President released from D.A. Rajapaksa misappropriation case

• Court order follows Motion by President’s lawyers in terms of Article 35 of Constitution
• Article 35 (1) gives President immunity from both civil and criminal proceedings
• President’s passport released, travel ban removed, sureties released following Court Order
• AG asked to inform Court by 9 Jan how to proceed with six other defendants in case

The Permanent High Court’s Trial-at-Bar yesterday discharged President Gotabaya Rajapaksa from the case involving the alleged use of Rs. 33.9 million in public funds to build the D.A. Rajapaksa Museum and Memorial in Medamulana. The Court decision was made consequent to a motion filed by the President’s lawyers in terms of Article 35 of the Constitution, which states no civil or criminal action could be instituted or maintained against the President of the Republic.

Both the Attorney General and President’s lawyers made submissions to Court highlighting the aforesaid legal position.

Article 35 (1) of the Constitution states, “While any person holds office as President of the Republic of Sri Lanka, no civil or criminal proceedings shall 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.” The Court agreed with the submissions and ordered to terminate the proceedings against the President and discharged him from the case.

His passport which was held in the custody of the court was released, the travel ban removed, and the sureties were released following the Court order.The bench comprised Justices Sampath Abeykoon, Sampath Wijeratne and Champa Janaki Rajaratne. They ordered the prosecution to inform Court on or before 9 January on how to proceed with the other six defendants in the case. Ali Sabry PC with Ruwantha Cooray, Suranga Perera and Namiq Nafath on the instruction of Sanath Wijewardene appeared on behalf of the President. Deputy Solicitor General Dileepa Peiris appeared for the Prosecution.