By S. S. Selvanayagam
The Court of Appeal yesterday extended the Interim Order preventing the FCID from arresting former Defence Secretary Gotabhaya Rajapaksa.
The Court re-fixed to mention the appeal filed by Gotabhaya Rajapaksa, seeking an Order to prevent Financial Crime Investigation Division (FCID) from arresting him, on 28 September.
The Bench comprised Justices P. Padman Surasena (President/CA) and Arjuna Obeysekera.
The Court reinforced the Interim Order by making it an Inter Parte Interim Order, preventing the Financial Crime Investigation Division (FCID) from acting on the Certificate (B Report), under the offences against the Public Property Act, in the Magistrate’s Court against former Defence Secretary Gotabhaya Rajapaksa.
Petitioner contends the construction of the D. A. Rajapakse memorial and museum is a civil matter, and that there is no criminal breach of trust and he has not misappropriated money.
He states he was the Secretary of Defence, that the Urban Development Authority had made a directive to the Board of Sri Lanka Land Reclamation Corporation, after having sought the approval of the Board to pay, and that Rs. 10 million was paid to commence work on the construction of the D. A. Rajapaksa foundation, where all the expenses would be reimbursed by various sources, and he alleged this fact is suppressed.
He states that the D. A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Land Reclamation Board for the construction of a monument at Medamulana, Weeraketiya. He also stated that there was no written contract.
Petitioner Gotabhaya Rajapaksha in his application cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, Financial Crimes Investigation Division DIG Ravi Waidyalankara, ASP Kamal Paliskara and the Attorney General as Respondents.
Romesh de Silva PC, with M. U. M. Ali Sabri PC, and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane, appeared for the Petitioner. Senior Deputy Solicitor General Viraj Dayarathne, with Deputy Solicitors General Thisith Mudalige and Dilan Ratnayake, and Senior State Counsel Nirmalan Wigneswaran, appeared for the Respondents and the Attorney General.