The civil defamation case filed by Defence Secretary Gotabhaya Rajapaksa against the publisher of the Leader Publications was taken up before Mt. Lavinia District Court Judge Mohomed Mackie on Thursday.

The plaintiff, Defence Secretary Gotabhaya Rajapaksa, is seeking compensation of Rs. 1 billion and the cost of litigation from the publisher of the Leader newspaper for an article published on February 15, 2007 alleging that four un-airworthy MIG-27 aircraft purchased from Ukraine for the SL Air Force in 2006 were procured contrary to tender procedures.

In addition, the plaint states that the articles alleged that the deal entailed a loss of US$ 10.78 million to Sri Lanka.

The plaint contends that the article was published with ill intentions with a view to tarnish the reputation and public trust of the plaintiff.

Air Commodore Kumarasiri, giving evidence led by Attorney at Law Ali Sabry, instructed by Attorney at Law Sanath Wijewardena, appearing for the plaintiff, said that the four MIGS were procured by the Government from Ukraine Exports entity via D. S. Alliance, a Singapore based middleman (Company).

The procurement had been approved by a technical evaluation committee and thereafter by a Cabinet sub committee.

The procurement was forwarded to the government through the Defence Secretary. The government accepted the price offered by Ukraine Exports. An agreement to this effect was signed between the Ukrainian Government and the Sri Lanka government.

Attorney at Law M. A. Sumanthiram, raising a preliminary objection, submitted that the plaint was filed in the English language which is not a Court language as both Sinhala and Tamil were accepted as Court languages by the Constitution.

The plaintiff contended that a Sinhala transcript was annexed. The Court rejected the objection raised by the defence.

Attorney at Law for the plaintiff raised 44 issues seeking answers.

Ten issues were raised by the Defence also seeking answers.

The case was adjourned till January 19.