The matter was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi, and was postponed until June 25.
Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, submitted that Fernando had already been convicted in a separate case filed by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) over the same incident. He noted that a three-judge bench of the Colombo High Court had sentenced Fernando to 30 years of rigorous imprisonment.
Counsel argued that the Attorney General had subsequently filed another case based on the same set of allegations, contending that prosecuting an individual twice for the same offence is inconsistent with the law.
He further informed the court that although preliminary objections had been raised before the High Court regarding the indictment, those objections had been rejected by the trial judge.
Through the petition, Fernando has requested the Court of Appeal to declare the Attorney General’s indictment unlawful and to dismiss the case.
The Court directed that the petition be taken up again on June 25, when the Attorney General is expected to present submissions in response.
The case stems from allegations that, during the 2015 Presidential Election campaign, 14,000 carrom boards and 11,000 checker boards were imported and distributed through Lanka Sathosa for political offices of former President Mahinda Rajapaksa, resulting in an estimated Rs. 39 million loss to the State. Based on these allegations, the Attorney General has instituted proceedings against Nalin Fernando under the Public Property Act before the Colombo High Court.
