Litro Gas misappropriation case: Spl HC rejects preliminary objections
The Permanent High Court-at-Bar today (12) rejected the preliminary objections filed by President’s Chief of Staff Gamini Senarath and three others, who had sought to suspend the hearing of indictment papers filed by the Attorney General.The Special High Court Bench comprising Justices Sampath Abeykoon, Sampath Wijeratne and Champa Janaki Rajaratne granted permission for the case, filed against foursome by the Attorney General, to be heard.
When the case was taken up on 7 November, President’s Counsel Ali Sabry, representing the defendant Senarath, said that he would file preliminary objections, prior to the submission of the defendents’ responses. He claimed that the indictment paper submitted by the AG, related to this investigation by an alleged politicized institution, such as the Financial Crimes Investigation Division (FCID), was illegal. He then requested the Court to dismiss the indictment papers without even conducting a hearing.
Agreeing with Sabry’s claims, the other defense counsels also made submissions in this connection.
Making submissions on behalf of the prosecution, Deputy Solicitor General Thusith Mudalige said that the authority of the Special High Court to probe the legality of FCID is doubtful. He further said that the investigations with regard to the case have been conducted lawfully and in accordance with the provisions of the Criminal Procedure Code.
When the case was taken up yesterday, the Judges said that the preliminary objections filed by the defendants have not challenged the judicial powers of the Special High Court. The case was ordered to be taken up again on Wednesday (14).
The AG has indicted the defendants under the Offences against Public Property Act for allegedly misappropriating Rs 500 million in funds belonging to the Litro Gas Lanka by investing in ventures including the Helanka Hotels and Spa hotel project, from 1 February of 2014 to 20 January of 2015.
Piyadasa Kudabalage, Neil Bandara Hapuhinna and Lasantha Bandara have been named as the other three defendants in the case.
