Supreme Court Affirms The Judgment Against Associated News Papers Of Ceylon LTD (ANCL) Granting RS. 500 Million Damages In Favour Of Dr. Wijedasa Rajapakshe P.C.

COLOMBO(News 1st); ANCL filed a Leave to Appeal Application to set aside the Judgment delivered in favour of Dr. Wijedasa Rajapakshe P.C., awarding Rs. 500 million in damages by the District Court and also affirming the said order by the High Court of Civil Appeal granting Rs. 500 million damages based on a defamation Article published in Silumina News Paper against Dr. Wijedasa Rajapakshe, P.C.

When the above Leave to Appeal Application came up before his Lordship, Hon. Janak De Silva J, His Lordship Hon. Achala Wengappuli J, and His Lordship Hon. Sobitha Rajakaruna J unanimously refused to grant leave against the Order made by the High Court of Civil Appeal affirming the order of the District Court granting Rs. 500 million damages in favour of Dr. Wijedasa Rajapakshe P.C.

The Colombo Additional District Judge Hon. T.D.Gunasekera awarded Rs 500 million in the year 2011 to President's counsel Wijeyadasa Rajapakse in a defamatory litigation against the Associated Newspapers of Ceylon Ltd., known as Lake House and the Chief Editor of "Silumina" weekly Karunadasa Suriyaarachchi.

The Court awarded the compensation for the damages caused to Wijeyadasa Rajapakse PC in an article published on November 18, 2007 under the heading "Wijeyadasa left in lurch in his dreams of becoming Chief Justice which per se allegedly amounts to defamatory of him.

The Plaintiff Wijeyadasa Rajapakse was a Member of Parliament. He was a Cabinet Minister. He had been the Chair of COPE and was the Managing Director of Associated Newspaper of Ceylon itself. He was the Chairman of the Press Council and was a director of Rupavahini Corporation and a Director of Film Corporation.

He was a member of the Law Commission and the Vice President of the World Press Conference. He was a recipient of TOYP Award. He was also awarded LMD Sri Lankan of the Year 2007 and at present he was in the UNP working committee and Chief Organizer of Maharagama Electorate. 

He has written number of books and he is the Author of large volume of Law Books and also the Author of various other subjects.

The Defamation suit was filed by Mr. Wijeyadasa Rajapakse P.C against ANCL and its Chief Editor.

While giving evidence in the District Court, the Plaintiff Wijeyadasa Rajapakse tendered an affidavit to the court and marked number of documents and among the said documents to prove the damages suffered by him - six affidavits were tendered namely the affidavits of Karu Jayasuriya, M.P. Rev. Maduluwawe Sobitha Thero Chief incumbent of Nagavihare Kotte, Rev. Banagala Upatissa Thero President of Sri Mahabodhi Society India & Rev. Thiniyawala Palitha Thero Chief incumbent of Nalandarama Temple Nugegoda.

Plaintiff Wijeyadasa Rajapakse stated he crossed over to the opposition on November 4, 2007 from the ruling party and 14 days after the crossing over, the impugned defamatory article was published. He resented as he and his family, children suffered damages and more particularly he suffered damages as a person, as a professional, as a politician due to the said publication.

Court came to the conclusion that the language used in the said article was a very low standard of journalism and same has been written with express malice and with the intention to defame the unblemished character of Plaintiff Wijeyadasa Rajapakse PC as a person, as a professional and as a politician and awarded damages as prayed for in the Plaint for a sum of Rs.500 million together with Interest and cost.

Kuvera De Zoysa, P.C., with Sajana De Zoysa and Randeewari Arangala instructed by G.G. Arulpragasam, Senior Instructing Attorney appeared for Dr. Wijedasa Rajapakshe P.C. in the Supreme Court.

Mr. Faiz Musthapha, P.C., appeared for the ANCL.

Dr. Romesh De Silva P.C., with Sugath Cladera, instructed by G.G. Arulpragasam, Senior Instructing Attorney appeared for Dr. Wijedasa Rajapaksha in the District Court as well in the High Court of Civil Appeal.