Avant-Garde Case: CA order on Gota petition on July 26 | Daily News

Avant-Garde Case: CA order on Gota petition on July 26

The Court of Appeal yesterday fixed for July 26 to deliver its order on a revision petition filed by former Defence Ministry Secretary Gotabhaya Rajapaksa over the Avant-Garde corruption case.

Meanwhile, the Court of Appeal yesterday further extended its Interim Order staying the Colombo Chief Magistrate’s Court proceedings pertaining to the Avant-Garde corruption case filed against former Defence Ministry Secretary Gotabhaya Rajapaksa.

This order will be effective until July 27.

When the petition came up before Court of Appeal Justices Achala Wengappuli and Arjuna Obeysekara, both parties submitted their written submissions.

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

The Court of Appeal had earlier observed that the Colombo High Court Judge had interpreted a ‘non-existing section’ of the Bribery Commission Act when he delivered an order regarding the revision petition filed by Gotabhaya Rajapaksa.

Through this petition Rajapaksa is also challenging the Colombo Chief Magistrate’s decision to refuse preliminary objections raised by Rajapaksa regarding theAvant-Garde corruption case.

In his revision petition, Rajapaksa has challenged the Chief Magistrate’s decision to refuse preliminary objections raised by him and as well as the Chief Magistrate’s decision to fix the matter for trial.

Previously, the Colombo High Court had also turned down a request made by Gotabhaya Rajapaksa and seven others that they be released from a corruption case filed by the Bribery Commission over the Avant-Garde incident.

Rajapaksa is also seeking an order to set-aside the Colombo High Court’s order dated February 2, 2018. The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) had filed this case against eight accused including Gotabaya Rajapaksa under Section 70 of the Bribery Act. The Bribery Commission alleged that the accused had had given permission to Avant-Garde Maritime Services (Pvt) Ltd to operate a floating armoury between August 7, 2012, and January 8, 2015, in violation of laws by providing unlawful income to this private company, amounting to Rs.11.4 billion. President’s Counsel Romesh de Silva under the instruction of counsel Sanath Wijewardena appeared for the petitioner.

Senior State Counsel Janaka Bandara appeared for the Bribery Commission.

 

 


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