FCID prevented from acting against Gotabaya Interim order extended

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By 2017-12-07

By Kavindya Perera

The Stay Order issued by the Court of Appeal, on the Financial Crimes Investigation Division (FCID), preventing any action being brought against former Secretary of Defence Gotabaya Rajapaksa, over the misappropriation of public funds amounting to Rs 90 million, based on the Offences against Public Property Act, was extended till 15 December yesterday (6).

The Court of Appeal made this order having considered a petition submitted in this connection.

Deputy Solicitor General (DSG) Viraj Dayaratne, making submissions to the Court, charged that the petitioner had hidden certain...... the Court, charged that the petitioner had hidden certain

facts related to the case and that it was under such circumstances that the Court of Appeal had imposed an interim injunction till yesterday, in what, the DSG deemed, was a one-sided verdict.

The DSG requested the Court not to extend the interim injunction while the objections would be filed during the course of yesterday.

President's Counsel Romesh de Silva making submissions to the Court, on behalf of the petitioner, said that a stay order had already been imposed and the next step would be to begin a probe and thus requested the Court to extend the stay order till then, as the transaction in question was an absolute civil one.
A certificate under the Offences against the Public Property Act had already been filed before the Magistrate's Court, the PC stated.

Having taken all submissions into consideration, the Court of Appeal extended the stay order till 15 December and stated that on that date it will decide whether to order an investigation regarding the case or to further extend the stay order.

Former Defence Secretary Gotabaya Rajapaksa had filed a writ petition in the Court of Appeal on 27 November seeking an interim order preventing the Police from arresting him, while Inspector General of Police Pujith Jayasundera, Criminal Investigation Department Director Shani Abeysekera, Senior Deputy Inspector General of Police of the FCID Ravi Waidyalankara, Assistant Superintendent of Police of the FCID Kamal Paliskara and the Attorney General, were named as respondents.

The petitioner has stated that following an agreement signed between the D.A. Rajapaksa Foundation and the Sri Lanka Land Reclamation and Development Corporation, it had been decided to construct a memorial museum in honour of the late politician D.A. Rajapaksa while the estimated sum for its construction had been Rs 33 million.

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