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Permanent High Court has no jurisdiction to hear case against Ali Roshan

8 March 2019 10:37 am - 0     - {{hitsCtrl.values.hits}}

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Hence the Court dismissed the case and discharged the accused 

By T.Farook Thajudeen, 

 
The Colombo Permanent High Court yesterday dismissed the case filed against seven accused for conspiring to possess four elephants without permits during the period between June 5, 2012 and August 31, 2015.  

The trial –at bar Judges Sampath Abeykoon, Sampath Wijeratna and Champa Janaki Rajaratna arrived at this decision following objections raised by Defence Counsel Anuja Premaratna PC who appeared on behalf of Samarappulige Niraj Roshan alias Ali Roshan who contended the decision of the Attorney General to indict the accused in the Special trial –at- bar High Court which was set up to hear cases involved with Special financial Crimes. The Counsel argued that the court has no jurisdiction to hear the case as the crimes committed by the accused does not come under the Financial Fraud to which the court was set up to hear cases involved with serious financial crimes and frauds. He also said that the accused were indicted under the Fauna and Flora Ordinance and Public Property Act.   


Hence the Court dismissing the case and discharged the accused Samarappulige Niraj Roshan, Wildlife Department officers Upali Padmasiri and Priyanka Sanjeewani, Gihan Dhammika, Chandana Kumara, S. Gamlath and Gamage Jayalath for conspiring to possess four elephants without permits between 5th June, 2012 and 31st August 2015.  


The Attorney General had filed indictments against the accused for conspiring to possess four elephants without permits .  It is alleged that the first accused Roshan alias Ali Roshan was the mastermind behind the racket where illegally caught wild elephant calves were caught and sold to third parties.


In this case the Attorney General has listed 15 productions and listed 30 witnesses including Professors of Peradeniya University Veterinary Department and two veterinary surgeons of the Wildlife Department to give evidence for the prosecution.    


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