September 04, Colombo (LNW): The Colombo High Court has firmly declined a request by legal counsel representing former Minister Nalin Fernando, seeking to excuse his client from appearing in court until the formal commencement of trial proceedings.
President’s Counsel Sanjay Rajaratnam, appearing for Fernando, argued that the former minister faced significant reputational damage due to ongoing media scrutiny and requested that he be permitted to remain absent until the trial was underway.
However, Chief High Court Judge Manjula Thilakaratne rejected the application, stating that all accused are generally expected to be present at every hearing, except under clearly justified and exceptional circumstances.
The case, filed under the Public Property Act, involves former Ministers Mahindananda Aluthgamage and Nalin Fernando, as well as the former Secretary to the Ministry of Sports, retired Major General Nanda Mallawarachchi.
The allegations relate to the suspected misappropriation of public funds totalling Rs. 39 million during a three-month period in 2014, linked to the procurement of 14,000 carrom boards and an equal number of draught boards, allegedly for distribution among local sports clubs.
When the matter was taken up in court, Aluthgamage and Fernando—both currently serving prison sentences in unrelated cases—were produced by prison authorities. Mallawarachchi, however, was not present. His counsel, President’s Counsel Nalin Ladduwahetty, submitted a medical certificate and similarly requested that his client be excused until the trial officially begins.
That request too was dismissed by the bench, which held that the medical documentation provided failed to meet the required standard to justify a non-appearance.
The judge reiterated the principle that attendance at all stages of criminal proceedings is not only a procedural obligation but a fundamental element of ensuring transparency and accountability, particularly in cases involving the alleged misuse of state resources.
The court has now scheduled the next hearing for October 10, when the trial is expected to formally proceed. All accused have been ordered to remain available for future proceedings, with any further requests for exemption to be subject to strict scrutiny.
