Despite media reports, no date has yet been fixed for the Permanent High Court at Bar to commence hearings into major cases of corruption and financial crime, while authoritative sources told the Sunday Observer that sittings may not begin for up to a month.
Delays are over practical issues including the failure to appoint a permanent registrar for the new court. Currently the registrar of the Civil Appellate Court of Colombo has been temporarily allocated to the office of the Special High Courts.
The High court specially created to try cases of bribery, criminal breach of trust, misappropriation, money laundering, terrorist financing, organised crime and offences against public property was scheduled to be opened during the first week of July.
Minister of Justice and Prison Reforms, Thalatha Athukorale said the Ministry has concluded its work and handed over possession of the building to the Judicial Service Commission (JSC).
“We started renovations of the building back in May and the Navy was entrusted with the work. They managed to complete everything within a short span of six months,” the Minister said. But according to a member of the Parliamentary Oversight Committee on Legal Affairs and Anti-Corruption, an organised approach to getting the court off the ground was lacking.
“Only one court was gazetted according to section 12 of the Judicature Act whereas it was imperative that all three courts should start simultaneously. After cabinet approval was given for the establishment of this court Finance Minister Mangala Samaraweera said he would ensure funds were made available. Reasons for these delays are unfounded and has no basis,” the Committee member said. There were fears that these delaying tactics would ensure that the court would not have sufficient time to conclude any trials during the tenure of the current Government, the member said.
Concerns have also been raised that so far only the matter of former President’s Chief of Staff Gamini Senerath has been sanctioned by the Chief Justice for indictment. Previously Sunday Observer reported quoting Financial Crimes Investigation Department (FCID) sources that over 100 cases have been forwarded to the Attorney General’s Department, of which 15 cases have been instituted in the High Courts. The remainder will be taken up at the Corruption Court or the Permanent High Court at Bar, after it is sanctioned by the Chief Justice.
When inquired, Attorney General Jayantha Jayasuriya told the Sunday Observer that they have so far only managed to send Gamini Senerath’s file, to the Chief Justice which the Chief Justice has already sanctioned.