

SC grants Kandy Mayor leave to appeal
The Supreme Court yesterday granted leave to appeal to Mayor of Kandy, Kesara Senanayake, who had appealed to the Supreme Court against a judgement of the Colombo High Court, which had ruled against him.
The High Court had confirmed a ruling of the Magistrate's Court, which declared that Senanayake was guilty on two counts, on charges of corruption, alleged by the Commission to Investigate Bribery and Corruption.
The first count was that Senanayake had obtained funds from the Kandy Municipal Council to attend a workshop on International Union of Local Authorities, Asian and Pacific Section, held in April, 2004, in Singapore. But he had not attended the seminar, instead toured Singapore with his wife. By doing so, the loss caused to the State of Sri Lanka was Rs. 185,185.86.
The second count was that Senanayake was guilty of obtaining illegal benefit of the same amount.
The Magistrate's Court on September 18, 2008, convicted him on both counts. A fine of Rs. 100,000/- was imposed for each count. In addition on the first count, a term of one year’s imprisonment suspended for five years was imposed.
In addition, a default sentence of two months imprisonment was imposed.
Senanayake next appealed to the High Court of the Western Province. The conviction was affirmed on August 28, 2009, by the High Court consequently, Senanayake appealed to the Supreme Court.
C. R. de Silva PC, appeared for Senanayake. Senior State Counsel, Gihan Kulatunga appeared for the respondents Bribery Commissioner and the Attorney General.
The Bench comprised the Chief Justice J. A. N. de Silva, Justice Saleem Marsoof and Justice S. I. Imam.
The appeal will be argued on February 2, 2010.