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| Sunday, 5 October 2003 |
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Clifford Ratwatte's case against Thilanga Sumathipala dismissed : Sumathipala counter claims Rs. 500 million The case filed by Clifford Ratwatte on April 5, 1999 against the then President of the Cricket Board Thilanga Sumathipala and other elected members of the Executive Committee was dismissed on July 17, 2003 and ex-parte trial ordered by the Addl. District Judge. L. U. Jayasuriya on the claims in reconvention made by Thilanga Sumathipala and certain other defendants from Clifford Ratwatte. When the ex-parte trial came up for hearing on September 8, 2003, the Addl. District Judge ordered that evidence be tendered to court through affidavits by October 23, 2003. Thilanga Sumathipala in his claim in reconvention has claimed from Clifford Ratwatte damages in a sum of Rs. 500,000,000, whilst certain other defendants had claimed damages in a sum of Rs. 50,000,000 each. In addition, declarations have been sought from court, that Clifford Ratwatte had acted maliciously and spitefully to cause injury and damage to Thilanga Sumathipala and the other defendants, and that Ratwatte's conduct and actions make him to be a person not fit and proper to hold any office or position of the Cricket Board or in any member of the Board. Clifford Ratwatte filed the above case immediately consequent to the Cricket Board Elections held on March 28, 1999, whereat Thilanga Sumathipala was elected president with 79 votes, Clifford Ratwatte polling only 11 votes. Pending the trial the then District Judge had issued an interim injunction preventing Thilanga Sumathipala and other elected defendant Executive Members from holding office. Subsequently on January 2, 2003 on an application made by Thilanga Sumathipala and those others under section 666 of the Civil Procedure Code, the District Court vacated the interim injunction holding that the interim injunction, which arose from the purported cause of action was only in respect of the elections to the Cricket Board held on March 28, 1999. On the same day January 2, 2003 the District Court also recalled summons that had been issued on an alleged contempt of court application that had been made by Clifford Ratwatte against Thilanga Sumathipala and the other defendants. Sumathipala and the other defendants in their claim in reconventions have set out the injury caused to them, which include a further Case No. 5655/Spl filed in the following year by another person through the same President's Counsel and attorney-at-law, who appeared for Clifford Ratwatte, with a further Case No. 604/2000 also filed at the same time in the Court of Appeal by the same person through the same counsel and attorney-at-law. Both the District Court and the Court of Appeal in June 2000 had refused to grant Interim Orders. Thilanga Sumathipala states in his claim in reconvention that Clifford Ratwatte through his attorney-at-law, G. G. Arulpragasam, relying on the above D.C. Colombo Case No. 5305/Spl had made representations to the International Cricket Council in London on June 22, 2000 attempting to prevent Sumathipala from participating at the ICC meetings and thereby causing injury and damage to his name, standing and reputation, both in Sri Lanka and abroad, in addition to causing unwarranted humiliation to the country at an international fora. Thilanga Sumathipala states Clifford Ratwatte had made further representations thereafter to the Ministry of Sports on December 29, 2000 endeavouring to prevent Sumathipala was contesting for the post of President of the Cricket Board for the ensuing year 2001/2002, and that the Attorney General by letter dated January 4, 2001 had opined that there is no order from court preventing Thilanga Sumathipala seeking election to the office of President of the Cricket Board in the ensuing year. In the claims in reconvention, Sumathipala states that he through his attorneys-at-law had addressed letters dated June 22, 2000 and February 1, 2001 refuting the allegations made by the Clifford Ratwatte and by his attorney-at-law, G. G. Arulpragasam, but that they had failed to respond thereto thereby evading dealing with the specific matters contained therein. Thilanga Sumathipala further states that having dismally failed to achieve his objectives of preventing the membership electing Thilanga Sumathipala as President of the Cricket Board, Clifford Ratwatte had been instrumental in causing the Cricket Board to be dissolved in March 29, 2001, and that thereafter on March 28, 2003 the order for dissolution had been revoked and Thilanga Sumathipala elected with an overwhelming majority with a massive mandate given by membership. |
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