Avant-Garde floating armoury case fixed for trial on May 4 | Daily News


 

Avant-Garde floating armoury case fixed for trial on May 4

The case filed against Chairman of Avant-Garde, Nissanka Yapa Senadhipathi and seven other accused over the high profile Avant-Garde floating armoury case was yesterday fixed for trial on May 4 by the Colombo High Court Trial-at-Bar.

The case was taken up before the Colombo High Court Trial-at-Bar bench comprising High Court Judges Dhammika Ganepola (President), Adithya Patabendi and Manjula Thilakarathne as a calling date to consider whether all the requirements for the trail had been completed.

On the previous hearing, the defence presented their preliminary objection against the indictment of the high-profile Avant-Garde floating armoury case and stated that the indictment, which was filed by the Attorney General, is flawed; and the counsels who appeared on behalf of the first accused, Rakna Arakshaka Lanka Limited, and second accused, Avant-Garde Maritime Services (Pvt) Limited, pointed out that a criminal case cannot be maintained against a Private Limited Company. After considering the facts, the five accused in the high-profile Avant-Garde floating armoury case were ordered to be released from the case, and the prosecution was told that only 19 of the 7,573 charges could be maintained against the other eight accused by the Colombo High Court Trial-at-Bar.

Accordingly, the Colombo High Court Trial-at-Bar ordered to release first accused, Rakna Arakshaka Lanka Limited; second accused, the Avant-Garde Maritime Services (Pvt) Limited; third accused, former Rakna Lanka Chairman, retired Major General Waduge Palitha Piyasiri Fernando; fourth accused, former Rakna Lanka CEO, retired Major General Karunaratna Banda Adhikari Egodawele; and the twelfth accused, former Senior Additional Defence Secretary Damayanthi Jayaratne; from the case owing to the inability to maintain the charges under the Firearms Ordinance and the Explosives Ordinance. Following the order, the Attorney General had taken steps to revise the previous indictment.

Accordingly, the prosecution sought permission from the court to proceed the trial with amended indictments, comprising 882 charges against the accused, and to reclaim the other three accused who have been released by the Colombo High Court.

The Defence raised an objection and stated that the request made by the Attorney-General to reinstate the accused who have already been released from the case was contrary to the law. Additional Solicitor General Sarath Jayamanna and Senior State Counsel Janaka Bandara appeared on behalf of the Attorney General.


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