CA extends Interim Order till 23 March preventing FCID from arresting Gota

By S.S. Selvanayagam

The Court of Appeal yesterday (27) further extended the Interim Order till 23 March the Interim Order preventing the FCID from acting on the Certificate (B Report) under the offences against the Public Property Act in the Magistrate’s Court against former Defence Secretary Gotabaya Rajapaksa.

The Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gooneratne. Court fixed the matter to be resumed on 22 March.

Romesh de Silva, PC, appearing for the Petitioner Gotabaya had suggested that the FCID should not file the Certificate under the Public Property Act, but they can conduct the investigation and file charges under this Act if necessary.

He had pleaded the Court to consider the balance of convenience as there is a move mala fide to arrest and remand him. He had contended the construction of the D.A. Rajapaksa memorial and museum was a civil matter, there was no criminal breach of trust and the petitioner had not misappropriated money but they want to remand him on misappropriation whereas paid for the money incurred as estimated by arbitration and the question of quantum of estimate by the Government valuer.

He said the petitioner was asking to prevent his arrest or remand but not seeking to prevent investigation or filing charges or indicting under the Public Property Act if the Attorney General thinks there are grounds. He submitted the investigation was started since 2015 and no step had been taken to indict him.

Romesh de Silva PC with Ali Sabri PC and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner. Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitors General Thisith Mudalige and Dilan Ratnayake and Senior State Counsel Nirmalan Wigneswaran appeared for the Respondents and the Attorney General.