CA extends Interim Order Preventing Gota’s arrest by FCID

Published : 9:11 am  February 28, 2018 | No comments so far |  | 

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Court extends interim order till Mar.23   

 

mainBy S.S. Selvanayagam  

Court of Appeal yesterday further extended till March 23, the interim order preventing the FCID from acting on ‘B’ report in connection with offences allegedly committed by former defence secretary in violation of the Public Property Act.

 

The case, in which Mr. Rajapaksa has to answer charges, is pending in the Magistrate’s Court.   

 

The case, in which Mr. Rajapaksa has to answer charges, is pending in the Magistrate’s Court.   The Court of Appeal Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gooneratne. 


Romesh de Silva, PC, appearing for Mr. Rajapaksa had suggested that the FCID should not file the report under the Public Property Act.  


He requested Court to consider the Balance of Convenience on the basis that there was a mala fide move to arrest and remand him. 


The counsel said the construction of the D.A. Rajapaksa memorial and museum was a civil matter and there was no criminal breach of trust and that the petitioner had not misappropriated funds and that there were moves to remand him on charges of misappropriation.  

 

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He said petitioner was requesting that his arrest be stopped but was not seeking to stop the investigation or the filing of charges or indicting the petitioner under the Public Property Act should the Attorney General think there are grounds to do so. 


The counsel said investigations were started in 2015 but no steps taken to indict him. Romesh de Silva PC with Ali Sabri PC, Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the petitioner while Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitors General Thisith Mudalige, Dilan Ratnayake and Senior State Counsel Nirmalan Wigneswaran appeared for the respondents and the AG.      

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