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| Friday, 5 November 2004 |
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| Abdul Cader case: HC directs petitioner to forward written submissions by Sandasen Marasinghe Colombo High Court Judge Sisira de Abrew directed the petitioner yesterday to forward written submissions on November 10 when the bail application in respect of UNP Parliamentarian A.R.M. Abdul Cader on an alleged charge of misappropriation of state funds, which comes under Public Property Act was taken up for hearing. Abdul Carder Son-in-law Abdul Hameed Mohamed Fahumy filed the petition citing the Officer In Charge (OIC) of the Corruption Investigation Unit of Crime Division, Police Headquarters and the Attorney-General as defendants. Presidents Counsel K. N. Choksy submitted that the Samurdhi fund is not a public property but operated under a trustee which is maintained by the Trust Fund over which the government has no control. Hence the offence committed by Abdul Cader did not fall under the Public Property Act.Therefore the MP can be granted bail. Senior State Counsel Achala Wengappuli submitted that the Samurdhi Trust Fund was financed by the government in a sum of Rs. 20 million. Therefore the Samurdhi fund is public property. Accordingly the Rs. 1 million cheque released to Cader represented state funds and the vouchers in this respect, bore the government seal. Therefore the offence committed by Abdul Cader comes under the Public Property Act. Senior State Counsel Achala Wengappuli also submitted that the Court should be satisfied with the exceptional circumstances forwarded by the petitioner to grant him bail. The petitioner stated that Abdul Cader was taken into custody by the Police Special Investigation Unit on August 10, 2004 on an allegation that he forwarded a letter to former Samurdhi Minister S. B. Dissanayake requesting payment from the Samurdhi Social Development Trust Fund of Rs one million to provide 690 bags of samba rice to distribute at Mosques and that a cheque had been forwarded to the Mahajana Stores and that some mosques received less rice while certain mosques did not receive any and thereby misappropriated state funds. Further the petitioner stated that the Colombo Chief Magistrate remanded the suspect and refused to grant him bail. The petition prayed to issue notice on the respondents, to call for and examine the case record in Colombo Magistrate Court, to set aside the order refusing the bail made by the Magistrate and to enlarge the suspect on bail on any condition. Senior State Counsel Achala Wengappuli, State Counsel Miss Dinethi Liyanage appeared for the Attorney General while Presidents Counsel K. N. Choksy and Presidents Counsel M. L. M. Ameen appeared for the petitioner. |
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