Gotabaya laments imminent arraignment; CA reserves order for today on notice and IO

By S.S. Selvanayagam

The Court of Appeal yesterday (28) reserved its order for today (29) on whether to issue notices on the Respondents and whether to grant an Interim Order in respect of the Writ Petition filed by former Defence Secretary Gotabaya Rajapaksa.

The Bench comprised Justices L.T.B. Dehideniya (President/CA) and Shiran Gooneratne.

Petitioner Gotabaya Rajapaksa in his application filed last Friday (24) 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 Ali Sabri PC and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner.

The Petitioner is seeking the Court to Quash the Certificate (namely B Report – summary report or information to Court by Police) purportedly filed under the offences against the Public Property Act.

He is also seeking the Court to prevent the Respondents from proceeding and/or relying upon the said Certificate filed against him.

He is asking the Court to prevent the Respondents from relying upon the said Certificate and/r other Certificate to be issued under the said Act in the Magistrate’s Court Case bearing Number B 60485/4/15 until the hearing and final determination of his application.

Petitioner states he is a dual citizen being a citizen of the USA and is a retired officer of Sri Lanka Army.

He states that he, who is the fifth of nine siblings in his family, hails from a well-known political family. The father late D.A. Rajapaksa was a prominent politician in the history of Sri Lanka.

He states, at the time of holding the office of Defence Secretary and Urban Development, he inter-alia managed to transform the city of Colombo to great heights by making the city a cleaner and safer place for its users and occupants.

He states in December 2014 Sri Lanka called for an election to be held for the office of the President wherein the present President namely Maithripala Sirisena stood against his brother’s re-bid to be elected to the office of President and that the results of the elections were declared on 9 January 2015 and in view thereof his brother was defeated.

He laments that day by day the pressure from various coalition partners increased thus building a media uproar in seeking to arrest members of the Rajapaksa family including close allies and that that several influential persons in the government were desirous of arresting him as a part of a political vendetta.

He bemoans that in collusion with the FCID several false allegations were made against him and several false purported charges were levied against him. He states the false charges then made were that he is illegally unlawfully responsible for a floating armoury which was found to have been docked at the Galle Harbour with large consignment of weapons and ammunition and allegations of corruption and irregularity in the purchase of MIG 27 in 2006 as well as the purported share manipulation at Lanka Hospitals Ltd. and leasing of aircrafta at the time of tenure of the office of Chairman at Mihin Lanka. He claims these allegations are baseless.

He pleads there is a calculated effort by the ruling coalition and its political partners to engage in a witch-hunt against him and to coerce and pressurise the law enforcing agencies to act against him irrespective of the merits.