Gota’s CA application deferred to 2 & 4 July

By S.S. Selvanayagam

The Court of Appeal yesterday deferred for support the revision application filed by former Defence Secretary Gotabaya Rajapaksa to 2 and 4 July at 1.30 p.m. 

The bench comprised justices Achala Wengappuli and Arjuna Obeysekara.

Rajapaksa filed a revision application in the Court of Appeal on the High Court rejection of his application seeking to acquit and release him from the Avant Garde case.

He cited the Director General of the Bribery Commission as the complainant-respondent and Sujatha Damayanthi Jayaratne, Piyasiri Fernando, Banda Fernando Egodawela, Somathilake Dissanayake, Nissanka Yapa Senadhipathy, Kumarasiri Kolambage and Jayantha Perera as accused-respondents.

He stated that the Director General of the Bribery Commission instituted proceedings at the Colombo Magistrate’s Court.

He stated that on the first opportunity available, his Counsel moved Court to raise a preliminary objection on the maintainability of the action wherein it was contended that the complainant had failed to satisfy a mandatory prerequisite, namely a written sanction of the commission.

He stated that the magistrate on 17 November 2017 overruled the preliminary objections and moved to read the charges and ordered the suspects to record their plea for the charges which were read out in open court.

Being aggrieved by the said orders of the Magistrate, Rajapaksa filed an application in the Colombo High Court for revisionary jurisdiction.

The High Court judge on 2 February 2018 in his order refused to issue notices and dismissed the petition.

Being aggrieved by this order, he now filed a revision application in the Court of Appeal seeking to stay the proceedings in the Magistrate’s Court until the final determination of this petition and to set aside the orders of the High Court and allow him to revise the Magistrate’s Court order.