The Civil High Court has denied the request for an appeal from former Member of Parliament for the Social Democratic Liberal Party, Salote Radrodro. This decision was made by High Court Judge Justice Deepthi Amarantunga earlier this month.
Justice Amarantunga stated that the applicant was found guilty following a trial based on the evidence presented to the Court. He noted that the claim of a denied fair trial stemmed from the transfer of the case from the Magistrate’s Court to this Court’s division. Justice Amarantunga emphasized that the merits of this allegation can be appropriately addressed in an appeal to the Court of Appeal, as seeking Constitutional Redress is not suitable for such matters given considerations of efficiency, consistency, and fairness. He indicated that granting leave to appeal against the strike out would be an abuse of process based on the reasons provided.
In the background of this case, the application sought leave to appeal from a preliminary decision that struck out the action for Constitutional Redress due to alleged abuse of process. The applicant faced charges in the Magistrates Court, and the case was subsequently moved to a division of this Court. The applicant contested the transfer and the resultant decision was upheld in prior appeals, with no further appeals made thereafter.
During the proceedings, it was argued that the applicant was pursuing Constitutional Redress based on an alleged denial of the right to a fair trial since her trial could not proceed before a Resident-Magistrate. The issue of fair trial denial related to the transfer of the case is also a basis for appeal in the Court of Appeal.
Ultimately, the High Court ruled against Radrodro’s request for Leave to Appeal, with no order issued regarding costs.