Gota’s revision petition dismissed

The Colombo High Court yesterday turned down a request made by former Defence Secretary Gotabhaya Rajapaksa and seven others that they be released from a corruption case filed by the Bribery Commission over the Avant-Garde incident.

Former Defence Secretary Gotabhaya Rajapaksa and seven others had filed a revision petition in the Colombo High Court challenging Colombo Chief Magistrate’s decision to refuse preliminary objections raised by them regarding the Avant-Garde corruption case.

The Bribery Commission had filed a corruption case against former Defence Secretary Gotabhaya Rajapaksa and seven others for allegedly causing a Rs.11.4 billion unlawful loss to the government when permitting Avant-Garde Maritime Services to operate a floating armoury.

President’s Counsel Romesh de Silva with Counsel Sugath Caldera appeared for the petitioners. The Bribery Commission had filed a corruption case against former Defence Secretary Gotabhaya Rajapaksa and seven others for allegedly causing a Rs.11.4 billion unlawful loss to the government when permitting Avant-Garde Maritime Services to operate a floating armoury.

High Court Judge Sampath Wijeratne decided to dismiss the revision petition in limine citing that the Director General of Bribery Commission is vested with power to file cases in the Magistrate’s Court in accordance with the Bribery Commission Act. In his revision petition, Gotabhaya Rajapaksa, Avante Garde Chairman Major Nissanka Senadhipathi, former Navy Commanders Somatilleke Dissanayake, Jayanath Kolambage and Jayantha Perera, Rtd. Major General Palitha Piyasiri Fernando, Sujatha Damayanthi and Banda Adhikari had challenged Chief Magistrate’s decision to refuse preliminary objections raised by him and Chief Magistrate’s decision to fix the matter for trial. They had raised preliminary objections alleging that the Bribery Commission Director General had filed this case without the written sanction of the Bribery Commission. The Commission to Investigate Allegations of Bribery or Corruption had filed this case against eight accused including Gotabaya Rajapaksa and seven others under Section 70 of the Bribery Act. The Bribery Commission alleged that the accused had had given permission to Avant-Garde Maritime Services to operate a floating armoury between August 7, 2012 and January