Revision application fixed for Order | Daily News
Avant Garde Bribery case

Revision application fixed for Order

The Court of Appeal yesterday reserved its order to be delivered on July 31, regarding a revision application filed by Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando, seeking an Interim Order staying the Colombo High Court’s proceedings pertaining to the Avant Garde bribery case.  

When the revision application came up before the Court of Appeal two-judge-bench comprising Justice Kumuduni Wickremasinghe and Justice Devika Abeyratne, both parties concluded their oral submissions.  

On March 11, the Colombo High Court ordered to reject the preliminary objection raised by Nissanka Senadhipathi and Palitha Fernando regarding a bribery case filed against them.

The defence alleged that the Bribery Commission had filed indictments against the accused without the written sanction of the two Commissioners of the Bribery Commission.  

Deputy Solicitor-General Thusith Mudalige, appearing on behalf of the Attorney-General, submitted to court that the Director-General of Bribery Commission had filed indictments upon directions given by the Bribery Commission under Section 11 of the Bribery Act.

He further said that in terms of Section 11 of the Bribery Commission, the Director-General is mandated to institute criminal proceedings.  

Counsel Eraj de Silva, appearing on behalf of the petitioners, informed court that the Director-General of the Bribery Commission had filed indictments against the petitioners without the consent of the Commission.  

The Bribery Commission had filed indictments against Avant-Garde Maritime Services (Pvt.) Ltd. Chairman Senadhipathi and Palitha Fernando for involvement in an act of bribery amounting to Rs.35.5 million regarding the Avant-Garde floating armory operation.  

The Director-General of the Bribery Commission had filed indictments against the two accused on 47 counts under Section 17, 19, 21, and 25 of the Bribery Commission Act. The two accused were indicted for the alleged offer of a bribe of Rs.35.5 million to Major General Palitha Fernando by Avant-Garde Chairman Senadhipathi consequent to the Avant-Garde floating armory operation between 2012 and 2014.    


Avant Garde Bribery case; Revision application fixed for Order [17-07-2020, 15:26]

The Court of Appeal today reserved its order to be delivered on July 31, regarding a revision application filed by Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando seeking an Interim Order staying the Colombo High Court’s proceedings pertaining to Avant Garde bribery case.

When the revision application came up before the Court of Appeal two-judge-bench comprising Justice Kumuduni Wickremasinghe and Justice Devika Abeyratne, both parties concluded their oral submissions.

On March 11, the Colombo High Court had ordered to reject the preliminary objection raised by Nissanka Senadhipathi and Palitha Fernando regarding a Bribery case filed against them. The defence alleged that the Bribery Commission had filed indictments against the accused without the written sanction of the two Commissioners of the Bribery Commission.

Deputy Solicitor General Thusith Mudalige appearing for the Attorney General submitted to the Court that the Director General of Bribery Commission had filed indictments upon directions given by Bribery Commission under section 11 of the Bribery Act. He further said that in terms of the section 11 of the Bribery Commission, the Director General is mandated to institute criminal proceedings.

Counsel Eraj de Silva appearing for the petitioners informed the court that the Director General of Bribery Commission had filed indictments against the petitioners without the consent of the commission.


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