The Court of Appeal today (18) has postponed further consideration of a petition filed by former Minister Nalin Fernando, who is currently serving a prison sentence, seeking the dismissal of an indictment filed against him by the Attorney General in connection with the controversial “Carrom Boards” case.
The case has been deferred until June 25, Ada Derana reporter said.
The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi. Appearing for the petitioner, President’s Counsel Ali Sabry, on the instructions of Attorney-at-Law Ramzi Bacha, informed the court that his client had already been convicted in a case filed by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) over the same incident and had been sentenced to 30 years of rigorous imprisonment by a three-judge bench of the Colombo High Court.
Counsel argued that despite the existing conviction, the Attorney General had instituted a separate case based on the same allegations. He maintained that prosecuting an individual twice for the same offence is contrary to the law.
The President’s Counsel further stated that although preliminary objections regarding the issue had been raised during the High Court proceedings, those objections had been dismissed by the trial judge.
Accordingly, the petitioner has requested the Court of Appeal to declare the indictment filed by the Attorney General unlawful and dismiss the charges.
Court ordered that the matter be called again on June 25, when the Attorney General is expected to present the position on the petition.
The case relates to allegations that, during the 2015 presidential election campaign, 14,000 Carrom boards and 11,000 checker boards were imported and distributed through Lanka Sathosa outlets for distribution to political offices of former President Mahinda Rajapaksa, causing an estimated loss of Rs. 39 million to the State. Based on these allegations, the Attorney General has filed a case before the Colombo High Court under the Public Property Act against Nalin Fernando.
