The Supreme Court today decided to dismiss the petition filed by the Attorney General against the former Defense Secretary Gotabhaya Rajapaksa for allegedly misappropriating state funds for the construction of the D.A. Rajapaksa Museum.
The decision of the petition filed by Gotabhaya Rajapaksa was issued by the five-judge bench of the Supreme Court with majority agreement.
The petition was taken up for consideration by a five-judge bench comprising Sisira de Abrew, Priyantha Jayawardena, Prasanna Jayawardene, Vijith Malalgoda and LTB Dehideniya.
President’s Counsel Ali Sabry, appearing on behalf of Gotabhaya Rajapaksa, said that the conspiracy charges against the defendants in the case were flawed and that the allegations were vague.
Responding to this, Deputy Solicitor General Viraj Dayaratne said that the first conspiracy charge filed in the case relates to all the seven accused and that there is no ambiguity in the charge sheet as the duration of the indictment has been specified.
After considering the facts, the five-judge panel chairman, Justice Sisira de Abrew, said that the decision would be rejected by the panel of judges with the concurrence of the majority.
The chairman said that there was no reasonable legal basis to hear the petition.
Meanwhile, another appeal filed by Gotabhaya Rajapaksa is scheduled to be called before the Supreme Court on October 1, seeking a verdict that the three-member special High Court has no jurisdiction to hear the case.
The Supreme Court has ordered the suspension of the trial of the three-member Special High Court.
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