Seven persons including former Defence Secretary Gotabhaya Rajapaksa and three former Navy Commanders yesterday raised preliminary objections regarding a corruption case filed by the Bribery Commission for allegedly causing a Rs.11.4 billion unlawful loss to the government when giving permission to Avant-Garde Maritime Services (Pvt) Ltd to operate a floating armoury.
Accordingly, Colombo Chief Magistrate Lal Ranasinghe Bandara directed the both defence and prosecution parties to file written submissions regarding the preliminary objections on March 15.
President’s Counsel Romesh de Silva with Kuvera de Zoysa PC raised a preliminary objection alleging that the Bribery Commission Director General had filed this case without the written sanction of the Bribery Commission.
They moved Court that case proceeding pertaining to the matter be terminated since the case had been filed without the consent of the Bribery Commission. The Defence Counsel further moved Court that the notices issued against the accused be recalled since the notices were gone injuria (unlawfully).
Senior State Counsel Janaka Bandara appearing on behalf of the Bribery Commission informed Court that the Bribery Commission had given its consent to this legal action. He said the Director General of Bribery Commission is vested with power to file cases in the Magistrate’s Court in accordance with the Bribery Commission Act. In order to uphold his argument, SSC Bandara opted to tender a judgment of the Supreme Court in Courts.
When the matter came up before the Chief Magistrate, seven accused, former Defence Secretary Gotabhaya Rajapaksa, Avant Garde Chairman Major Nissanka Senadhipathi, former Navy Commanders Somatilleke Dissanayake, Jayanath Kolambage and Jayantha Perera, Rtd. Major General Palitha Piyasiri Fernando and Banda Adhikari were present in Courts.
Meanwhile, the Chief Magistrate allowed to proceed the case in absentia of second accused Sujatha Damayanthi, former Additional Secretary to the Defence Ministry. Senior Counsel Asoka Weerasuriya informed Court that he has received instructions to appear on behalf of Sujatha Damayanthi who is currently living in New Zealand.
The Commission to Investigate Allegations of Bribery or Corruption had filed this case against eight accused under Section 70 of the Bribery Act.
The Bribery Commission alleged that the accused had had given permission to Avant-Garde Maritime Services (Pvt) Ltd to operate a floating armoury between August 7, 2012 and January 8, 2015 in violation of laws by providing unlawful income to this private company, amounting to Rs.11.4 billion.
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