Misappropriation case accused acquitted

Two men accused of allegedly misappropriating the money of a Japanese national were acquitted by the Court of Appeal when the case was taken up before Justices D.J.de S Balapatabendi and Justice Eric Basanayake.

In this case Jagath Nalinda De Silva and his brother Sujith Kantha de Silva were accused of committing criminal misappropriation of Rs 4.6 million belonging to Hirishi Sayato. Jagath had been employed by Mr. Sayato for many years in Japan and when he was returning to Sri Lanka arrangements had been made to purchase a property in Mr. Sayato’s name for a hotel project. Rs. 4.6 million had been deposited in the bank in Kantha de Silva’s name. The transaction had fallen through and Mr. Sayato had come to Sri Lanka and complained to the Police regarding the alleged misappropriation.

The position of Jagath Nalinda was that since he had no valid visa to work in Japan his salary had not been paid and the money sent had to be appropriated for all dues to him. The Court of Appeal held that the misappropriation had not been established beyond reasonable doubt during the period specified in the indictment and that the money in fact belonged not to Mr. Sayato as an individual as the evidence revealed that a limited liability organisation named Sakura International had remitted the monies to the account of the 1st accused who had been employed in Japan without payment of salary.