Gota suffers first major court setback

March 9, 2019, 9:00 pm 

Former secretary to the defence ministry, Gotabhaya Rajapaksa, suffered his first major legal setback when the newly-established Permanent High Court rejected his objections and decided last week to proceed with the trial.

Rajapaksa was indicted on seven counts under the Public Property Act for misappropriating 33.9 million rupees by getting the Land Reclamation Board to build at its cost a monument for his late parents at Medamulana, Weeraketiya.

He is also accused of criminal breach of trust and aiding and abetting other public servants to commit crime.

Soon after the 12-page indictment was read out to him, Rajapaksa’s lawyers questioned the jurisdiction of the fast-track court to hear the case and argued that the amount involved was so "low" that it did not merit a speedy trial.

However, the three-judge bench headed by justice Sampath Abeykoon rejected the objections pointing out that the case had been referred to them by Chief Justice Nalin Perera in line with provisions under which the court was set up.

The court’s 20-page unanimous decision settles jurisdiction issues and clears the way for a reasonably quick disposal of the Medamulana case.

Investigators were seriously hampered when Rajapaksa obtained orders preventing his arrest in connection with this case as well as others.

Some of the judges in Supreme Court recused themselves further delaying action against the former defence official who sought superior court intervention to prevent action against him.

A Supreme Court order prevents the authorities from arresting Rajapaksa in connection with several ongoing investigations --- the  $7.5 million corruption involving the MiG aircraft purchase, gun running and a controversial share transaction in Lanka Hospitals.

Since May 2015, the order preventing the arrest of Rajapaksa is in operation and Supreme Court judges have been putting off hearing for various reasons, including some recusing themselves.

Rajapaksa has also petitioned the Court of Appeal to stop a magisterial inquiry into a case filed by the bribery commission for causing a loss of 11.4 billion rupees to the state.

Gotabhaya, as secretary to the ministry of defence during the rule of his president brother Mahinda, is alleged to have illegally allowed Avant Garde Maritime Services to operate floating armouries and deprived the state of revenue.

A sea marshal operation carried out by the Sri Lankan navy was handed over to Avant Garde causing massive losses to the state when Rajapaksa headed the defence ministry, it is alleged.

In the meantime, Rajapaksa has also ratcheted his bid to secure nominations from his brother Basil’s Sri Lanka Podujana Party (SLPP) to contest presidential elections that must be held between November 9 and December 9.

However, he is yet to renounce his US citizenship to qualify to be a candidate at the election.

The 19th amendment to the constitution preclude those holding dual Sri Lankan and any other nationality from running for public office. Rajapaksa is on public record saying that he could give up his US citizenship in a matter of weeks.