Sil cloth case: State allowed to amend indictments

Colombo High Court Judge Gihan Kulatunga hearing the Sil cloth case yesterday over-ruled the objection of Defence Counsel Kalinga Indatissa PC against amending the indictment and allowed the prosecution to file amended indictment in court.

The Judge also fixed the hearing of the trial on the amended indictment on March 15. Counsel Kalinga Indatissa raising the objections for amending the indictment submitted that the accused cannot be charged under the Public Property Act under the term “Viyapaharanaya” or misuse of public fund. The Counsel said there is no such term in the Public Property Act and the accused cannot be indicted for something which is not there in law. he said the case should be dismissed. State counsel Thusith Mudalige objecting the Defence Counsel said the defence had taken that stance to object the indictments while the second accuse in the case Lalith Weeratunge was giving evidence from the witness box.

The Counsel said the witness had even faced the cross examination by the prosecution and it is illogical to raise the objections at that stage. Mr.

Judge Kulatunge observed that there are similar words meaning the same in the legal lexicon and allowed the prosecution to amend the indictment

Mudalige said he proposed to amend the indictment under the Penal Code since it may annihilate the defence position by the term “Viyapaharanaya” meaning misappropriation or misuse of public funds. Judge Kulatunge observed that there are similar words meaning the same in the legal lexicon and allowed the prosecution to amend the indictment. The former TRC Chairman Anusha Palpita Koralage Anusha Palpita and former President Mahinda Rajapaksa’s Secretary Lalith Chandra Kumar Weeratunge were indicted before the Colombo High Court by the Attorney General for committing a monitory loss of Rs. 600 million to the TRC during the period 30th October 2014 to January 05, 2015 by crediting Rs 600 million to the Taprobane Branch of Bank of Ceylon to the account number 7040016 which was a punishable offence under the Public Property Act.