Special HC serves indictments to Gotabaya Rajapaksa and six others

By Shehan Chamika Silva

Former Defence Secretary Gotabhaya Rajapaksa and six others who were indicted over the alleged misappropriation of public funds for the construction of the D. A. Rajapaksa memorial museum at Weeraketiya, were today released on bail by the  Special High Court after serving indictments to the suspects.

Each suspect was released on a cash bail of Rs.100,000 and two sureties of Rs.1 million each.

The indictments were handed over to the suspects and the case was postponed to October 9.

The seven accused were indicted by the Attorney General at the HC Trial-at-Bar under the Public Property Act and the Penal Code on charges of abusing public property

Accused Gotabaya Rajapaksa and six others were served with indictments on seven counts.

Counts stated in the indictments as follows:

First Count: Harshan de Silva (2), Bhadra Udulawathi(3), Sudammika Keshinda Attigalle(4), Saman Kumara Abraham Galappatti(5) and  Mahinda Saliya(6), who were members of the director board of the Sri Lanka Land Reclamation and Development Corporation (SLLRDC) were accused over spending SLLRDC money (public property), vested with their authority,  for a construction of D.A. Rajapaksa Memorial Auditorium in Weerakaetiya.

They were accused of dishonestly misappropriating Rs. 33, 900, 000 belonged to SLLRDC, during September 3, 2013 – February 4 2015, under section 113(a)-(conspiracy), section102-(abetment) and section 388- (Criminal breach of trust) of the Penal Code with section 5(1) of the Public Property Act.

Second Count: Five Accused who were liable under the first count, were also indicted under section 32- (Liability for an act done by several persons in furtherance of common intention), section 388 of the Penal Code by the prosecution.

Third Count: First accused, former Defense Minister Gotabaya Rajapaksa, was held liable by the prosecution for abetting the 1^st,2^nd,3^rd,4^th,5^th and 6^th accused to commit the alleged spending for the construction of D.A. Rajapaksa Memorial Auditorium in Weerakaetiya. He was accused under section 102- (abetment) and 388- (Criminal breach of trust) of the Penal Code with section 5(1) of the Public Property Act.

Fourth Count: Seventh accused, Shrimathi Mallika Kumari, was also indicted for the offence of abetment under section 102 and section 388 of the Penal Code with Section 5(1) of the Public Property Act.

Fifth Count: Accused, Harshan de Silva and Shrimathi Mallika Kumari were also held liable for allocating another sum of Rs. 5,989,333 belonged to the SLLRDC for the construction of the D.A. Rajapaksa Memorial Auditorium during November 28, 2014 – February 2, 2015. Duo was accused of dishonestly misappropriating the public property (money) under the section 5(1) of the Public Property Act with 113(a)- (conspiracy), section 102- (abetment), and section 388- (Criminal breach of trust) of the Penal Code.

Sixth and Seven Counts: Second accused Harshan de Silva, were also held liable for Criminal Breach of Trust under the section 388 of the Penal Code for the alleged spending of the amount Rs. 5,989,333 belonged to the SLLRDC during November 28, 2014 – February 2, 2015, while, seven accused Shrimathi Mallika Kumari was also held liable for the abetment over the offence committed during the same time period under the section 102, 388 of the Penal Code with the Public Property Act.

   

Public Property Act – Section 5 (1)

Any person who dishonestly misappropriates or converts to his own use any movable public property or commits the offence of criminal breach of trust of any movable public property shall be guilty of an offence and shall upon conviction be punished with imprisonment of either description for a term not less than one year but not exceeding twenty years, and with a fine of one thousand rupees or three times the value of the property in respect of which such offence was committed, whichever amount is higher.

Section 102 – Penal Code (abetment)

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

13A (conspiracy) – Penal Code

If two or more persons agree to commit or abet or act together with a common purpose for or in committing or abetting an offence, whether with or without any previous concert or deliberation, each of them is guilty of the offence of conspiracy to commit or abet that offence, as the case may be. A person within Sri Lanka can be guilty of conspiracy by

agreeing with another person who is beyond Sri Lanka for the commission or abetment of any offence to be committed by them or either of them, or by any other person, either within or beyond Sri Lanka, and for the purposes of this subsection as to an offence to be committed beyond Sri Lanka," offence " means any act which if done within Sri Lanka would be an offence under this Code or under any other law

Section 388 – Penal Code

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits " criminal breach of trust."