High Court stays arrest order in Foxhill supercross case

The Badulla High Court has issued an interim injunction staying the order made by the Bandarawela Magistrate’s Court to arrest and produce in court the organizers of the 2024 Diyatalawa Foxhill Supercross event.

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, Ashar Hameem, and its former Secretary, Shehan de Tissera. The application relates to the tragic accident during the event, which claimed the lives of eight people and left 19 others injured.

Earlier, the Bandarawela Magistrate had ordered the arrest of the event organizers, ruling that they had fundamentally failed to ensure the safety of spectators. The Magistrate further directed the police to arrest and produce responsible officials from both the Sri Lanka Automobile Sports (SLAS) and the Sri Lanka Military Academy, and to conduct a comprehensive investigation into the circumstances surrounding the incident.

President’s Counsel Anuja Premaratne, appearing for the petitioners, submitted that the Magistrate’s order had been made without a proper understanding of the facts. These submissions were made on the advice of Attorney Sudath Jayawardena. Appearing on behalf of the Attorney General, Deputy Solicitor General Prasanna Bandara and State Counsel Oswald Lakshan Perera informed court that the incident could not be classified as a criminal offence and stated that they did not agree with the Magistrate’s decision.

After considering the submissions, Judge Liyanagama ordered the suspension of the execution of the arrest warrants and directed the parties to file their objections on January 19.

Meanwhile, separate committees have been appointed by the Sri Lanka Automobile Association, headed by President’s Counsel Chandana Liyanapatabendi, and by the Sri Lanka Army to investigate the incident. However, the findings of these committees have not yet been made public, and it has been reported that the Liyanapatabendi Committee is currently inactive due to a lack of facilities.