Permanent High Court Trial-at-Bar rejects Gotabaya's plea that he be warned and released
The Permanent High Court Trial- at- Bar, Colombo rejected the application made on behalf of former Defence Secretary Gotabaya Rajapaksa that he be warned and released on the grounds he appear in Court when necessary following his indictment for misusing funds from the Sri Lanka Land Reclamation and Development Corporation ( SLLRDC) to build a mausoleum in memory of the late D.A.Rajapaksa.
The application was made by his senior counsel Romesh de Silva PC. The President of the High Court Trial- at- Bar Judge Sampath Wijeratna asked the other six accused in the case what their request was. Their counsel asked for bail. Court inquired from the prosecution as to what their position was.
Deputy Solicitor General Dileepa Peiris who appeared for the Attorney General, requested court to follow the established procedure since indictment has been served on the accused.
The DSG pointed out that nobody was above the law before Court and requested Court to make an order treating everybody with equality. Mr.Peiris said the court has been constituted for a special purpose and it was constituted after an amendment to the Judicature Act with the object of accelerating the process of dealing with grave offences.
DSG said that the usual procedure is for a person indicted to be kept in remand custody, but since the accused in this were senior state officers at one time and because the prosecution expected Court to go on with the trail without unnecessary delays they do not object to the release of the accused on strict conditions of bail. He said that he is objecting to one of the accused being released on bail and one to be released on bail with a warning.
Mr.Romesh de Silva PC stated that he is raising a preliminary objection on the jurisdiction of the Court and that he will make further submissions on the next date. The prosecution requested him to raise objection immediately without delaying the hearing, but defence counsel de Silva stated that he has to go through the indictment and other documents and therefore would make his submissions on the next date,
After consideration of the matters presented. Court ordered cash bail of Rs100, 000 each and surety bail of Rs, 1 million. Court prohibited the accused from leaving the country and ordered them to surrender their passports to Court and made order of that if they wished to leave the country they should obtain permission of the Court.
The case will be called again on 9 October. The bench consists of High Court Judges Sampath Wijerathna,Sampath Abeykoon, and Champa Janaki Rajaratna.