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South Asia’s largest VAT scam: CA upholds conviction, sentences against three accused

13 December 2023 05:50 pm - 11     - {{hitsCtrl.values.hits}}

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Colombo, Dec 13 (Daily Mirror) - The Court of Appeal in its majority decision today affirmed the convictions and the sentences imposed on three accused in connection with South Asia’s largest VAT scam. 

The Colombo High Court had convicted and sentenced these three accused for committing criminal misappropriation of nearly Rs. 3.9 billion of Treasury money.

With Justice R. Gurusinghe agreeing, Justice Sampath Abeykoon in his judgment held that there is no reason to interfere with the conviction and the sentence of the High Court Judge of Colombo and dismissed the three appeals accordingly.

However, President of the Court of Appeal Justice Nissanka Bandula Karunaratne decided to acquit the three accused from all charges in the indictment while ordering to set aside the conviction and sentence dated September 26, 2014.

The High Court had sentenced the three accused-appellants to 20 years rigorous imprisonment with fines.
In the original case before the Colombo High Court, 14 accused were indicted on 34 charges including misappropriation of public funds amounting to Rs. 3.9 billion belonging to the Inland Revenue Department.
While the appeal was pending before the Court of Appeal, the 3rd accused passed away, and the 7th accused decided to withdraw his appeal.

Accordingly, the Court of Appeal delivered its judgment in respect of three accused, namely Mohammed Subair Fauzool Avami, Mohammed Moujool Ameer Irshad alias Mohammed Nazeer Cader and Mohammed Kamil Kuthubdeen.

These three accused were absent from the trial before the High Court, and the trial went ahead against them in absentia in accordance with the Code of Criminal Procedure Act. However, all three accused were represented by their Counsel throughout the trial.

The offences were said to have been committed between 15 November 2002 and 15 December 2004.

Senior Deputy Solicitor General Shanil Kularatne appeared for the Attorney General while Rienzie Arsecularatne PC, Kapila Waidyaratne PC, Zuhair PC and Counsel Mahendra Kumarasinghe appeared for the accused-appellants.


  Comments - 11

  • Bandula the Great Ever Wednesday, 13 December 2023 06:12 PM

    What a 'super' judge this Bandula is? Are all keeping their eyes shut due to political power? President should give him WeeraVibushana Medal for his supreme judgments, so many not bending to pressure , influence

    DOT Wednesday, 13 December 2023 06:50 PM

    News for us!

    Sambo Wednesday, 13 December 2023 08:23 PM

    How come the President of the Court of Appeal Justice wanted acquit them when they have stolen public money. Were you promised some black money to decide so.

    Prabhath Perera Thursday, 14 December 2023 06:56 AM

    The accused may be connected to Sri Lanka Cricketet... LOL

    Gb Wednesday, 13 December 2023 11:51 PM

    Why weren't they present at trial, to keep them quiet? Many officials are corrupt but they have backing of politicians, they must be scapegoats

    John Ranasinghe Thursday, 14 December 2023 01:38 AM

    I am sure that many people here in the comment sections are praising this judgment without knowing the background details of this case. Those who got convicted in the High Court and have not appealed their conviction it means they are guilt as sure. But those who had appealed their conviction are most likely victims of judiciary misdirection in High Court. The appellants surely do not have the luxury of living as the politicians in Sri Lanka and judges should consider the length of period that they have been in exile and should be allowed to return back home. I am sure most of the appellant does not have intentions of dying aboard. Bandula's decision to acquit the appellants is right, appellants should be given the liberty to return back to their home country and a chance to settle. No men should be deprived of their liberty unless if it is a murder case it should be taken into account.

    Ram Thursday, 14 December 2023 05:06 AM

    Since of late the President of CA has made a few judgements that have been questioned by the public. Something appear to be wrong somewhere

    Ruben Huling Thursday, 14 December 2023 05:33 AM

    Obviously there are s..m bags in the Judiciary system as claimed by many in the country. Bandula fits the category well.

    Aruna Wickramarachchi Thursday, 14 December 2023 07:14 AM

    When can we read the reasoning from the judges regarding their rulings...

    20 long years for final verdict Thursday, 14 December 2023 08:31 AM

    How many hyenas hiding behind political patronage is anybody guess!

    Mohommed Thursday, 14 December 2023 09:08 AM

    What about hedging scams?


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