SC to be moved on basis of CA judge’s dissenting views

Diana’s citizenship issue : petitioner questions UK’s response to CID’s request for assistance

Civil society activist Oshala Herath yesterday (05) said he would move the Supreme Court soon against the dismissal of a case seeking disqualification of SJB MP Diana Gamage over a citizenship issue.The Court of Appeal dismissed the case filed by the defeated Colombo district UNP candidate, in a majority decision last week. Justice K.K.A.V. Swarnadhipathi agreed with the President of the Court of Appeal Nissanka Bandula Karunarathna to dismiss the case, whereas Justice M.A. R. Marikkar offered a different opinion.

Justice Marikkar stated that the petitioner had produced sufficient material to show that State Minister Gamage had not secured Sri Lankan citizenship and/or renounced her British citizenship. As against the documents and the material produced by the petitioner, the State Minister had failed to prove that she was a citizen of Sri Lanka, Justice Marikkar stressed.

The SJB accommodated Gamage on its National List (NL) following the last general election. She is one of the seven SJB NL members who have switched their allegiance to President Ranil Wickremesinghe.

Justice Marikkar has pointed out that it was the duty of the State Minister to prove her citizenship rather than challenging the petitioner’s position. He stressed that the petitioner had proved a prima facie case against the State Minister, and as such, he could not agree with the decision of the CA President.

Herath told The Island that he would appeal to the Supreme Court primarily on the basis of dissenting views expressed by Justice Marikkar.

Herath said that the British government had declined to assist relevant authorities in ascertaining the State Minister’s citizenship. Referring to a document submitted to court by the Criminal Investigation Department (CID) in March this year, Herath said that the law enforcement authorities through the Justice Ministry and Foreign Ministry had sought the UK’s assistance in terms of bilatral agreement in this regard but failed at least to receive a response. (SF)