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The Court of Appeal (CoA) today (Nov. 10) dismissed without hearing the appeal petition filed by the Director Board of Asiri Medical Hospital.

The petition by Ashok Pathirage and other directors had sought to prevent the hearing of a case at the Maligakanda Magistrate’s Court.

This is with regard to a case where the hospital had previously pleaded guilty to selling 11 drugs beyond the MRP set as per the National Medicines Regulatory Authority (NMRA) Act.

Appearing on behalf of the petitioners,  President’s Counsel Romesh de Silva presented his arguments and requested permission to hear the petitions, requesting that the order of the Maligakanda Court as well as a order by the Colombo High Court, to be set aside.

However, appeared on behalf of the NMRA,  Deputy Solicitor General, Ms. Lakmini Girihagama raised a preliminary objection, pointing out that it is not possible to file an appeal against an appeal.

Accepting this, the CoA bench comprising Justices Shashi Mahendran and Amal Ranaraja dismissed the appeal petition filed by the directors of Asiri Medical Hospital without taking it up for hearing.

Following the dismissal of the appeal, the Asiri Medical Hospital Board of Directors are now due to appear before the Maligakanda Magistrate’s Court on Nov. 12, where the relavant case will be taken up.

The petitions filed by the directors of Asiri Medical Hospital : Chairman – Ashok Pathirage, Directors Karunamuni Manjula Prasanna Karunaratne, Haresh Kumar Kaimal, Vishal Bali, Ankur Nand Thadani, Sudarshan Ahangama, Gardiyar Lokuge Harris Premaratne, Sivakumar Selliah and Ajith Karunaratne, had named the NMRA, the Attorney General and Sanath Kumara Athukorala – a resident of Nugegoda, as respondents.

President’s Counsel Saliya Peiris appeared on behalf of Sanath Kumara Athukorala, along with Attorneys Sarinda Jayawardena and Ishan Jayasundara.

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