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Diana Gamage trial to continue, judge rejects objection raised by lawyers
View(s):By Ranjith Padmasiri
The trial against former MP Diana Gamage, indicted on charges of presenting a forged birth certificate, will continue after Colombo High Court Judge Manjula Thilakaratne accepted evidence presented by the Attorney General and rejected a preliminary objection raised by her lawyers that there was no basis for continuing with the trial.
The indictment containing three charges was read out to Ms Gamage in open court, after which she pleaded not guilty to all of them.
Shanaka Ranasinghe, PC, who appeared with Nisith Abeysooriya for the accused, raised a preliminary objection arguing that the case had been filed after the time period stipulated by law to file the case had elapsed. He pointed out that when comparing the date mentioned in the charges and the date the indictments had been filed, it is clear that it has now been more than 20 years since the alleged incident took place. As such, there is no possibility of proceeding with the first and second charges, he told the court.
State Counsel Akila Dalpadadu, who led the prosecution along with State Counsel Ridmi Chandrasiri, countered that one cannot question the incidental matters at this time and that it can only be considered after the hearing of evidence is concluded. As such, she asked the court to reject the preliminary objection of the defence.
Judge Thilakaratne accepted the prosecution’s argument and rejected the defence’s preliminary objection. He noted that the accused will be acquitted if the evidence fails to establish guilt.
In evidence led by State Counsel Dalpadadu, retired Dehiwala Divisional Secretariat staff member R.D. Sumathipala testified that the signature under his name on the accused’s amended birth certificate bearing No. 4685 and dated December 11, 2003, was not his signature.
The hearing will continue on March 5.
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