Gotabhaya files revision application in CA seeking release from Avant Garde case

By S. S. Selvanayagam

Former Defence Secretary Gotabhaya Rajapakse yesterday filed a revision application in the Court of Appeal on the High Court rejection of his application sought to acquit and release him from the Avant Garde case.

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

The Director General of the Bribery Commission instituted proceedings in the Colombo Magistrate’s Court, noted Rajapaksa in his application, stating that, at the first available opportunity, his Counsel moved the 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 pre-requisite: namely a written sanction of the Commission.

The Magistrate on 17 November 2017 overruled the preliminary objections, 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 the application in the Colombo High Court for revisionary jurisdiction.

The High Court Judge on 2 February 2018 refused to issue notices and dismissed the petition. Rajapaksa subsequently 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 revise/set aside the orders of the High Court and allow him to revise the Magistrate’s Court.