Double whammy for Mahindananda, others : booked twice for same offence

Defence Counsel argues double jeopardy in Carrom Board Case  

Major General Nanda Mallawaarachchi, the third accused in the case, who testified as a prosecution witness in the initial case filed by the Bribery Commission has now been unexpectedly named as an accused by the Attorney General 

Mahindananda Aluthgamage and Nalin Fernando have already been sentenced to 20 years of rigorous imprisonment

By Lakmal Sooriyagoda  

Defence counsel in another case filed against three accused, including former Sports Minister Mahindananda Aluthgamage, in connection with the controversial carrom board transaction, yesterday informed the Colombo High Court that their clients cannot be tried twice for the same offence, in accordance with the law.  

Former Attorney General (Retired) Sanjay Rajaratnam, PC, and Nalin Ladduwahetty, PC, appearing for former Lanka Sathosa Chairman Nalin Fernando and former Sports Minister Mahindananda Aluthgamage, informed Colombo Chief High Court Judge Manjula Tilakaratne that initiating another case over the same incident constitutes a violation of the principle of double jeopardy, which prohibits a person from being tried or punished twice for the same offence. They submitted to court that their clients had already been convicted and sentenced over the same matter in a case filed by the Bribery Commission.  

Meanwhile, Saliya Pieris, PC, appearing for (Retired) Major General Nanda Mallawaarachchi, the third accused in the case, argued that his client, who testified as a prosecution witness in the initial case filed by the Bribery Commission has now been unexpectedly named as an accused by the Attorney General in this second case concerning the same incident.  

However, Deputy Solicitor General Madhawa Tennakoon, appearing for the Attorney General, informed the Court that the current case is based on a separate cause of action and involves different charges filed under the Public Property Act.  

In this case, the Attorney General has filed indictments against the three accused under four charges under the Public Property Act for the alleged misappropriation of Rs. 39 million during the 2014 Presidential Election, in connection with the purchase of 14,000 carrom boards and 14,000 draughts boards intended for distribution among sports clubs.  

Three accused were yesterday granted bail by the Colombo High Court after being served with indictments filed under four counts relating to Public Property Act.  

The Court ordered the three accused to be released on cash bail of Rs. 100,000 each, with two sureties of Rs. 2.5 million per accused, following the filing of indictments by the Attorney General. Meanwhile, defence counsel appearing on behalf of the accused informed court that they intend to raise preliminary objections, challenging the maintainability of the charges in the present case. The matter was fixed for September 4 to consider the preliminary objections.  

Mahindananda Aluthgamage and Nalin Fernando have already been sentenced to 20 years of rigorous imprisonment by the High Court Permanent Trial-at-Bar in a separate case filed by the Bribery Commission based on the same incident.  

Sanjay Rajaratnam, PC appeared for Nalin Fernando. Nalin Ladduwahetty, PC appeared for Mahindananda Aluthgamage and Saliya Pieris, PC with Counsel Sanjaya Marambe, Geeth Karunarathne and Pasan Karunarathna appeared for General Mallawaarachchi.