SC further extends order on D.A. Rajapaksa Museum case to 20 Dec.

By S.S. Selvanayagam

The Supreme Court yesterday further extended the Stay Order till 20 December preventing the Special High Court Trial-at-Bar from the Trial of D. A. Rajapaksa Museum Case.

The bench comprised Justices B. P. Aluvihara, Murdu N.B. Fernando and Gamini Amarasekera.

Special Leave to appeal on the order against revision along with SC Appeal on the Writ petition saying it had no jurisdiction were taken up yesterday and deferred for 10 December and 30 January respectively.

The Court of Appeal has dismissed the Revision and Writ applications filed by former Defence Secretary Gotabaya Rajapaksa challenging the order made by Permanent High Court-at-Bar rejecting his Preliminary Objection in the D.A. Rajapaksa Museum case.

The Court of Appeal observed that in terms of the section 12B of the Judicature Act, the Permanent High Court-at-Bar cannot be considered as a Court of first instance. Accordingly, the Court of Appeal ruled that it had no jurisdiction to hear these two petitions.

On 11 February, the Permanent High Court-at-Bar decided to overrule preliminary objections raised by Gotabaya Rajapaksa and six others in connection with the D. A. Rajapaksa Museum case, citing that the Permanent High Court-at-Bar had jurisdiction to hear this case.

Gotabaya Rajapaksa had filed Revision and Writ applications in the Court of Appeal seeking an order to set aside the order.

The Court of Appeal upheld the Attorney General’s version regarding the Court jurisdiction and decided to dismiss two petitions without costs. Gotabaya appealed to the Supreme Court contesting the Court of Appeal order.

Romesh de Silva PC with Ali Sabry PC, Sugath Caldera,Harith De Mel, Ruwantha Cooray, Namiq Nafath and Wasanthakuma Niles instructed by Sanath Wijewardane appeared for Gotabaya Rajapaksa. Senior Deputy Solicitor General Milinda Gunatilleke appeared for the Attorney General.

The Attorney General had filed indictments of seven counts against seven accused, namely former Defence Secretary Gotabaya Rajapaksa, members of the Director Board of Land Reclamation and Development Corporation (LRDC) Chairman Prasad Harshan de Silva, Bhadra Udulawathi Kamaladasa, Sudammika Kheminda Artigala, Saman Kumara Abraham Galappatti, Devage Mahinda Saliya and Srimathi Mallika Kumari Senadheera for alleged misappropriation of LRDC funds of Rs. 33.9 million.