Johnston’s bail application: CA reserves order for Sept. 17 | Daily News

Johnston’s bail application: CA reserves order for Sept. 17

The order regarding an application made by former Minister Johnston Fernando and two others that they be released on bail after setting aside the Kurunegala High Court’s order to refuse bail was yesterday reserved for September 17 by the Court of Appeal.

Johnston Fernando and two others remanded in connection with the misappropriation of Rs. 5.2 million in public funds had filed a revision application in the Court of Appeal challenging Kurunegala High Court’s order to remand them until the conclusion of the trial.

When the matter came up before Janak de Silva and Justice Achala Wengappuli, both parties concluded their oral submissions.

Senior State Counsel Naomi Wickremasekara appearing for the Attorney General raised objections for the revision application and told court that there is no illegality in the order issued by Kurunegala High Court. SSC Wickremasekara submitted to court that the High Court Judge made this order for the purpose of expediting the trial after being heard on a day-to-day basis. She further argued that bail act does not apply for the offences committed under Public Property Act.

However, President's Counsel Romesh de Silva appearing for Johnston Fernando told court that the High Court Judge made an order to remand the accused without a legal basis. He contended that alleged misappropriation of funds at Lak Sathosa institution cannot be considered as an offence which comes under Public Property Act.

On September 3,the Kurunegala High Court issued an order to remand former Minister Johnston Fernando, former Lak Sathosa Chairman K.M. Fernando and the former Minister’s Private Secretary Raj Mohideen Mohamod Sakeer, until the conclusion of the trial.

The Attorney General alleged that Johnston Fernando as then Minister in charge of the Cooperative Wholesale Establishment (CWE), had allegedly ordered that goods worth over Rs.5.2 million be released from three CWE warehouses in Yanthampalawa, Wehera and Mallawapitiya in the Kurunegala District during the North Western Provincial Council Election in September 2013.

 

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