Colombo High Court Judge Udesh Ranatunga has fixed 26 November for the trial to resume in the money laundering case against Yoshitha Rajapaksa, after the defence told the court on Thursday that he was unwell.
The case was listed for further evidence on Thursday. President’s Counsel Sampath Mendis, appearing for the accused, said his client had a back-related medical condition and could not attend, and submitted a medical certificate to the court.
Deputy Solicitor General Janaka Bandara, appearing for the prosecution, said the prosecution had expected to finish presenting its evidence on Thursday. He told the court that only three prosecution witnesses remain and that the prosecution intends to call all three on the next date.
After considering the submissions, the Judge fixed 26 November for the resumption of the trial and directed the witnesses to appear on that date.
The Attorney General filed the case under the Prevention of Money Laundering Act. The indictment alleges that Yoshitha Rajapaksa acquired assets by unlawful means, by spending more than Rs. 730 million to buy five parcels of land in Dehiwala and Ratmalana. The allegations have not been proved, and the accused has not been found guilty of any offence.
Background
The Prevention of Money Laundering Act makes it an offence to acquire, hold or move property that comes from unlawful activity. In such cases the prosecution must show to the court that the property was obtained with money from an unlawful source. The accused is presumed innocent until the court decides otherwise.
Cases of this kind are heard in the High Court, where the prosecution presents its witnesses first. After the prosecution closes its case, the court decides whether the accused must make a defence. That is why the number of witnesses left matters: the prosecution has told the court that three remain.
Yoshitha Rajapaksa is the son of former President Mahinda Rajapaksa. The case is one of several legal proceedings involving members of the Rajapaksa family that have come before the courts in recent years.
What it means
The postponement means the case will not move to its next stage until after 26 November at the earliest. If the three remaining witnesses give evidence on that date, the prosecution could close its case, and the court would then consider the next step in the trial.
For the public, the case is a test of how Sri Lanka’s courts handle allegations of unexplained wealth under the money laundering law. Any ruling will come only after the evidence has been heard in open court.
