Colombo High Court rejects medical, media excuses in public property misuse case

By Bhagya Silva

Colombo, Sept. 4 (Daily Mirror) – The Colombo High Court today rejected a request by President’s Counsel Sanjeewa Rajaratnam, appearing for former Minister Nalin Fernando, that his client be allowed to appear only after the commencement of trial due to adverse media publicity.

Colombo Chief High Court Judge Manjula Thilakaratne stressed that except in rare circumstances, all accused must be present at every hearing.

The case filed under the Public Property Act against former Ministers Mahindananda Aluthgamage, Nalin Fernando, and former Sports Ministry Secretary, retired Major General Nanda Mallawarachchi, was accordingly fixed for October 10.

When the matter was taken up, Mahindananda Aluthgamage and Nalin Fernando, who are already serving prison sentences in other cases, were produced before open court by prison officers.

Nanda Mallawarachchi was not present. Appearing for Mallawarachchi, Counsel Sanjay Marambe and Geeth Karunaratne submitted a medical report and sought permission for his client to appear only once the trial formally begins.

The court rejected this request as well, holding that the medical documents submitted were insufficient to substantiate the claim of illness.

The Attorney General has charged the accused with offences under the Public Property Act, alleging that between September 1 and December 31, 2014, they had misappropriated Rs. 39 million in connection with the purchase of 14,000 carrom boards and 14,000 draught boards for sports clubs.

President’s Counsel Nalin Ladduhetti appeared for Mahindananda. President’s Counsel Sanjeewa Rajaratnam appeared for Nalin Fernando, while Counsel Geeth Karunaratne, Pasan Karunaratne and Sanjay Marambe appeared for Mallawarachchi, representing President’s Counsel Saliya Peiris.

Deputy Solicitor General Madawa Thennakon appeared for the Attorney General’s Department.

The case will be taken up again on October 10.