By Chitra Weerarathne
Colombo High Court Judge A. A. R. Heiyantuduwa yesterday reserved the order on the revision application filed by Yoshitha Rajapaksa and four other suspects, for March 14.
The revision application is to set aside the Kaduwela Magistrate’s orders that the aforesaid persons be remanded on Jan. 30, 2016 and further remanded on Feb. 11, 2016.
The suspects are charged with acting in violation o the Public Property Act in setting up the CSN Channel.
President’s Counsel Gamini Marapana, who appeared for Yoshitha Rajapaksa, told the High Court that the chamber order made by the Kaduwela Magistrate on Jan. 30, 2016 that the suspects be held on remand was illegal. The abuse of the Public Property Act was not an issue on Jan. 30, 2016. A ‘B-report’ had been filed subsequently on Feb. 10.
The suspects were unaware of that ‘B-report’. On Feb. 11 the suspects were remanded under the Public Property Act. On Feb. 17, the Magistrate refused bail. An ASP’s certification was required for remanding a suspect under the Public Property Act. But, that had not been properly done.
The Deputy Solicitor General Thusith Mudalige, appearing for the Attorney General, said that there was no basis for interfering with the Magisterial order and revising the same.
The Deputy Solicitor General explained that Yoshitha Rajapaksa and others had been charged with paying Rs. 2.65 mn to two persons from the Presidential Secretariat, as salaries and benefits.
The rent for the CSN office had been paid by the Presidential Secretariat. The suspects could not duly explain how money had been found to start and finance the CSN Channel.
Gamini Marapana, PC, said the suspects had been held in custody without a just cause for over 40 days. They should be granted bail.
Marapana, PC, appeared with Jayantha Weerasinghe, PC, and Navin Marapana, for Yoshitha Rajapaksa.
Former President, Mahinda Rajapaksa was at the Bar table, with Counsel Gamini Marapana and Jayantha Weerasinghe.
Courtesy:The Island

