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| Tuesday, 17 August 2004 |
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by Sarath Malalasekera Colombo Chief Magistrate and Additional District Judge Ms. Sarojini Kusala Weerawardena yesterday refused an application to discharge former UNP Co-operative Minister A. R. M. Abdul Cader remanded in connection with criminal misappropriation of Rs. 1 million of Samurdhi funds and re-remanded him till August 30. Refusing the application for discharging the former minister by President's Counsel Daya Perera, the Judge observed that "this court has jurisdiction to hear this case. According to the investigations a part of the transaction of the alleged misappropriation had taken place within the jurisdiction of this court". Judge Weerawardena said the judgements of Thilanga Sumathipala and Anuruddha Ratwatte's bail applications quoted by the Senior Defence Counsel were not relevant to the case. According to the 'B' report filed before court by investigators, Cader had obtained Rs. 1 million from the Samurdhi Society Development Fund to purchase 690 bags of samba-rice to be distributed among 11 mosques in the Kandy District. The Court is satisfied that investigators had taken Cader into custody under the Public Property Act. The Judge also observed that the defence did not move for bail and not mentioned any special circumstances in respect of bail. At the outset, Senior Counsel Daya Perera submitted to court that it had no jurisdiction to hear this case as the transaction had taken place at the Gampola police division outside the jurisdiction of the Court. In his lengthy submissions, the Senior Defence Counsel quoting several judgements including the recent judgements of Sumathipala and Ratwatte's bail applications by the Supreme Court and the Court of Appeal, requested court to consider those judgements in respect of his client's application. According to those two judgements the President's Counsel said any Lower Court is bound by the judgements delivered by a Superior Court. Senior State Counsel Priyantha Nawana vehemently objected Cader being released on bail and said the suspect had obtained funds from the Samurdhi Fund by submitting false representations. In his lengthy submissions, the Senior State Counsel said this court has jurisdiction to hear this case as major transaction, issuing the cheque, had been taken place at Torrington Place, Colombo within the jurisdiction of this court. Samurdhi funds had been used to pay to a private trader, stated the Senior State Counsel. He said the concept of helping the poor in Islam is old as mankind. President's Counsel Daya Perera with President's Counsel Srinath Perera, Kalinga Indatissa, Sarath Kongahage, Niroshana Perera and Gamini Pitipana appeared for Cader. |
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