The Colombo High Court Trial-at Bar today acquitted and released Avant Garde Chairman Nissanka Yapa Senadhipathi and seven others over the High profile Avant Garde floating armory case. The case was taken up before the Colombo High Court Trial-at-Bar bench comprising High Court Judges Adithya Patabendi, Manjula Thilakarathne and Mahen Weeraman. The Colombo High Court Trial-at-Bar bench issued the verdict unanimously after a lengthy trial
Update:
Senadhipathi, others acquitted from Avant-Garde case
Dilshan Tharaka
The Colombo High Court Trial-at Bar yesterday acquitted and released Avant Garde Chairman Nissanka Yapa Senadhipathi and seven others over the High profile Avant Garde floating armory case.
The case was taken up before the Colombo High Court Trial-at-Bar bench comprising High Court Judges Adithya Patabendi, Manjula Thilakarathne and Mahen Weeraman.
The Colombo High Court Trial-at-Bar bench issued the verdict unanimously after a lengthy trial.
The other acquitted accused include former chairman of Rakna Lanka Defense Company Victor Samaraweera, Wishwajith Nandana Diyabalanage, Sumudu Nilupul Costa, former Additional Secretary to the Ministry of Defense Saman Dissanayake, Albert Thilakaratne and the Ukrainian national Gennadiy Gavrylov who served as the captain of the ship. P. B. Premachandran, who was named as another accused in the case, had passed away during the trial.
Announcing the verdict, presiding judge of the bench, Colombo High Court Judge Aditya Patabendige said that former Defence Secretary Karunasena Hettiarachchi, who testified at the trial, had approved the operation of Avant Garde and Rakna Lanka, a company under the Ministry of Defence, to maintain a floating armory in the Red Sea.
High Court Judge Patabendige pointed out that the evidence given by the former Defence Secretary had stated that firearms and ammunition were allowed on board the Avant Garde. However, the Ministry of Defense had issued a letter regarding the firearms and ammunition for administrative purposes.
The judge also ruled that the former Defense Secretary had admitted in his testimony that the letter submitted by the defence to the Court stating that it was issued by the Ministry of Defence regarding the possession of firearms and ammunition on board the ship was a legal document and not a forgery.
Accordingly, the three-judge panel ruled that the ship appeared to have a valid license to possess firearms and ammunition and that the plaintiff had failed to prove that the license was a forgery.
The Judge also said the evidence showed that the Avant Garde floating armory in the Red Sea was legally licensed to protect merchant ships from pirates.
High Court Judge Aditya Patabendige pointed out that the prosecution should have been more careful in prosecuting the arsenal, which was established on a policy decision by the Government, and that even the arrest of the accused in the case was a serious problem.
The accused in the case, Victor Samaraweera, has been arrested only on the grounds that he is the Chairman of Rakna Lanka Security Company and presiding judge also said that it was not justifiable to arrest retired officers from the Army on the pretext of being employees of Avant Garde and present them as accused in this case.
The accused captain in this case is a foreigner and due to this case he was unable to go to his country and even had to undergo heart surgery in Sri Lanka away from his family members, High Court Judge Patabendige said.
The Presiding Judge emphasized that the criminal justice process in the country would have to be reconsidered in examining these facts.
Accordingly, the Colombo High Court Trial-at-Bar unanimously ruled that all the accused would be acquitted of all charges as the prosecution had failed to prove the allegations against them beyond a reasonable doubt.
Accordingly, the Colombo High Court Trial-at-Bar ordered to release cash bails deposited in Court by the accused when they asked for it and also ordered the Controller of Immigration and Emigration to lift their travel bans.
The Attorney General had filed indictments comprising 7,573 charges in connection with the Avant-Garde arms trafficking case against Avant-Garde Chairman Nissanka Yapa Senadhipathi and the other 12 defendants, on October 05, 2015.
The defence had filed a preliminary objection stating that the manner in which the charges were filed was against the law.
Following that, the Colombo High Court Trial-at-Bar accepted the preliminary objection and ruled that out of 7573 charges filed by the Attorney General, only 19 could be maintained.
Accordingly, the Colombo High Court Trial-at-Bar had ordered the release of the five accused Avant Garde Maritime Services, Rakna Lanka Defense Company, former Additional Secretary to the Ministry of Defense Damayanthi Jayaratne, retired Army Major Generals Palitha Fernando and B. Egodawela On January 17, 2020.
Subsequently, the case was heard on 19 charges filed by the Attorney General against eight suspects, including Avant Garde Chairman Nissanka Yapa Senadhipathi in connection with the illegal possession of 816 firearms and 203395 rounds of ammunition aboard the ship called MV Avant Garde off the coast of Beruwala in 2015.
The Attorney General maintained that there is sufficient evidence to prove that the all accused had committed punishable offences under the Firearms Ordinance and Explosives Ordinance on or around October 6, 2015. The Attorney General further maintained that three accused - Saman Dissanayake, P.D. Premachandra and Nissanka Senadhipathi - could be charged for fabricating false evidence under Section 189 and 190 of the Penal Code.Senior State Counsel Janaka Bandara, Attorney-at-Law Shakthi Jagoda Arachchi and Attorney-at-Law Akila Dalpadadu appeared for the Attorney General.
President’s Counsel Sampath Mendis, President’s Counsel Kuvera de Zoysa, President’s Counsel Ajith Pathirana, Senior Counsel Gamini Alwis, Attorney-at-Law Sanjaya Ariyadasa, Attorney-at-Law Asela Serasinghe, Attorney-at-Law Iresh Seneviratne and Attorney-at-Law Harith Hettiarachchi appeared for the defence.
