The Civil High Court has denied the request for an appeal from Salote Radrodro, a former Member of Parliament for the Social Democratic Liberal Party. The case was presented earlier this month before High Court Judge Justice Deepthi Amarantunga.
Justice Amarantunga noted that Radrodro had been convicted following a trial that was based on evidence submitted to the Court. He addressed claims regarding the denial of a fair trial, which were centered on the transfer of the case from the Magistrate’s Court to a division of the High Court. The Judge stated that any merit in these claims could be appropriately assessed by the Court of Appeal, emphasizing that the Constitutional Redress process was not suitable for this kind of issue due to concerns about efficiency, consistency, and fairness. He further indicated that granting leave to appeal against the strikeout would be an abuse of the process.
This case involved Radrodro’s application for leave to appeal against an interlocutory decision that dismissed her request for Constitutional Redress due to alleged abuse of process. Initially charged in the Magistrates Court, her case was moved to a different division of the High Court. Radrodro contested the transfer, and while an appeal was made, it was unsuccessful and no further appeals were pursued.
The Court acknowledged that Radrodro sought Constitutional Redress based on claims that her right to a fair trial was violated, as her trial could not proceed before a Resident Magistrate. This concern about the transfer of her case from one court to another remains a point of appeal in the Court of Appeal.
Nevertheless, the High Court ultimately refused Radrodro’s request for Leave to Appeal and made no order regarding costs.