The Colombo High Court yesterday (14) ruled that there was no legal impediment to proceeding with the conspiracy charge against Yoshitha Rajapaksa in the case concerning the alleged unlawful acquisition of assets worth nearly Rs. 73 million.

Colombo High Court Judge Udesh Ranatunga rejected a preliminary objection raised by the defence, calling it baseless, and ordered that the indictments be read in open court.

Following the ruling, Rajapaksa pleaded not guilty to the charges.

The defence had argued that a conspiracy charge could not be maintained under Section 113(a) of the Code of Criminal Procedure Act unless two or more accused persons were present before court.

Although conspiracy charges were initially filed against two accused, including Daisy Forrest, she was later discharged under Section 194 of the Act on medical grounds.

However, the Court ruled that the discharge of one accused does not invalidate proceedings against the remaining accused, stating that established legal precedent allows the case to continue.

The Judge further clarified that Forrest’s discharge was not an acquittal, but was based on medical findings that she was unfit to stand trial.

The Court also held that there is no legal requirement for multiple accused persons to be physically present in order to sustain a conspiracy charge.

During the hearing, the prosecution alleged a significant mismatch between Rajapaksa’s known income and the value of the properties, stating that he was only 25 years old when the disputed assets were acquired.

Deputy Solicitor General Janaka Bandara also told court that Rajapaksa, a former naval officer, had limited declared income despite claims of additional earnings through rugby and stock market activities.

The prosecution further argued that neither Rajapaksa nor Forrest had sufficient financial capacity to legitimately acquire properties valued at over Rs. 73 million, citing their employment and income history.

The indictment alleges that between October 2012 and August 2013, assets worth about Rs. 73.5 million were unlawfully acquired in Rajagiriya and Bambalapitiya, including properties located near the residence of Shiranthi Rajapaksa.

The case was fixed for further evidence to be heard on May 22.