A 2-member Bench of the Court of Appeal (CoA) comprising its President Justice Preethi Padman Surasena and Judge Shiran Gunaratne, on Friday, refused Ven. Galagodatthe Gnanasara‘s application for leave to proceed with the appeal against the sentence handed down to him in a Contempt of Court (CoC) case, saying there were no substantive facts to [...]

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CoA refuses Gnanasara Thera’s appeal against Contempt of Court conviction

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A 2-member Bench of the Court of Appeal (CoA) comprising its President Justice Preethi Padman Surasena and Judge Shiran Gunaratne, on Friday, refused Ven. Galagodatthe Gnanasara‘s application for leave to proceed with the appeal against the sentence handed down to him in a Contempt of Court (CoC) case, saying there were no substantive facts to support the application.

In mid-August, Gnanasara Thera was found guilty on all 4 counts, including acting in CoC and intimidating the Homagama Magistrate and an official of the Attorney General’s Dept, and was sentenced to 6 years RI.

Rienzie Arsecularatne P.C., appearing for Gnanasara Thera, said the charge sheet filed against his client is wrongful and contrary to law, and the sentence excessive.
Counsel Arseculratne argued that former Minister S.B. Dissanayaka who was found guilty of CoC by the Supreme Court, was sentenced to only two years by the Chief Justice. In this case, Gnanasara Thera has been charged on four separate counts and sentenced to 19 years of RI. Only one charge sheet should have been filed, but what has been done in this instance is contrary to Law. He added that the Thera had acted so in defence of members of the Armed forces and not for personal gain.
Due to these reasons, Mr.Arseculartne sought permission from the CoA to file an appeal in the SC.

Senior Deputy Solicitor General Rohanta Abeysuriya, appearing for the Attorney General, said that, in the case of former Minister S.B. Dissanayake, he had insulted the Court outside the court premises, but in the case of Gnanasara Thera, he had acted in CoC inside the premises.

He said what the Court has to consider is his actions, not his motives. The Thera has not denied his actions and, hence, there are no facts to allow an appeal to proceed. The CoA last month held there was overwhelming evidence against Gnanasara Thera, which proved beyond reasonable doubt, that his conduct before the Homagama Magistrate, had been with the deliberate intention to intimidate the Magistrate, in order to obtain an order he desired.

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