The Court of Appeal on Wednesday granted permission for Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa, to proceed with a revision petition seeking to set aside a Colombo High Court order that allowed a conspiracy charge against him under the Prevention of Money Laundering Act to be maintained.
The Court of Appeal fixed the petition for consideration on June 16 following an extensive examination of the facts presented, Ada Derana reported.
The revision petition opens a new legal track for Yoshitha in the long-running Carlton Sports Network financing case. The Colombo High Court had earlier ruled that the prosecution’s conspiracy charge under the PMLA could proceed despite defence objections, a ruling the defence had described as overreach. The High Court case resumed in trial mode on May 14 after a not-guilty plea, with the next HC hearing postponed to June 10. The trial subsequently proceeded against the remaining accused with Daisy Forrest released.
Wednesday’s order means the High Court trial and the Court of Appeal revision will now run in parallel. The CA can either set aside the HC’s ruling — which would force the prosecution to drop or reformulate the conspiracy count — or affirm it, in which case the trial below continues unchanged.
The Colombo High Court on Thursday subsequently adjourned the money laundering case until July 9 after Deputy Solicitor General Janaka Bandara informed Judge Udesh Ranatunga of the Court of Appeal’s June 16 date, Newswire reported. The complainant told the Court of Appeal that evidence in the High Court case would not be led until then and asked that witnesses not be called; the High Court granted the request and directed witnesses to appear on July 9. The Attorney General has charged Yoshitha with unlawfully acquiring five plots of land valued at over Rs. 73 million under the Prevention of Money Laundering Act.
Yoshitha is separately under a travel ban issued by the Homagama Magistrate’s Court in a parallel Rs.17 million money-laundering matter. The two cases are factually unrelated but together place him under sustained judicial scrutiny.
Yoshitha is one of several second-generation Rajapaksas now facing active criminal proceedings, alongside his uncle Basil Rajapaksa, who has faced multiple arrests since late May.
Update — June 15: Court of Appeal hears preliminary submissions, fixes full hearing for June 16
The Court of Appeal on Monday heard preliminary submissions on Yoshitha’s revision petition and fixed the matter for a full hearing on Tuesday, June 16, NewsFirst reported. The bench comprises Justices Amal Ranaraja and Dr. Sumudu Premachandra.
Counsel Hafeel Fariz, appearing for Yoshitha, told the court that Daisy Forrest had initially been named as a co-accused alongside his client but was later discharged from the case. In those circumstances, he argued, proceeding with a “conspiracy” charge against Yoshitha alone would be contrary to the law.
Deputy Solicitor General Janaka Bandara, appearing for the Attorney General, countered that the conspiracy charge can be maintained even against a single accused. The Court of Appeal directed that the full hearing on this question of law will be conducted on Tuesday.
Sources: Ada Derana — Court of Appeal takes up Yoshitha Rajapaksa’s case; Newswire — Yoshitha Rajapaksa money laundering case postponed to July 9; NewsFirst — Appeal Court to Take Up Yoshitha Rajapaksa Case Tomorrow.
Update — June 16: Yoshitha appears before Court of Appeal for full hearing
Yoshitha Rajapaksa appeared before the Court of Appeal on Tuesday for the full hearing of his revision petition challenging the maintainability of the conspiracy charge filed under the Prevention of Money Laundering Act, Ada Derana reported. The matter is being heard before the bench of Justices Amal Ranaraja and Dr. Sumudu Premachandra fixed at Monday’s preliminary hearing.
Source: Ada Derana — Yoshitha Rajapaksa appears before Appeals Court, June 16.
Update — June 16: Court of Appeal to deliver decision on July 3
The Court of Appeal concluded hearings on Tuesday afternoon and announced that it will deliver its decision on July 3, Ada Derana reported. Attorney-at-Law Hafeel Farisz appeared for Yoshitha and Deputy Solicitor General Janaka Bandara represented the Attorney General; the same bench of Justices Amal Ranaraja and Sumudu Premachandra will hand down the verdict. The July 3 ruling will determine whether the conspiracy charge against Yoshitha under the Prevention of Money Laundering Act can be maintained, after his counsel argued that the count cannot legally stand once co-accused Daisy Forrest was discharged.
Source: Ada Derana — Court of Appeal to deliver decision on Yoshitha Rajapaksa’s petition on July 3.