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.
Attorney-at-law Dr.Ranjith Fernando
appeared for the accused.