High Court overrules arrest order issued by Bandarawela Magistrate Court on Foxhill organisers
The Badulla High Court has stayed an order issued by the Bandarawela Magistrate’s Court to arrest the organisers of the Foxhill Super Cross event, which claimed the lives of eight people and injured a further 19 in 2024, and to produce them before court.
The stay order was issued by High Court Judge Mahinda Liyanagama after considering a revision application filed by former President of the Sri Lanka Automobile Association, Ashhar Hameem, and former Secretary, Shehan de Thisera. Earlier, Bandarawela Magistrate had ordered the arrest of all responsible parties from both Sri Lanka Automobile Sports and the Sri Lanka Army Military Academy, directing that they be produced before court.
The Magistrate made this ruling after finding that the event organisers had fundamentally failed to implement adequate safety measures to protect spectators at the race. He also instructed the Police to carry out a comprehensive investigation into the circumstances that led to the tragic incident.
Appearing for the petitioners, Anuja Premaratne PC, on the instructions of Sudath Jayawardena, AAL, submitted that the Magistrate’s order had been made without a proper understanding of the facts.
Deputy Solicitor General Prasanna Bandara with State Counsel Oswald Lakshan Perera appearing on behalf of the Attorney General, stated that the deaths could not be determined as a criminal offence and said they did not agree with the Magistrate’s decision.
After considering the submissions, Judge Liyanagama ordered a stay on the arrest warrants and to file objections on January 19. Meanwhile, although two fact-finding committees were appointed—one by the Sri Lanka Automobile Association, headed by Chandana Liyanapatabandi PC, and the other by the Sri Lanka Army—no findings have been made public. The Liyanapatabandi committee has reportedly remained non-functional due to a lack of facilities to carry out its work.