Sunday, 29 May 2016

Ex-Senior DIG, Ex-Crimes OIC re-remanded till June 09

(Published in Daily Mirror on 27/05/2016)

By Shehan Chamika Silva
 

Former Western Province Senior DIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera were ordered to be further remanded till June 9 over the Magisterial Inquiry relating to the murder of ruggerite Wasim Thajudeen by the Colombo Additional Magistrate Nishantha Peiris.

The former SDIG and the former Crimes OIC were remanded on charges of causing disappearance of evidence, fabricating false evidence, touching it to screen the offender and conspiring under the clauses of 189,198 and 296 of the Penal Code. Acceding to the request of the prosecution that the Mobitel Company was not supporting probe sufficiently by providing mobile phone details appropriately, the Magistrate ordered the Mobitel Company to provide certain mobile phone details relating to the inquiry immediately to expedite investigations.

Submitting a report of the preliminary inquiry conducted by the Sri Lanka Medical Council against Former JMO Ananda Samarasekara and two others on the allegation of missing body parts of the corpse of Thajudeen, the counsel appearing on behalf of the SLMC told the court that the council had charged the former JMO and others in a Professional Behavior Committee for further inquiry.

The Magistrate also directed the SLMC to report over the progress of the inquiry consistently to the court. Senior State Counsel, Dilan Ratnayake told the Court that the prosecution was conducting a sensitive investigation dedicatedly into the complex nature of the murder of Thajudeen, therefore, the CID needs appropriate time to work on the investigations.

Submitting a further report in Court, the CID informed the court that the former SDIG had interfered in closing the extracts of the case deceitfully, since he had not taken any appropriate actions as an experienced police officer to investigate on the deceased, Thajudeen’s wallet which was found after the accident from 3 kilo meters away from the place of the accident.

Appearing for the first suspect, former Crimes OIC, Sumith Perera, the Counsel Ajith Pathirana told the court that his client was prepared to provide a statement to the Magistrate over the inquiry under the ‘Power to record statements and confessions’ of section 127 in the Criminal Procedure Code. However the Magistrate told the suspect that he may have to satisfy the Magistrate if he was to make a statement independently on the next date.

Appearing for the second suspect, counsel Anil Silva PC moved that the offences stated in the ‘B’ report under the section of 190 and 198 of the Penal Code were bailable if the magistrate was satisfied to grant bail considering the other facts. And he also citing few precedents, and said that it was not fair to consider on the prosecution’s arguments in rejecting bail application as it cannot be seen that the suspect would interfere with witnesses in the inquiry or effect public peace.

The Magistrate rejecting the bail applications of the suspects held that the Court could apparently see the possibility of the witnesses being affected by the suspects if they were released on bail, as they were once powerful police officers with the capability of affecting the inquiry.

The Magistrate also held that under the section of 32 in the Penal Code, ‘Liability for act done by several persons in furtherance of common intention’, provides more broader provision to a magistrate to consider on remanding a suspect and he also considered the allegation under section 113 of the penal code, ‘conspiracy’.

The Magistrate also rejected the request of the defense counsel that to allow the second suspect, former SDIG to be examined by his private specialist Doctor at the prison and directed the defense to request the Prison authority first regarding any outside medical treatments and then tender the recommendation letter from Prison Medical Officer in court.

SDIG was in vicinity of Thajudeen's accident: CID

(Published in Daily Mirror on 24/05/2016)

By Shehan Chamika Silva


Former Western Province Senior DIG Anura Senanayake was remanded till May 26 by Additional Magistrate Nishantha Peiris over the inquiry of ruggerite Wasim Thajudeen’s murder.

The former SDIG was produced to the court after he was arrested by the CID on the charges of Causing disappearance of evidence, fabricating false evidence touching it, to screen the offender and conspiring under the clauses of 198 and 296 of the Penal Code.

The CID revealed in Court that according to a statement of an eye witness; the Senior DIG Senanayake had been in the vicinity of the accident site in civil attire on May 17, 2012 between 2.45 a.m. and 3.00 a.m. in another vehicle. The CID revealed in court that it had recorded a statement from an eye witness of the alleged accident of the ruggerite.

The prosecution also revealed that the former SDIG had ordered Narahenpita Crime and Traffic OICs to record the incident dishonestly as a fatal accident. The CID told that the father of the deceased, Wasim Thajudeen, was also informed by the former SDIG that the incident was merely a fatal accident but nothing on 18th of May, 2012. Appearing for the suspect, counsel Anil Silva PC moved a legal issue that the prosecution has no provision to put clause 296 of the penal code in ‘B’ report against the suspect, since the charges of fabricating false evidence cannot be linked into the punishment of murder on this particular incident.

And he also moved that the other offences and punishments stated in the ‘B’ report under the clauses of 190 and 198 of the Penal Code were bailable if the magistrate satisfied to grant bail considering the other facts. However, the Magistrate Peiris rejecting the bail application held that under the clause of 32 in the Penal Code, ‘Liability for act done by several persons in furtherance of common intention’, provides more broader provision to a magistrate to consider on remanding a suspect and he also ascertained that the prosecution has provision to suspect someone during an inquiry.

Saturday, 28 May 2016

Bribery case: Ex-SLPA chairman, two others granted bail

(Published in Daily Mirror on 28/05/2016)

By Shehan Chamika Silva

The Bribery Commission filed a charge sheet against former Sri Lanka Ports Authority (SLPA) Chairman Priyath Bandu Wickrama and two others on five counts for causing a Rs.65 million loss to the Government by deploying employees of the PA for non-existing duties between October 20, 2014 and January 7, 2015.

Colombo Chief Magistrate Gihan Pilapitiya released the suspects on two surety bails of Rs.5 million each and imposed a travel ban on the suspects.

The former chairman; Sanjaya Kumara and Mudiyanselage Nimal were present in court on a notice issued in connection with the inquiry conducted by the Bribery Commission on charges of deploying 319 SLPA employees for political activities during the presidential election. Counsel Kalinga Indatissa PC and Anil Silva PC appeared for the suspects.

The case was put off for September 28.

Shashi Weerawansa's passport case postponed

(Published in Daily Mirror on 28/05/2016)

By Shehan Chamika Silva

The case against former minister Wimal Weerawansa’s wife Sashi on charges of having obtained a passport by providing false documents to the Immigration and Emigration Department, was put off for September 30 on the basis that the Questioned Documents Examiner's report was still pending.

The CID told the court that it had completed investigations and was expecting the Attorney General’s advise on the matter.

According to the prosecution, the suspect had possessed two identity cards and two passports obtained by tendering forged documents.

She was in possession of two identity cards bearing numbers 675320233V and 715346469V and two passports bearing numbers N 1284124 and D 3642817

The CID initiated investigations on a complaint made by Hewapathiranage Chaminda Perera on January 23.

Friday, 27 May 2016

Thajudeen's Murder: CID says Mobitel Company not supporting probe

(Published in Daily Mirror on 27/05/2016)

By Shehan Chamika Silva

Former Western Province Senior DIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera were ordered to be further remanded till June 9 over the Magisterial Inquiry relating to the murder of ruggerite Wasim Thajudeen by the Colombo Additional Magistrate Nishantha Peiris.

The former SDIG and the former Crimes OIC were remanded on charges of causing disappearance of evidence, fabricating false evidence, touching it to screen the offender and conspiring under the clauses of 189,198 and 296 of the Penal Code.

Acceding to the request of the prosecution that the Mobitel Company was not supporting probe sufficiently by providing mobile phone details appropriately, the Magistrate ordered the Mobitel Company to provide certain mobile phone details relating to the inquiry immediately to expedite investigations.

Submitting a report of the preliminary inquiry conducted by the Sri Lanka Medical Council against Former JMO Ananda Samarasekara and two others on the allegation of missing body parts of the corpse of Thajudeen, the counsel appearing on behalf of the SLMC told the court that the council had charged the former JMO and others in a Professional Behavior Committee for further inquiry.

The Magistrate also directed the SLMC to report over the progress of the inquiry consistently to the court.

Senior State Counsel, Dilan Ratnayake told the Court that the prosecution was conducting a sensitive investigation dedicatedly into the complex nature of the murder of Thajudeen, therefore, the CID needs appropriate time to work on the investigations.

Submitting a further report in Court, the CID informed the court that the former SDIG had interfered in closing the extracts of the case deceitfully, since he had not taken any appropriate actions as an experienced police officer to investigate on the deceased, Thajudeen’s wallet which was found after the accident from 3 kilo meters away from the place of the accident.

Appearing for the first suspect, former Crimes OIC, Sumith Perera, the Counsel Ajith Pathirana told the court that his client was prepared to provide a statement to the Magistrate over the inquiry under the ‘Power to record statements and confessions’ of section 127 in the Criminal Procedure Code.

However the Magistrate told the suspect that he may have to satisfy the Magistrate if he was to make a statement independently on the next date.

Appearing for the second suspect, counsel Anil Silva PC moved that the offences stated in the ‘B’ report under the section of 190 and 198 of the Penal Code were bailable if the magistrate was satisfied to grant bail considering the other facts.

And he also citing few precedents, and said that it was not fair to consider on the prosecution’s arguements in rejecting bail application as it cannot be seen that the suspect would interfere with witnesses in the inquiry or effect public peace.

The Magistrate rejecting the bail applications of the suspects held that the Court could apparently see the possibility of the witnesses being affected by the suspects if they were released on bail, as they were once powerful police officers with the capability of affecting the inquiry.

The Magistrate also held that under the section of 32 in the Penal Code, ‘Liability for act done by several persons in furtherance of common intention’, provides more broader provision to a magistrate to consider on remanding a suspect and he also considered the allegation under section 113 of the penal code, ‘conspiracy’.

The Magistrate also rejected the request of the defense counsel that to allow the second suspect, former SDIG to be examined by his private specialist Doctor at the prison and directed the defense to request the Prison authority first regarding any outside medical treatments and then tender the recommendation letter from Prison Medical Officer in court.

Thursday, 26 May 2016

Alleged money laundering by MR's bodyguards: CID to persue bank records

(Published in Daily Mirror on 26/05/2016)

By Shehan Chamika Silva

Additional Magistrate Nishantha Peiris, permitted the CID to peruse the records of 72 commercial banks and financial institutions in connection with the inquiry, conducted under the Money Laundering Act, into the actions of three of former president Mahinda Rajapaksa's bodyguards -- Wanniarachchige Neville, Tissa Wimalasena and Gomin Ranasinghe.

Earlier, too, the CID had looked into into the bank records of the three bodyguards in connection with the money laundering inquiry.

Wednesday, 25 May 2016

Three women arrested with gold valued at Rs.60 mn remanded till June 06

(Published in Daily Mirror on 25/05/2016)

By Shehan Chamika Silva

Three Sri Lankan women, who were arrested by Customs with gold slabs and jewellery worth more than Rs.60 million at the Bandaranaike International Airport (BIA) on Monday (23), were ordered to be remanded till June 6 by the Colombo Additional Magistrate, Dulani Amarasekara.

The suspects were arrested by Customs Narcotics Control officers on duty at the Customs Green Channel, while they were trying to smuggle the gold into the country.

According to the customs sources, the two women were in wheel chairs to pretend that they were disabled, while the other woman came as a helper to them.

HC serves indictments on Rohitha Abeygunawardena

(Published in Daily Mirror on 25/05/2016)

By Shehan Chamika Silva

The remaining seven suspects, who were arrested over the alleged Indo-Lanka kidney racket, were ordered to be further remanded till May 31 by the Colombo Chief Magistrate yesterday.

Earlier, the main suspect, an Indian by named Vijini Giri Lakshman Kumar, had escaped from the Mirihana Detention Camp.

The Colombo Crimes Department (CCD) revealed that the fake rubber seals recovered from the suspects possession had been used to create illegal documents, which were then submitted to the private hospitals for kidney transplants to be performed.

Acceding to the request made by the CCD, the Magistrate directed the Director of the Private Hospital Development Division to permit the police to peruse the initial documents for the kidney transplants made at the private hospitals this year.

The CCD also told the court that it would get the AG's opinion about further legal action to be taken with regard to the high profile case.

The seven suspects thus remanded were, Kuppandali Ramachandran, Dogipathi Shri Niwas, Mohammad Isthiyan, Yadalapaari Vamis Krishna, Ragavendra Uppara, Nanda Krishor and Theppala Viki Raja.

Indo-Lanka kidney racket: Court allows CCD to persue documents of recent kidney transplants

(Published in Daily Mirror on 25/05/2016)

By Shehan Chamika Silva

The remaining seven suspects, who were arrested over the alleged Indo-Lanka kidney racket, were ordered to be further remanded till May 31 by the Colombo Chief Magistrate.

Earlier, the main suspect, an Indian by named Vijini Giri Lakshman Kumar, had escaped from the Mirihana Detention Camp.

The Colombo Crimes Department (CCD) revealed that the fake rubber seals recovered from the suspects possession had been used to create illegal documents, which were then submitted to the private hospitals for kidney transplants to be performed.

Acceding to the request made by the CCD, the Magistrate directed the Director of the Private Hospital Development Division to permit the police to peruse the initial documents for the kidney transplants made at the private hospitals this year.

The CCD also told the court that it would get the AG's opinion about further legal action to be taken with regard to the high profile case.

The seven suspects thus remanded were, Kuppandali Ramachandran, Dogipathi Shri Niwas, Mohammad Isthiyan, Yadalapaari Vamis Krishna, Ragavendra Uppara, Nanda Krishor and Theppala Viki Raja.

Tuesday, 24 May 2016

FB troll pleads guilty: released with warning

(Published in Daily Mirror on 24/05/2016)

By Shehan Chamika Silva


The suspect, who was remanded over threatening President Maithripala Sirisena, and Prime Minister Ranil Wickremesinghe in the social media, pleaded guilty at the Colombo Chief Magistrate’s Court.

The suspect pleaded guilty over the charges of intentional insult with intent to provoke a breach of peace and the criminal intimidation under Clauses of 484 and 486 of the Penal Code.

Colombo Chief Magistrate Gihan Pilapitiya discharged the suspect, Sumal Lakmana, a resident of Yakkala after delivering a stern warning over the alleged behavior.

Lakmana was remanded for 25 days after he was arrested by the CID at the Bandaranaike International Airport for allegedly making death threats to the President and the Prime Minister.

Friday, 20 May 2016

Magistrate Thilina Gamage interdicted

(Published in Daily Mirror on 2016.05.20)

By Shehan Chamika Silva


The Judicial Services Commission interdicted Colombo Additional Magistrate Thilina Gamage after he was named a suspect by the Attorney General over the alleged possession of an elephant without a valid licence, sources said.

Judicial Services Commission sources said it had informed Magistrate Gamage regarding his interdiction.

Recently, the CID had informed Mr. Gamage to appear at the CID following the Attorney General’s instruction.

However he informed the CID in a letter through his attorney, citing reasons for his inability to appear at the CID office.