Gammanpila acquitted in Rs.21Mn fraud case involving an Australian national

By Lakmal Sooriyagoda

The Colombo High Court yesterday ordered the acquittal and release of Pivithuru Hela Urumaya (PHU) leader Udaya Gammanpila, and another accused in connection with a case involving the alleged criminal breach of trust with regard to Rs. 21 million through a fraudulent share transaction.

Delivering judgement, High Court Judge Namal Balalle held that the prosecution had failed to prove the accused’s guilt beyond a reasonable doubt.

The Attorney General had filed an indictment against former Parliamentarian Udaya Gammanpila (second accused) for misappropriating Rs. 21 million, along with Sydney Jayasinghe, the first accused, in connection with the sale of Digital Nominees’ shares to another businessman. The Attorney General further charged that the alleged business transaction had taken place using a fraudulent power of attorney to sell shares belonging to Australian businessman Brian Shadick on or around September 26, 1996, and September 25, 1997.

The indictments had been filed under four counts for committing offences under Section 389 (criminal breach of trust), Section 456 (forgery of a valuable security), and Section 459 (using, as genuine, a forged document) of the Penal Code.

Shavindra Fernando, PC and Nalinda Indatissa, PC appeared for the defence. Deputy Solicitor General Yohan Abeywickrama appeared for the Attorney General.