Legal Proceedings in Sri Lanka Over Alleged Misuse of Public Funds
The Colombo High Court has issued a directive requiring the Criminal Investigation Department (CID) to submit specific documents related to a case involving former ministers and a senior official. The order mandates that these documents be provided to the Court Registrar within one week from the date of the ruling. The documents pertain to a legal case filed against three individuals: Mahindananda Aluthgamage, Nalin Fernando, and Major General (Retd) Nanda Mallawarachchi.
This case centers around allegations of violating the Public Property Act. The accused are accused of importing Carrom boards and Draught boards during the 2014 Presidential Election period and distributing them to sports associations with the intent of gaining political advantage. The court has emphasized the need for all relevant documentation to be presented, whether in the possession of the CID or as original copies.
In addition to the CID, the Registrar of the Colombo High Court Trial-at-Bar was also ordered to ensure that any documents related to the case, if currently under consideration by the Colombo Permanent High Court Trial-at-Bar Bench, are submitted within the same timeframe.
The case was brought before Judge Manjula Thilakaratne of the Colombo High Court. The judge’s decision followed submissions made by Deputy Solicitor General Madhava Tennakoon, who represented the Attorney General. The case was called into open court following a motion filed by the Attorney General.
During the hearing, Deputy Solicitor General Madhava Tennakoon highlighted that some documents crucial to the case were located in a file related to another case being heard by the Colombo Permanent High Court Trial-at-Bar. He argued that these documents needed to be properly examined and transferred to the current court for a thorough investigation.
Representatives of the defense, including President's Counsel Nalin Ladduwahetti and Sanjay Rajaratnam, raised concerns about the lack of 43 essential documents required to proceed with the case. They questioned how the Attorney General could have initiated the case without these materials. In response, President's Counsel Ladduwahetti expressed his opposition to the request for additional documents.
After reviewing the arguments from both sides, the court affirmed its responsibility to ensure a fair and just trial for both the prosecution and the defense. Based on this, the judge decided to issue an order compelling the submission of the relevant documents to the court.
The case is scheduled for September 4, when the summoned documents will be handed over to the defense. The Attorney General has filed an indictment against the accused, alleging violations of the Public Property Act. According to the indictment, the accused are alleged to have misappropriated over Rs.3.9 million in the purchase of 14,000 Carrom boards and 14,000 Draught boards for sports clubs between September 1 and December 31, 2014.
On May 29, the Colombo Permanent High Court Trial-at-Bar sentenced former Sports Minister Mahindananda Aluthgamage to 20 years of rigorous imprisonment and former Trade Minister Nalin Fernando to 25 years of rigorous imprisonment. This sentence was imposed in a case related to the Carrom board transaction, which was investigated by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The trial is expected to involve 42 witnesses and 11 productions. Deputy Solicitor General Madhava Tennakoon represents the Attorney General, while President's Counsel Sanjay Rajaratnam, Nalin Ladduhetti, and Saliya Peiris represent the defense. The court continues to oversee the proceedings, ensuring that all legal requirements are met throughout the process.