Avant-Garde case: HC rejects Gotabaya’s petition
February 2, 2018 12:01 pm
The Colombo High Court today rejected the petition filed by former Defence Secretary Gotabaya Rajapaksa seeking to discharge him from the Avant-Garde case.
The Bribery Commission had filed a case against 8 defendants including Rajapaksa accusing them of causing Rs. 11.4 billion in losses to the government by allowing Avant Garde Maritime Services (Pvt) Ltd to maintain a floating armoury.
Attorneys representing the former Defence Secretary had filed a revised petition with the High Court seeking a court order clearing them of the said charges.
The petition claims that the Director General of the Bribery Commission had failed to obtain permission in writing from the commission before filing the case and that therefore it was unlawful.
It states that the Colombo Chief Magistrate’s Court had rejected the request made by the eight defendants to clear them from all the charges in the Avant Garde case and requested the High Court to annul the decision of the magistrate.
However, Colombo High Court Judge Sampath Wijeratne pointed out that clear legal provisions have not been set making it mandatory for the DG to seek the approval of the Bribery Commission.
Therefore the court rejected the revision petition.