Daisy's Release Does Not Halt Case Against Yoshitha

COLOMBO (News 1st); The Colombo High Court today ruled that legal proceedings against Yoshitha Rajapaksa can continue in a case concerning alleged money laundering involving over Rs. 73 million, despite the release of co-accused Daisy Forrest on medical grounds.

The decision was delivered by High Court Judge Udesh Ranatunga, who rejected a preliminary objection filed by Rajapaksa challenging the continuation of the case.

The charges against Yoshitha Rajapaksa relate to the alleged acquisition of assets worth nearly Rs. 73.5 million between October 9, 2012, and August 29, 2013, in the Rajagiriya and Bambalapitiya areas, in violation of Sections 3(1) and 3(2) of the Prevention of Money Laundering Act.

Daisy Forrest, Rajapaksa’s grandmother and the second accused in the case, was released after the court considered medical reports stating that she was not mentally fit to stand trial.

The defence had argued that the case could not proceed without Forrest. However, in his ruling, High Court Judge Udesh Ranatunga clarified that her release was not an acquittal but a procedural step due to her condition.

Judge Udesh Ranatunga

Colombo High Court

“The second accused Daisy Forrest was released after considering medical reports indicating that she is not mentally fit to face trial. This was not an acquittal due to lack of evidence. Therefore, under Section 194 of the Code of Criminal Procedure, her release cannot be considered as an acquittal. It merely halts proceedings against her. Accordingly, there is no legal impediment to proceed with the conspiracy charge against the accused Yoshitha Rajapaksa.”

Following the ruling, the court ordered that the indictment against Rajapaksa be read in open court, after which he pleaded not guilty.

Presenting the opening statement for the prosecution, Deputy Solicitor General Janaka Bandara outlined the case, stating that the prosecution intends to prove that Rajapaksa unlawfully acquired five land parcels.

Deputy Solicitor General Janaka Bandara

“The prosecution intends to establish that the accused illegally acquired five land plots. These include properties valued at Rs. 35.99 million in Sirimal Uyana, Ratmalana, Rs. 4.5 million worth 12.04 perch property and Rs. 22.5 million propertiy in Dehiwala West Kawdana, a Rs. 3.5 million property, and a Rs. 4.5 million land in Mihindu Mawatha, Dehiwala.”

He further noted that four of the land plots in Attidiya , Kawdana were located adjacent to a property belonging to Shiranthi Rajapaksa.

Deputy Solicitor General Janaka Bandara also provided a  background on Daisy Forrest, who was named as an accused, and later released.

Deputy Solicitor General Janaka Bandara

"Daisy Forrest was born in 1928 in the Newburgh Estate in Ella. Her father was Robert Forrest. She had worked as a kitchen employee at Suleiman Hospital and later as a hostel matron at St. Thomas’ College between 1976 and 1985, earning a monthly salary between Rs. 2,300 and Rs. 7,300. She had not been employed after 1986 and had accumulated only Rs. 3,300 through the Employees’ Provident Fund. A person of this background would not have had the financial capacity to purchase properties valued at over Rs. 73 million.”

Further details regarding the financial position of Yoshitha Rajapaksa were presented before court by the Deputy Solicitor General as part of ongoing proceedings into the alleged acquisition of assets.

Deputy Solicitor General Janaka Bandara

“The accused was born in 1983. At the time of acquiring the five land plots, he was 25 years old. He joined the Navy as a cadet officer and rose to the rank of Lieutenant. Over Rs. 7.5 million earned as salary is in his National Savings Bank account, and that money has not been withdrawn. We intend to prove, through evidence, the income he earned as a rugby player and from the stock market. However, as a public servant, he did not have the financial capacity to acquire properties valued at over Rs. 73 million.”

Under the direction of Deputy Solicitor General Janaka Bandara, witnesses Madhuka Weerasinghe and Sanduni Asiri Pethiyagoda also gave evidence in court.

They acknowledged that they had been appointed to manage the assets of Daisy Forrest following a case filed at the Nugegoda District Court.

The witnesses stated that while they carried out property management duties, they were not aware of the full extent of Daisy Forrest’s assets.

Responding to a question raised by the Deputy Solicitor General on whether a bag of gemstones was among her possessions, the witness stated that she had no knowledge of such an item.

Further evidence in the case has been postponed until May 22.