By Chitra Weerarathne
Colombo Chief Magistrate Gihan Pilapitiya yesterday granted bail to former Defence Secretary Gotabhaya Rajapaksa, Major General Palitha Fernando, Major Nissanka Senathipathi and four others, against whom the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) had filed corruption charges pertaining to a floating armoury off the shores of Galle.
The tender to operate the armoury was granted to the Avant Garde Maritime Services Private Limited, at a loss of Rs. 11.4 billion to the state, according to the CIABOC.
The bail was set at Rs. 200,000 cash with two sureties of Rs. 10 million each for each suspect. The second suspect out of the total eight was absent.
The suspects may leave the country with the permission of the court. Gotabhaya Rajapaksa and Major General Fernando sought permissionto go abroad for medical treatment on October 7, 2016. This application is to be considered on October 3.
President’s Council Romesh de Silva, appearing for Rajapaksa, at the outset took up the preliminary objection that Section 78(1) of the Bribery or Corruption Act stated that written sanction of the three commissioners was necessary to prosecute a person in the Magistrate Court. That particular complaint did not have the written sanction in the relevant files.
Hence the Magistrate could not hear the case. The Senior State Counsel Janaka Bandara, who appeared for the State said that Section 11 (eleven) of the Bribery or Corruption Act superseded Section 78(1). Section 11 stated that once the Director General of the Commission filed a complaint, the assumption was that the Commissioners had sanctioned it.
Written submission in this respect are to be submitted by parties, by December 1. This issue will be further argued on that day.
Romesh de Silva P.C., appeared with Jayantha Weerasinghe P.C., Anil Silva P.C., M. Alisabry P.C. with up to sixty other lawyers for the suspects.
The total of eight suspects are Gotabhaya Rajapaksa, Sujatha Damayanthi Perera, Major General Palitha Fernando, Karunaratne Bandara Adhikari, Somathilaka Dissanayake, Nissanka Senadhipathi, Jayantha Colombage and Jayantha Perera.
The second suspect was absent.
Courtesy:The Island