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Convicted ex mayor gets leave to appeal

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The former Kandy Mayor who was found guilty of having used for a personal purpose the funds allocated to attend an official workshop, was yesterday granted special leave to appeal by the Supreme Court.

A Bench comprising Chief Justice Asoka de Silva, Justices Saleem Marsoof and S.I. Imam listed the matter for hearing on February 2 next year. Former Kandy Mayor Kesara Senanayake cited the Attorney General and the Commission to Investigate Allegation of Bribery and Corruption as respondents.

President’s counsel C.R de Silva appeared for the petitioner while senior state counsel Gihan Gunatilake appeared for the respondents.

The Bribery Commission prosecuted Mr. Senanayake in respect of two counts — that whilst being Kandy Mayor he had obtained funds for the purpose of attending a workshop organized by International Union of Local Authorities but instead of attending the workshop he had toured Singapore with his wife and thereby causing the government a loss of Rs.185,185.56 and of thus obtaining an illegal benefit from the use of such an amount of money. Mr. Senanayake pleaded not guilty to the charges.

Colombo Chief Magistrate found him guilty and imposed a fine of Rs.100,000 each count and sentenced him to one year in jail suspended for five years in respect of Count 1 and three months in jail on Count 2.

When he appealed to the High Court, it affirmed the conviction and sentence imposed on him by the Magistrate’s Court. Mr. Senanayake then submitted an application in the Supreme Court for special leave to appeal.

In his latest appeal he is asking the Court to set aside the High Court order affirming the conviction and sentence imposed by the Magistrate’s Court and to set aside the conviction and sentence imposed by the Magistrate’s Court and to discharge and acquit him.

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