30 November, 2020

Blog

Supreme Court Lets Gota Off The Hook; DA Rajapaksa Trial Delayed Till October

Barely 24 hours after Gotabaya Rajapaksa arrived back in Sri Lanka after spending months avoiding his trial at the Permanent Trial At Bar in the D. A Rajapaksa corruption case the Supreme Court has stalled the proceedings by two months in one of dozens of cases filed by the former Defence Secretary’s lawyers to try and stop the case from going forward.

Gotabaya Rajapaksa

The issue has become doubly important as an announcement is due in two weeks about the SLPP’s presidential candidate with Gotabaya being the preferred candidate of the majority.
The Supreme Court bench led by Justice Buvaneka Aluvihare ordered that proceedings in the Permanent High Court be suspended until the matter in the Supreme Court is heard and decided. The next date for the hearing will be October 1 by which time the nomination period for the 2019 presidential election would have already commenced.

The case that came up today (25) at the Supreme Court is one of several filed by Gotabaya Rajapaksa’s lawyers to stall his D.A. Rajapaksa corruption trial.

This appeal was filed by Rajapaksa’s lawyer’s challenging a Court of Appeal ruling issued in June 2019. Gotabaya’s lawyers challenged an order made by the three judge bench of the Permanent High Court rejecting preliminary objections they had raised. The CA threw the case out saying they did not have jurisdiction to hear the writ and revision applications since the Judicature Act had stipulated that all appeals against orders made by the Permanent High Court must be heard by a five judge bench of the Supreme Court since the PHC is a trial-at-bar.

Today in Supreme Court the three judge bench led by Justice Aluvihare was hearing Gotabaya Rajapaksa’s lawyers appeal against the Court of Appeal judgement citing lack of jurisdiction. Rajapaksa’s lawyers are arguing that the CA does in fact have jurisdiction to hear the writ application against the PHC order made in February 2019.

The Bench gave Rajapaksa’s lawyers leave to proceed in the case and also decided that the trial in the Permanent High Court would have to be suspended until the matter is determined, playing beautifully into the hands of the former Defence Secretary, who reportedly only decided to return to Sri Lanka after being provided numerous assurances that his trial would be stalled, and that some charges against him may even be dropped. The Attorney General has already provided an assurance to the Supreme Court – without being asked by any of the judges – to amend Gotabaya Rajapaksa’s indictment in the D.A. Rajapaksa case. This is despite the fact that the judges of the Permanent High Court held with the Attorney General when Gotabaya’s lawyers led by Romesh De Silva PC insisted that the indictment had been erroneously filed. Months later the AG appears to be admitting that he made a mistake with the indictment.

The Supreme Court order and the decision of the judges to push the case back so far in the year, when the country will be in the throes of a major election in which Rajapaksa is hoping to stand as a candidate sent shockwaves.

While unsurprising because ex officials in the Rajapaksa regime have repeatedly got a wide margin from the country’s highest courts the SC ruling put paid to any kind of accountability for tens of millions stolen from state coffers (and part of it returned after investigators started digging into the transaction) ahead of the presidential poll, in which the first accused in the major corruption trial will likely be a candidate. If Rajapaksa wins the presidency, years of work by the FCID and the AG’s Department will go to waste since the cases are unlikely to move forward against a sitting president.

Rs 33 million is what the Attorney General has accused Gotabaya Rajapaksa of misappropriating from state funds to build a private memorial for his late parents. The money was taken from the Land Reclamation and Development Board. Rajapaksa, who was then Defence Secretary and also Secretary to the UDA under which the LRDB functions also got the Sri Lanka Navy to carry out the construction of the memorial and museum in Medamulana.

Reacting to the shock expressed on social media about the SC ruling Mohammed Ali Sabry one of Gotabaya’s lawyers wrote on his Facebook page: “We don’t know the case, we don’t know the preliminary objections, we haven’t seen the order, but if a Rajapaksa is a party, the order must be wrong – Signed NGO Guild”.

Even though Rajapaksa told a Sinhalese newspaper two weeks ago that he was “coming back to face up to his cases”, the truth of the matter is that he was not planning to return until he was certain the trial would not commence on July 26. Despite the assurances provided by Attorney General Dappula De Livera that the case would be delayed since the indictment would be amended, Rajapaksa’s lawyers also ensured they had further insurance by appealing the CA ruling in the Supreme Court a day before the trial was set to begin.

Colombo Telegraph learns that Rajapaksa’s legal team is elated about the delay effected to the trial, since the matter will only be postponed from October 2019 onwards, after which the fate of the trial will be decided only at the presidential election.

Print Friendly, PDF & Email

Latest comments

  • 8
    3

    Well, we have had so many traitors as prime ministers and presidents one more isn’t going to make any difference. D. S. Senanayake made 11% of the population stateless immediately after independence by withdrawing the voting right of the plantation workers. Then S. W. R. D. Bandaranayake divided the country by his stupid Sinhala Sri, and Suya basa legislations. Then Srimavlo with her Poya and PrePoya shit and proportional entry into the University shit. Of course, the megalomaniac Mahinda who sold his soul and the country to the Chinese and lined his pocket and oversaw murder and mayhem with this psychopathic brother Gothabaiya. As soon as he touched down the very first words he uttered was “megaprojects, “I wonder what he meant?

    • 2
      2

      If there is any nation that is so unlucky as its entire system is invaded and have fully taken control by a bunch of worst criminals working as agents for the SUPREME RULERS of the earth ( the Zionists)…then it must be, the none other than Sri Lanka. GOTABHAYA is a form of punishment which is being designed, engineered, modeled and demonstrated by the GOVIGAMA RULING ELITE MAFIA cabal against the poor tax paying citizens as a WARNING to keep anyone or anybody away from the GOVIGAMA Hegemony, the politico-military dominance of the land they renamed it as Sri Lanka to suit their evil plans. GOVIGAMA ELITES are dominating, lying, deceptive, brutal, criminal, violent and thieving dirty bastards who cant think straight but always crooked. The British moulded them to take over the system from them and to rule the dumb masses on behalf of them by keeping everyone under the strict control by manipulation and by inciting one against the other in its Divide & Rule strategy. Isn’t it why the entire ZIONIST club of Western countries have still not punished the SINHALA RACISTS the way they should have punished like the NAZI’s and other infamous racist entities got punished for Mass Murder & Crimes against Humanity. The present Govi system revived back the politically dead and the rejected lot of the Rajapakses to keep its BROTHERHOOD of EVIL alive as a safeguard. Thus, Ranil and Maithree prevented this Super Criminal Govi Bro-Gota being indicted on any case. “Evil Blood is thicker than an ordinary Lemon Juice…..” So, now this criminal slut is being presented as a Presidential hopeful to a laughing stock of the modern world- The Sinhala Buddhists. —to be contd….

    • 0
      1

      Sinhala Racism against the Muslims is the worst form of BETRAYAL by anyone who have BENEFITTED HUGELY from the GENEROSITY of the ARAB & MUSLIM countries who have supported this UNGRATEFUL SET OF PEOPLE throughout a span of more than FORTY years something that not even other poor countries did not enjoy. If this kind of longstanding ECONOMICALLY beneficial support running into BILLIONS of DOLLARS worth of boostings were given to some other third world countries, those people would WORSHIP the MUSLIMS for saving their life by ways of rescuing them from POVERTY. Sri Lankan economy resilient for years, was only due to this factor of having a steady flow of foreign revenue on which the CORRUPTED NATIONAL ECONOMY pays back 80% of its GDP incomes as LOAN REPAYMENTS to money borrowed from IMF/World Bank, from China and other International Banksters who are minting money on incapability of the BLOODY SINHALA RACISTS RULING ELITES who robbed the nation and put the burden on the TAX PAYING citizens. Now, this same criminal Racist lot want to BITE the Hand that feed them for 45+ years…meaning the Muslim World, by launching the Sri Lankan chapter of WAR on Islam with untold, sacrilege attacks and persecutions. They are so stupid and barbaric that the SINHALA RACISTS have gone too much far something that even the SWORN ENEMIES (Zionist Jews) have not directly done in the history of mankind. Champika, Gota, Sirisena, Gnanasara, Ashu Marasinghe alliance wants to hit on the Arabic language learning to destroy Islam in Sri Lanka after the economy, culture and religious traditions customs.

    • 0
      2

      The MADNESS of SINHALA RACISM engineered by the GOVIGAMA RULING ELITE MAFIA has many reasons and benefits to their clan. They, at present, are in full control of the system in its hegemonic rule and dominance in the holding onto to the power structure in the Politico-Military sphere. Also, their popularity among the general public have declined drastically owing to their murderous, corruption ridden conducts and attitudes throughout the last 70+ years. The Sinhala Racism or the nationalism is used to keep the masses busy fighting each other on its Divide and Rule strategy. There is a crisis struck in the “Govigama Ruling Elite” clan families. All of their experienced and criminal minded leadership figures are growing too old and closing in on the grave. Most of them have crossed the 70 mark in their ages and waiting the visits of the Angel of Death sooner. The young generation of Govi successors groomed and expected to take over the system after their fathers and uncles are lacking the FEROCITY, PSYCHOPATHIC, CUNNING MURDEROUS intents and THUG qualities to fight through the Sinhala political mass to be in the dominating top levels. So, the siblings of the current criminal GOVI Mafia members are being wooed to promote Racism against the MUSLIMS and the TAMILS on new Misadventures to train its kittens on how to hunt. Namal Rajapakse, Dilum Amunugama, Lohan Ratwatte etc are given the task of organising the Bull-Dogs of Sinhala Buddhism ( Gnanasara, BBS and its allied Sinhala Racist groups) to organise pogroms, riots, persecution and murder.

    • 0
      2

      The Alutgama/Beruwala riots against the Muslims were run by the Namal Team totally running it by being in the behind the screens. Lohan Ratwatte running the Digana riots and Dilum Amunugama playing in the Minuwangoda riots. Sinhala Racist Network is huge and it is bigger than any mainstream political parties that is in existence in the history of Sri Lanka. Because, in this racist network one could find UNP members, SLFP members, SLPP members, JVP, JHU, MEP, Wimal Weerawangse party, Gammanpila party, lawyers, doctors, Mahanayakes, Judges, Professionals, Govt servents, Private sector companies, ordinary folks forming as full time and part time volunteers ready to serve when the situation demands. Thus you find Sarath Fonseka, Ranjith Madduma Bandara, Ranjan Ramanayake, Ashu Marasinghe, FALOPPIAN RATHANA , CHAMPUKA Ranawaka from the UNP card coming out against the Muslims with strong persecutional ideas to control the freedom enjoyed by the Muslims for decades. They all shed their differences to attack Islam and the Muslims in the pursuit of satisfying their Zionist Masters in Tel Aviv in the WAR on ISLAM which is progressing at its height currently in Sri Lanka.

    • 0
      0

      Absolutely agree Nirmalan.
      This Country with decent folk were cursed with Egoistic psychos as rulers from Independence. India at the same time were blessed with intelligent secular Leadership.
      Now we are being intimidated into a situation of choosing between bird brained Lt. Colonel who kept sharks as pets in his Colombo7 home and a UNPer who will be a non starter, bootlicker Of RW. Or may be the sociopath himself!!!

  • 6
    0

    If GR has really received official confirmation that he is ni no longer a US citizen, why doesn’t he publish it?
    And, I lack the skill to express my feelings about the AG’s current action & the suspension of this case. Tho utterly mystified about voting for anyone in the coming elections, of one thing I am convinced — the thought of GR in charge makes me turn cold.

    • 2
      1

      ‘the thought of GR in charge makes me turn cold.’

      “Without the errors inherent in the postulates of morality, man would have remained an animal. But as it is he has taken himself to be something higher and has imposed stricter laws upon himself. He therefore has a hatred of those stages of man that remain closer to the animal state.”

      If we have the courage to conclude “morality” is just a puff of smoke ……….it’s easy to come to terms that this smiling man is a mass murderer and most probably will end up as the country’s leader, supported by all religious-hierarchies (could you just believe! :)) )

      The truth is stranger than fiction!

      It’s a constant battle between the humanities and science …………. expectations/comforting-assumptions of human-behaviour vs reality

      “Here lies the antagonism between the individual regions of science and philosophy. The latter wants, as art does, to bestow on life and action the greatest possible profundity and significance; in the former one seeks knowledge and nothing further — and does in fact acquire it.” — Nietzsche


      I have tried to talk science with Native and Ramona without much success ………….

      • 2
        0

        Put a blanket around you. That should keep you warm!!!!

        • 0
          0

          Got hurt a bit? A wee little bit, eh? :)))

          Glad to have helped!

          Makes my day. :))

  • 4
    5

    This whole lawsuit is a big fat nothingburger. If Premadasa could waste tax payers money to build his father’s memorial, if Chandrika could do the same for his deceased parents then what’s the big deal about this ? Either punish them all or punish none. This selective application of the law is for nothing but to stop him from getting elected to presidency.

    • 3
      1

      Why selected cases. Is this `Yahapalanaya`? Is this the democratic system? Select & file cases. What about Ravi K the former Finanace Minister who admitted that he recd 02 flats worth 160 Million as a bribe from Alloysius. What is the bribery Commissioner doing. Bribery Com should be charged for these lapses done as per Political pressure.

  • 4
    2

    No doubt the citizens of Sri Lanka take law into their own hands to settle scores. When we have judges like this what else can we expect. Its time the Chief Justice resign from his position.

  • 3
    1

    If Judges and Justice is in Right cause which that Western embassies and UNP leadership are behavior like mode of apishly; which do NOT wanted to accepts that fairness of Justice for GR?
    This is nothing else in by law terms of word claim of that as aphoristic.
    By that UNP set of lawyers version which so-called RULE OF LAW! And equality before law.!
    UNP leaders are stand for interpretation of Law by that think tank an advices by USA of CIA FBI and other as well. Therefor this is purely self hegemonies of UNP political stand..

  • 2
    0

    Good news for the silent majority. Ave Gota!

  • 1
    1

    The Rajapakse’s always operates against the law. So this is nothing new. They will survive as long as they play the corrupt echo system they set-up for themselves.

    They will fail only if the people wake-up stand against their motives. This also applies to the current and corrupt regime.

  • 0
    0

    Gota has got off the hook many times. What happens to the hook marks?
    In his heydays he will challenge “I dare you. Hook Me”
    But the much mellowed Gota pleads “Please Aluwihare. Let me off the hook yet again”
    That is a change indeed!

  • 1
    0

    With all this dissatisfaction with both main parties and contenders for President, why not all think out of the box and seriously to get someone completely devoid of political affiliation but with a definite agenda as President.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.