Gota seeks five-judge bench to hear SC appeal | Daily News


 

D. A. Rajapaksa Museum case

Gota seeks five-judge bench to hear SC appeal

Former Defence Secretary Gotabhaya Rajapaksa through his counsel yesterday moved the Supreme Court that the appeal filed by his client in connection with the D. A. Rajapaksa Museum case be referred to the Chief Justice to nominate a five-judge bench of the Supreme Court.

Accordingly, the appeal petition filed by former Defence Secretary Gotabhaya Rajapaksa challenging the Trial-at-Bar order dated January 11, 2019, in the D. A. Rajapaksa Museum case was fixed for July 18 by the Supreme Court. Meanwhile, Additional Solicitor General (ASG) Priyantha Nawana, PC, appearing for the Attorney General (AG) informed Court that the AG expects to raise preliminary objections against this appeal petition.

ASG Nawana submitted to court that there is no need to invoke inherent jurisdiction of the Supreme Court in terms of Section 12B (1) of the Judicature (Amendment) Act No. 9 of 2018.

 He contended that the law provides itself recourse to file an appeal in the Supreme Court without invoking inherent jurisdiction.

The Supreme Court three judge bench comprised Justice Buwaneka Aluwihare, Justice L.T.B. Dehideniya and Justice Preethi Padman Surasena.

On February 11, the Permanent High Court-at-Bar decided to overrule preliminary objections raised by Gotabhaya Rajapaksa and six others in connection with the D.A. Rajapaksa Museum case citing that the Permanent High Court-at-Bar has jurisdiction to hear this case. Gotabhaya Rajapaksa had also filed a revision application in the Court of Appeal seeking an order to set aside this order issued by the Permanent High Court-at-Bar.

The Attorney General had filed indictments against seven accused, former Defence Secretary Gotabhaya Rajapaksa, members of the director board of Land Reclamation and Development Corporation (LRDC) Chairman Prasad Harshan de Silva, Bhadra Udulawathi Kamaladasa, Sudammika Kheminda Artigala, Saman Kumara Abraham Galappatti, Devage Mahinda Saliya and Srimathi Mallika Kumari Senadheera under seven counts for allegedly misappropriating LRDC funds of Rs.33.9 million. President’s Counsel Romesh de Silva with Counsel Sugath Caldera under the instructions of Counsel Sanath Wijewardane appeared for Gotabhaya Rajapaksa.

Additional Solicitor General Priyantha Nawana, PC with State Counsel Udara Karunaratne appeared for the Attorney General.

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D.A.Rajapaksa Museum case; Gota seeks five-judge-bench to hear SC appeal (15:16)

Former Defence Secretary Gotabhaya Rajapaksa through his counsel today moved Supreme Court that the appeal filed by his client in connection with the D. A. Rajapaksa Museum case be referred to the Chief Justice to nominate a five-judge-bench of Supreme Court.


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