Gota files written submissions against Avant-Garde case

Former Defence Secretary Gotabhaya Rajapaksa yesterday filed preliminary objections in written against the 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.

When the matter came up before Chief Magistrate Lal Ranasinghe Bandara, both parties were directed to make their oral submissions regarding defence’s preliminary objections on May 29.

Defence counsel appeared on behalf of the accused had raised a preliminary objections alleging that the Bribery Commission Director General had filed the case without the written sanction of the Bribery Commission.

They moved Court that case proceedings 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).

However, 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 Bribery Commission Director General is vested with power to file cases in the Magistrate’s Court in accordance with the Bribery Commission Act.

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 had at a previous occasion allowed to proceed the case in absentia of second accused Sujatha Damayanthi, former Additional Secretary to the Defence Ministry.

The Commission to Investigate Allegations of Bribery or Corruption had filed the case against eight accused under Section 70 of the Bribery Act.

The Bribery Commission alleged that the accused 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 the private company, amounting to Rs.11.4 billion.