The Colombo High Court has dismissed the preliminary objections raised by the eight accused, who are facing criminal charges for the pollution caused by the X-Press Pearl disaster. Dismissing the preliminary objections of the accused, who argued that the Attorney General had no power to continue the criminal case filed under the Marine Pollution Prevention [...]

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X-Press Pearl disaster: Court rejects preliminary objections by the accused

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The Colombo High Court has dismissed the preliminary objections raised by the eight accused, who are facing criminal charges for the pollution caused by the X-Press Pearl disaster.

Dismissing the preliminary objections of the accused, who argued that the Attorney General had no power to continue the criminal case filed under the Marine Pollution Prevention Act, Colombo High Court Judge Damith Thotawatte ruled that the trial should proceed.

Deputy Solicitor General Madhawa Tennakoon requested the court take up the trial as expeditiously as possible given the public outcry over the incident, the loss caused to the fishing community, and the prolonged stay of Vitaly Tyutkalo, the Russian captain of the stricken vessel.

However, the counsel for Captain Tyutkalo, the first accused, told court that as he had a valid visa to remain in Sri Lanka till the end of April 2024, the trial could be fixed for a date in January next year. The lawyers for the accused were not in agreement with holding the trial this year.

Taking the matter into consideration, High Court Judge Thotawatte fixed the trial date for January 12.

Aside from Captain Tyutkalo, the other accused in the case are: the ship’s local agent, Sea Consortium Lanka (Pvt) Ltd., Arjuna Indrajith Hettiarachchi, Devinda Hettiarachchi, Malinda Hettiarachchi, Aminda Hettiarachchi, Panduka Weerasekara, and Sanjeewa Lakpriya Samaranayaka.

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