Ex-minister Basil Rajapaksa and Thiru Nadesan acquitted in Gampaha Malwana house case
Announcing the verdict, the presiding High Court judge said that the order was issued due to the failure of the prosecution to prove the allegations against the accused beyond a reasonable doubt.
The Attorney General's Department filed a case against Basil Rajapaksa and Thiru Nadesan during the period of good governance, alleging that they had embezzled public funds by buying a 16 acre land near the Kelani River in Malwana, Dompe, building a huge house and a swimming pool and running a farm.
The Attorney General's Department informed the court that an assessment carried out by the Attorney General's Department revealed that the value of the house as well as the swimming pool and all the properties built on the 16 acre land involved in the case was Rupees. 28 million.
However, while the case was being heard, former Minister Basil Rajapaksa stated in court that he had no ownership of the land.
Muditha Jayakody, who is currently the registered owner of the land which was purchased for Rupees. 64 million, also stated that he does not own the land.
Accordingly, the Pugoda Magistrate's Court ordered that the land and the house be sold at a public auction.
The court also ordered the Pugoda Magistrate to hand over the proceeds of the sale.
However, the Attorney General filed indictments against Basil Rajapaksa and Thiru Nadesan on May 3, 2017 in the Gampaha High Court on three indictments and the case was heard for more than five years.
Upul Kumara Ramawickrema, the contractor who built the house, who was called as the first witness by the prosecution on March 25, when the case was last heard, said he had not lodged a complaint with the Financial Crimes Investigation Division and that the signature on his statement could not be accepted.
On March 25, Deputy Solicitor General Shanil Kularatne, who was prosecuting the case, informed the High Court that there would be no further hearings in the case against Basil Rajapaksa and Thirukumaran Nadesan.
The President's Counsel, appearing for the defendants, asked the High Court to acquit their clients of the charges as the plaintiff had closed the case without further evidence.
Accordingly, the case was adjourned till today to announce the decision on whether to proceed with the case or not.
When the case was taken up today, the presiding High Court Judge Nimal Ranaweera announced the verdict of the case and ordered that the two accused be acquitted and released.
The presiding judge also stated that the order was issued due to the failure of the prosecution to prove the allegations against the accused beyond a reasonable doubt.
Accordingly, former Ministers Basil Rajapaksa and Thiru Nadesan were acquitted and released from the Malwana ownerless house case.
Both the accused were present at the hearing today and the lawyers of the Gampaha High Court had objected to the parking of their cars in front of the court premises.
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