.Pottu Nowfer was a criminal just like other Pottus and Silvas and some politicos.
  • 1
    0
    This besuited thug, like many of the governing politicians, has escaped punishment. His blatant lie was exposed by his body language at the press conference – he squirmed like a worm. It is a shame that the muslim community has people of this poor calibre to represent them.
  • 1
    0
    Our entire legal system was insulted when this rotter was let go scott free on the asinine grounds someone else used his telephone. He and his expensive lawyers will use the same excuse when he shoots someone with his pistol. Even those marines won’t buy this lame one. Hooker
  • 0
    0
    What about the crime committed by Magistrate juedson who asked the police officers to shoot the innocent people by wearing the magisterial cloak.This fellow juedson is supporter of L.T.T.E AND supported by L.t..t.e Rayappujoseph.Why the law is different for a corrupt judge juedson.
  • 3
    0
    And who do you think will pay the legal fees for the bloody vultures defending this thug.Surely it will be poor you and me. Miracle of Asia.Ha, ha, ho, ho!
  • 0
    0
    The Joke is, the affidavit against the Minister says Minister ask Jsc to transfer the mAGISTRATE jUEDSON, already magistrate was transfered to Klamunai is a punishment transfer.Now the minister did not appologise but only regret.What a joke in the judiciary, Juedson was crying in his farewell party.
  • 4
    0
    When is this thug going to apologize for supporting his brothers illegal racket of exporting geckos which are protected under the flora & fauna act?
  • 1
    0
    He should be jailed for contempt of law and order,There should be no exception-Jail him to teach all those high and mighty in power
  • 1
    0
    This bastard should have been jailed as SB, the other rascal, had been. But then the synthetic CJ is in control acting as agent for a corrupt regime. Whom to tell to?

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