The Supreme Court has decided to postpone the examination of the appeals filed by former Ministers Mahindananda Aluthgamage and Nalin Fernando against their prison sentences until today (10). 

The appeals were taken up yesterday before a five-Judge Bench headed by Chief Justice Preethi Padman Surasena. The Bench also comprised Justices Shiran Gunaratne, Achala Wengappuli, Arjuna Obeyesekere and Sampath Abeykoon.

During the proceedings, President’s Counsel M.U.M. Ali Sabry, appearing on behalf of Fernando, commenced his submissions. Further arguments by President’s Counsel Sabry are scheduled to be presented today, following which a team of lawyers including President’s Counsel Ramesh de Silva is expected to make submissions on behalf of Aluthgamage. Accordingly, the hearing of the appeals will continue today before the same five-Judge Bench.

Fernando and Aluthgamage were convicted by the Colombo Permanent Trial-at-Bar on charges that, during the 2015 Presidential Election period, 14,000 carrom boards and 11,000 draught boards were imported through the Sathosa institution and distributed, causing a loss of over Rs. 53 million to the Government. Aluthgamage was sentenced to 20 years’ rigorous imprisonment, while Fernando was sentenced to 25 years’ rigorous imprisonment.

Making submissions before the Supreme Court yesterday, President’s Counsel Sabry contended that Fernando had not been involved in the decision to import the sports goods or in the related procurement process. He further alleged that the investigation forming the basis of the case lacked independence and was entirely political in nature.

He submitted that none of the charges against his client had been proved beyond reasonable doubt. The President’s Counsel told the court there was a separate three-member procurement division within Sathosa responsible for the purchase of goods and that Fernando, as Chairman, was not a member of that division.

He stated the letter of credit for the importation of the goods had been opened on the instructions of the Deputy General Manager of the procurement division, and that Fernando had only placed the second signature on the document in his capacity as Chairman. According to the submissions, three suppliers had submitted bids and the Indian supplier who offered the lowest bid had been selected by the procurement committee.

President’s Counsel Sabry further told court that no evidence had been led to establish that Fernando had been involved in the distribution of the goods to sports clubs or schools. He alleged that officers connected to the procurement process and officials of the Sports Ministry had not been investigated, and that the investigations had focused solely on the two accused.

The court thereafter ordered the hearing of the appeals be continued today (10).