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| Saturday, 13 November 2004 |
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Politics | |
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| Cader refused bail by Sandasen Marasinghe The Colombo High Court yesterday refused bail to UNP Parliamentarian A. R. M. Abdul Cader in connection with the alleged Samurdi Funds misappropriation case, observing that the threats by the petitioner's supporters on police officers investigating into the matter could not be treated lightly. Colombo High Court Judge K. S. J. de Abrew also observed that the funds in question also constitute public property and Court could not be satisfied with the circumstances forwarded by the petitioner as exceptional. Abdul Hameed Mohammed Fahumy, son-in-law of Abdul Cader filed the petition citing Officer in Charge of the Corruption Investigation Unit of the Crime Division, Police Headquarters and the Attorney-General as defendants. The Order stated that the petitioner's argument was that the funds in question did not come under the Public Property Act. The court observed that according to Section 12 of the Public Property Act, the property belonging to Government Departments, Statutory Boards and Co-operative societies come under public property. The document by the Auditor General produced before court also does not prove that the funds in question was not public property. Court noted that the State Counsel had observed that the Samurdhi Trust Fund was financed by the government which invested Rs. 9 million on its establishment. The vouchers connected to this transaction were of the Samurdhi Ministry. Hence, the funds in question came under the Public Property Act and the Court could not accept the petitioner's argument. Court also noting that the petitioner had cited Cader's ill-health as a special circumstance for him to be granted bail observed that the petition itself stated that Cader was in active politics since 1988 and hence his ill-health condition could not be considered as special circumstances. The High Court which observed that threats by the petitioner's supporters on police officers investigating into the alleged misappropriation could not be considered insignificant, refused to grant bail. The petitioner in his application had stated that 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 for Rs. one million to provide 690 bags of samba rice for distribution at mosques and a cheque had been forwarded to Mahajana Stores, Gampola. However the mosques received less rice while certain mosques did not receive any and thereby the funds had been misappropriated. The petitioner stated that the Colombo Chief Magistrate remanded the suspect and refused to grant him bail. Senior State Counsel Achala Wengappuli and State Counsel Dinethi Liyanage appeared for the Attorney General. |
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