The Yoshitha Rajapaksa petition challenging a conspiracy charge in a money laundering case has been rejected by Sri Lanka’s Court of Appeal.
The Yoshitha Rajapaksa petition challenging the legal basis of a conspiracy charge against him has been rejected by Sri Lanka’s Court of Appeal.
The court on Friday, July 3, struck down the revision petition filed by Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa.
Through the petition, he sought a ruling that the conspiracy charge filed against him by the Attorney General before the Colombo High Court could not be maintained. The case was filed under the Prevention of Money Laundering Act.
Court of Appeal Judge Amal Ranaraja delivered the ruling after examining the revision petition. Court of Appeal Judge Dr. Sumudu Premachandra concurred with the decision.
Court Rules Conspiracy Charge Is Lawful
Delivering the ruling on the Yoshitha Rajapaksa petition, Justice Amal Ranaraja addressed the central argument raised by the petitioner’s lawyers.
The petitioner’s side argued that prosecutors initially filed the conspiracy charge against two defendants in the High Court trial. However, authorities later released one of the female defendants from the proceedings.
The petitioner therefore argued that prosecutors could no longer maintain the conspiracy charge against him alone.
Justice Ranaraja rejected that position.
“The charge of ‘conspiracy’ can be filed against a defendant even if it was committed together with a party not before the court. It is not necessary for two defendants to be before the court for that. The argument that the charge of ‘conspiracy’ cannot be maintained against only one defendant is not acceptable,” the ruling stated.
The judge further held that the charge filed against the petitioner before the High Court was lawful.
“Accordingly, the relevant charge filed against the petitioner before the High Court is lawful. The order given by the High Court Judge to maintain it is correct,” Justice Ranaraja stated in the ruling.
Accordingly, the Court of Appeal struck down the revision petition filed by Yoshitha Rajapaksa.
What Happened Earlier in the Yoshitha Rajapaksa Petition?
The Court of Appeal previously heard arguments on the Yoshitha Rajapaksa petition on June 16.
Attorney Hafeel Faris, appearing for Yoshitha Rajapaksa, told the court that the Attorney General had filed a conspiracy charge against his client and a female defendant named Daisy Forrest.
The Attorney General filed the case before the Colombo High Court under the Prevention of Money Laundering Act.
Faris pointed out that the Attorney General later took steps to release Daisy Forrest from the case.
Accordingly, the lawyer argued that prosecutors could not maintain the conspiracy charge against Yoshitha Rajapaksa alone. He based his argument on the fact that the original charge involved two people, while one had subsequently been released.
The lawyer also told the Court of Appeal that the defence had previously raised preliminary objections before the Colombo High Court.
Those objections challenged the legal basis for maintaining the relevant charge against his client. However, the High Court Judge rejected the preliminary objections.
Therefore, the lawyer asked the Court of Appeal to revise the High Court Judge’s decision.
State Defends High Court Decision
Deputy Solicitor General Janaka Bandara responded to the defence arguments and maintained that the High Court Judge had acted lawfully.
He told the Court of Appeal that the decision allowing the conspiracy charge to continue was legally valid.
The Deputy Solicitor General also addressed the circumstances surrounding Daisy Forrest’s release from the proceedings.
He stated that doctors had recommended that Daisy Forrest, the second female defendant named in the Colombo High Court case, was not in a fit mental state to face trial.
Therefore, the Deputy Solicitor General argued that her release did not make the charges against Yoshitha Rajapaksa unlawful.
He maintained that the allegations that the petitioner had conspired with her remained lawful and could continue before the High Court.
After considering the submissions presented by both sides, the Court of Appeal bench delivered its ruling on Friday. The court rejected the legal arguments advanced in the Yoshitha Rajapaksa petition and upheld the High Court’s decision to maintain the conspiracy charge.
