The Court of Appeal today dismissed without cost the petitions filed by former defence secretary Gotabaya Rajapaksa contesting the order of the Permanent High Court Trial-at-Bar, which is hearing the D.A. Rajapaksa Museum Case.
The Bench comprises Justices Achala Wengappuli and Arjuna Obeysekere.
The Apeal Court said the Permanent HC Trial-at-Bar was not a court of the first instance and that under Article 140 it had no jurisdiction and as such dismissed the application.
The petitioner filed a revision application and a writ application contesting the order of the Permanent HC Trial-at-Bar which is hearing the D.A. Rajapaksa museum case.
He cited the sitting judges of the Permanent High Court Trial-at-Bar, Sampath Abhayakoon (President), Sampath Wijeratne, Champa Janaki Rajaratne and the Attorney General as respondents.
Romesh de Silva PC With Ali Shabry PC, Sugath Caldera, Ruwantha Cooray and Harith de Mel instructed by Sanath Wijeyawardane appeared for Mr. Rajapaksa while Senior Deputy Solicitor General Milinda Gunatilleke and Deputy Solicitor General Dileep Peiris, Senior State Counsel Wasantha Perera and State Counsel Uthara Karunatilake appeared for the AG.
The Permanent HC Trial-at-Bar in its order had overruled the preliminary objection raised by the former Mr. Rajapaksa and six others accused in the said case.
Mr. Rajapaksa sought the Court to quash the order made by the High Court on February 20 rejecting his plea under and in terms of Judicature (amendment) Act No.9 of 2018.
He said the sitting judges did not give him an opportunity to be heard prior to the order of February 20. (S.S.Selvanayagam)