26 July 2019 12:20 am
The Supreme Court yesterday directed the Special High Court to stop hearing further evidence over the D.A. Rajapaksa Museum case against former Defence Secretary Gotabaya Rajapaksa and six others till the Supreme Court decided on the appeal made by the Defence over the Jurisdiction of the Special High Court to hear it.
The Supreme Court will take up the appeal again on October 1, 2019. The order was given by a three judge bench comprising Supreme Court judges Buvaneka Aluvihare, Gamini Amarasekera and S. Thurairajah.
The Attorney General’s Department filed indictment against Former Defence Secretary Gotabaya Rajapaksa and six others over alleged misappropriation of Rs. 33.9 million of state funds in the construction of the D.A. Rajapaksa memorial in Medamulana, Hambantota.
The preliminary objections filed by Mr. Rajapaksa over the jurisdiction of the Special High Court to hear the case was rejected by the court. Thereafter a revision application was filed before the Appeal Court seeking a declaration that the rejection of preliminary objections was illegal. The Appeal Court dismissed the application stating it did not have the jurisdiction to hear it.
The Supreme Court yesterday heard the appeal filed by Gotabaya Rajapaksa challenging the order of the Court of Appeal. Following the submissions made by President’s Counsel Romesh De Silva who appeared for Gotabaya Rajapaksa, the three judge Supreme Court bench granted leave to hear the appeal on October 1. The bench issued an interim order stopping the hearing of evidence in the Special High Court case.
President’s Counsel Romesh De Silva with Sugath Caldera instructed by Sanath Wijewardana appeared for the petitioner while Deputy Solicitor General Milinda Gunatilleka appeared for the Attorney General.
The order was given by a three judge bench comprising Supreme Court judges Buvaneka Aluvihare, Gamini Amarasekera and S. Thurairajah