UPDATE: The Court of Appeal yesterday issued an interim order staying the Colombo High Court’s proceedings pertaining to the Avant Garde bribery case filed against Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando.
The Court of Appeal two-judge-Bench comprising Justice Kumuduni Wickremasinghe and Justice Devika Abeyratne made this order pursuant to a writ petition filed by Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando who challenged Colombo High Court’s order to reject preliminary objections raised by them.
This interim order will be effective until the final determination of this revision application.
Accordingly, the Court of Appeal issued notices returnable for September 7 on respondent parties including Bribery Commission.
On March 11, the Colombo High Court had ordered to reject the preliminary objection raised by Nissanka Senadhipathi and Palitha Fernando regarding a Bribery case filed against them. The defence alleged that the Bribery Commission had filed indictments against the accused without the written sanction of the two Commissioners of the Bribery Commission.
The Bribery Commission had filed indictments against Avant-Garde Maritime Services (Pvt) Ltd Chairman Senadhipathi and Fernando for involvement in an act of bribery amounting to Rs.35.5 million regarding the Avant-Garde floating armory operation.
The Director General of the Bribery Commission had filed indictments against the two accused on 47 counts under Section 17, 19, 21 and 25 of the Bribery Commission Act. The two accused were indicted for the alleged offer of a bribe of Rs.35.5 million to Major General Palitha Fernando by Avant-Garde Chairman Senadhipathi consequent to the Avant-Garde floating armory operation between 2012 and 2014.Counsel Eraj de Silva with Harith Hettiarachchi, Manjuka Fernandopulle, Niraj Ankatel under the instructions of Dimuthu Kuruppuarachchi appeared for the accused- appellants.
Deputy Solicitor General Thusith Mudalige appeared for the Bribery Commission.
CA stays High Court proceedings of Avant Garde Bribery case -Time: 15:10
The Court of Appeal today issued an interim order staying the Colombo High Court’s proceedings pertaining to Avant Garde bribery case filed against Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando.
Court of Appeal two-judge-bench comprising Justice Kumuduni Wickremasinghe and Justice Devika Abeyratne made this order pursuant to a writ petition filed by Avant Garde Chairman Nissanka Yapa Senadhipathi and Rtd. Major General Palitha Fernando who challenged Colombo High Court's order to reject preliminary objections raised by them.
This interim order will be effective until the final determination of this revision application.
Accordingly, the Court of Appeal issued notices returnable for September 7 on respondent parties including Bribery Commission.
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