Cabraal is discharged, not acquitted – Sudharshana
Attorney-At-Law Sudarshana Gunawardana has clarified the recent court ruling of the 2012 Greek Bond case, where former Central Bank Governor – Ajith Nivard Cabraal and 04 other defendants were released by the Colombo High Court last week.In a Facebook post, Gunawardana has pointed out that contrary to newspaper reports, Cabraal was not acquitted but discharged.
“Here’s what happened. Mr. Cabraal is currently released. Not acquitted as newspapers reported but discharged under section 67(1) of the Anti-Corruption Act. Accordingly, he is subject to the conditions set out in section 67(3). However, the defendant has not accepted those conditions. Failure to comply with the conditions does not constitute contempt of court. The defense’s argument was that the case could not be continued. If the conditions are not met with, the commission can re-prosecute if necessary. However, even in that fresh case, the burden of proof beyond reasonable doubt rests with the commission.”
