Gotabaya released from D.A.Rajapaksa Museum case | Daily News

Gotabaya released from D.A.Rajapaksa Museum case

Gotabaya Rajapaksa was released yesterday by the Colombo Permanent High Court-at-Bar from a case filed over an allegation that the D.A.Rajapaksa Museum and Memorial in Medamulana was built using public funds amounting to Rs.33.9 million.

The Trial-at-Bar bench comprising High Court Judges Sampath Abeykoon (President), Sampath Wijeratne and Champa Janaki Rajaratne also ordered to terminate case proceedings against President Gotabaya Rajapaksa after taking into consideration the Constitutional immunity of President from the suit.

Filing a motion in court, President’s Counsel Ali Sabry appearing for President Rajapaksa moved court to terminate court proceedings against his client since he has been elected to the office of President.

Sabry further requested that his client be released from the case in accordance with the Constitutional provisions. He further moved court that an order be issued to release his client’s passport from court custody.

Deputy Solicitor General Dileepa Peiris appearing for the Attorney General informed court that in terms of Article 35 (1) of the Constitution, no civil or criminal proceedings can be instituted or continued against the President in respect of anything done or omitted to be done by the President, either in his official or private capacity.

Peiris submitted to Court that the Attorney General would not proceed indictments against the accused in accordance with the constitutional provisions.

Taking into consideration the facts, the Trial-at-Bar bench ordered to terminate case proceedings against President Gotabaya Rajapaksa and further ordered to release his passport through an authorised person. The cash bail deposited by Gotabaya Rajapaksa and his sureties were also ordered to be released by the Trial-at-Bar bench.

The Attorney General’s position regarding other accused would be announced on January 9 next year.

Indictments were filed against seven accused: Defence Secretary Gotabaya Rajapaksa, members of the director board of Land Reclamation and Development Corporation (LRDC) including Chairman Prasad Harshan de Silva, Bhadra Udulawathi Kamaladasa, Sudammika Keminda Artigala, Saman Kumara Abraham Galappatti, Devage Mahinda Saliya and Srimathi Mallika Kumari Senadheera on seven counts for allegedly misappropriating LRDC funds amounting to Rs.33.9 million.

President’s Counsel Ali Sabry with Counsel Sanath Wijewardena appeared for the defence. DSG Dileepa Peiris with State Counsel Udara Karunatilleka appeared for the Attorney General.

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