Five Bribery cases: Johnston and two others granted bail

By Shehan Chamika Silva

Former Minister Johnston Fernando and two others were released on bail by the Colombo Chief Magistrate over five cases filed by the Bribery Commission on the charges of deploying employees of the Cooperative Wholesale Establishment (CWE) for political activities from 2010 to 2014 and causing a loss of Rs.40 million to the government.

The Commission alleged that the suspects had committed the offence of Corruption under section 70 of the Bribery Act by deploying 152 employees of the CWE for political activities by paying them additional wages worth Rs.40, 121,055 from the CWE.

The suspects, former Minister Johnston Fernando, Eraj Fernando (former Chairman) and Mohammad Shakir ( former working director) were released on Rs. 50,000 cash bail for each five cases with two sureties worth five million each for every case by Chief Magistrate Gihan Pilapitiya.

After the suspects pleaded pleading not guilty to the charges, the magistrate put off the cases for October 27.

Earlier on May 19, the Bribery Commission filed five cases against the suspects and they were then noticed to appear in court yesterday to respond on the charges.

Money Laundering inquiry on Gowers Corporation of Namal Rajapaksa: Name the suspects: Magistrate directs FCID

By Shehan Chamika Silva

Colombo additional Magistrate directed the FCID to name the relevant suspects immediately over the inquiry conducted by the FCID over the allegation of purchasing shares worth 125 million from a company named Hello Corp by the Gowers Cooperation, allegedly headed by the Namal Rajapaksa, from ill gotten funds.

The magistrate gave the directive when the FCID informed the court that there were two individuals with preparation to provide statement under the section 127 of the Criminal Procedure Code.

However, the Magistrate instructed the prosecution to name the suspects first in order to seek such provision in the inquiry.

The FCID conducted the inquiry on the complaint lodge by the VAC against the Gowers Cooperation under the Money Laundering Act.

The FCID filing a further report informed the court that it had recovered 17 documents pertaining to the inquiry from the search deployed by the FCID in CSN on May 24, 2016.

They also informed the court that it had sent the extracts of the inquiry to the Attorney General for his opinion.

FCID further stated in the report that the Attorney General had instructed them to arrest suspects into the inquiry appropriately if they have sufficient evidence to name as suspects.

Further inquiry was put off for July 28.      

Bribery Commission goes to SC against Namal

By Shehan Chamika Silva

The Director General of the Bribery Commission  filed a complaint against former President's son and MP Namal Rajapaksa in the Supreme Court under the Section 20 (3) c of Bribery Act, ‘Contempt of Commission’, for disregarding Bribery Commission’s orders.

The action had been filed by the Commissions' Director General under the 'Contempt of Commission’ provision.

In the complaint, the complainant, Director General of the Bribery Commission, Dilrukshi Dias Wickramasinghe had mentioned the respondent as Parliamentarian Namal Rajapaksa.

The Bribery Commission in the complaint alleged that the respondent was required to provide an affidavit on January 20, 2016 to the commission on a matter pertaining to a bribery inquiry, by sending a notice last December 14, 2015 by the Commission.

On January 19, 2016 the respondent requested further time until March 15 to provide the affidavit. The Commission said Mr. Rajapaksa however had failed to submit the affidavit on March 15.

The bribery commission in the complaint also alleged that on April 28, 2016, Mr. Rajapaksa was summoned by the commission to appear in the Bribery Commission on May 26 to record statements.
However in a reply, Jayantha Weerasinghe PC who appeared on behalf of Namal Rajapaksa had sent a letter on May 25 to the Commission objecting its legality to summon his client.

The commission said the respondent had committed offences under the provision Contempt of the Commission in Bribery Act by disrespecting the authority of the Bribery Commission.

The Bribery Commission in the complaint sought an inquiry from the court over the respondent’s offences fell under the Contempt of the Commission according to the Bribery Act.

Pavithra Wanniarachchi sternly warned for disturbing Court proceedings

By Shehan Chamika Silva

UPFA parliamentarian Pavithra Wanniarachchi, who was disturbing court proceedings by repeatedly instructing her attorney while Court was in session, was today reprimanded by Colombo Additional Magistrate Aruni Attigalle.

Ms. Wanniarachchi was the complainant in a fraud case filed against Prasanna Punchihewa, by the Mirihana Special Fraud Investigation Unit.

The suspect was charged with defrauding the complainant of Rs.2 million on the pretext of selling her a luxury house in Subothipura.

The Magistrate directed Ms. Wanniarachchi instruct her counsel outside of the Court and not during court proceedings.

"As a lawyer herself, the complainant should have known better to behave with decorum when the Court was in session," the Magistrate said.

Meanwhile, the suspect was released on bail further inquiry was postponed for July 8.

Indo-Lanka kidney racket: Remaining seven suspects sent to detention camp again

(Published in Daily Mirror on 24/06/2016)
 
By Shehan Chamika Silva

 Colombo Chief Magistrate Gihan Pilapitiya directed the Prison Authority to send the seven suspects, who were arrested over the immigration law violations in connection with the Indo- Lanka kidney racket, to Mirihana Detention Camp again.

Earlier, the first suspect, Vijitha Giri Kumar, had escaped while detained in the detention camp in Mirihana and subsequently the court transferred the suspects to Colombo Prison.

However, the Magistrate ordered the CCD to inform Nugegoda SSP to provide a special guard to the Mirihana Detention Camp.

Additional Solicitor General, Chethiya Gunasekara, appearing for the Attorney General’s Department requested the court to provide a maximum time period of one month to conclude the investigation on the seven suspects in the inquiry. He did not objected to send the suspects to the Mirihana Detention Camp, since the approval documents of kidney transplants pertaining to the suspects were true.

However, Colombo Crime Division informed the court that the suspects had no legal passports with them and had arrived in Sri Lanka violating Immigration Laws.

The Counsel appeared for the suspects, Thusitha Gunasrkara and Chathura Dissanayeke said their clients arrived in Sri Lanka only with the bona fide purpose of donating kidneys and they were not aware of the alleged large scale kidney racket.

The Magistrate also directed the police to investigate on the questionable arrival of the suspects to Sri Lanka on the purpose of donating kidneys without informing the Immigration Authorities about their reason of arrival.

The further Inquiry was put off for July 5.

Fmr. minister, SLTB head received kick backs from spare parts importer: FCID

(Published in Daily Mirror on 24/06/2016)

By Shehan Chamika Silva

Filing a further report in the inquiry into the alleged financial misappropriation that had been caused to the Sri Lanka Transport Board (SLTB) in the procurement of spare parts during the period between 2011 to 2015, the Police Financial Crimes Investigation Division (FCID) yesterday revealed that the director of Nimbus Automotive company had provided funds to the former Transport Minister and the Chairman of SLTB for them to embark on a tour of India between December 9 and 11, 2011.

Subsequently, Colombo Additional Magistrate Nishantha Peiris permitted the FCID to check the bank details of Director of Nimbus Automotive Company, Wijeya Kapoor.

Alleged $20 mn transfer from B’desh CB: Court allows CID to send CPU, 2 mobiles to Moratuwa Uni.

(Published in Daily Mirror on 24/06/2016)

By Shehan Chamika Silva

Colombo Chief Magistrate allowed the CID to send a CPU of a computer and two mobile phones recovered by the CID over the inquiry conducted into the alleged $20 million transfer by hacking Bangladesh Central Bank to the Moratuwa University.

The CID, filing a 'B' Report in Court, informed that it had recorded five statements from alleged directors of the Shalika Foundation, Pradeep Rohitha Dumpkin (Husband of Mrs. Shalika Perera), Don. Miyurin Ranasinghe, Nishantha Nalaka, Sanjeewa Bandara and Shirani Dammika Fernando.

The alleged productions were recovered by the CID in the possession of two individuals, W.M.P. Jayadewa and M.P. Niluka Lakshmi.

The CID also said in the 'B' Report that the Japanese national Thadasi Sasaki, whose name had also come across in the inquiry, was in Sri Lanka between July 9 to August 26, 2014.

According to the CID officials, the alleged directors of the Shalika Foundation had opened a bank account on January 26, 2016 in a private bank in Bambalapitiya.

The account had been received with $19,999,977.50 amount of money through the Swift Messaging system from Bangladesh on February 04, 2016 on the purpose of a Rural Electrification up gradation project.

However, the Remittance Department in the Bank had detected errors of the transfer which made as an inward remittance and informed Bangladesh Central Bank to verify the transaction.

Later, Bangladesh confirmed a robbery happened at the Central Bank in Bangladesh Central Bank and further proceedings of the transaction were stopped.

The name of the account holder in Swift Message mis-spelled as "fandation", prompting a routing bank, Deutsche Bank, to seek clarification from the Bangladesh Central Bank, which stopped the transaction.

However, according to the bank officials statements given to the CID on few occasions, after the alleged transfer of money was made, Jayadewa, Shaleeka Perera and several others had attempted to withdraw the funds.

Later, on February 12, alleged Directors of Shalika Foundation had informed the bank officials to send the amount of money to the one who sent the funds as it was not the amount of money they were supposed to receive from foreign countries.

According to the CID, the alleged individual, Jayadewa had introduced a Japan national, ‘Thadashi Sasaki’ to the Shalika Foundation directors and advised the foundation to start a bank account in order to send funds from foreign countries for charity purposes.

Earlier, the court imposed a travel ban on the six directors of the Shalika Foundation in connection with the inquiry.

The robbery was occurred when some hackers had invaded the Bangladesh Central Bank data base and defrauded $81million funds of it. Four requests to transfer a total of about $81 million to the Philippines went through, but a fifth, for $20 million, to a Sri Lankan non-profit organisation was held up because the hackers mis-spelled the name of the NGO, Shalika Foundation.

The complaint was lodged by the Sri Lanka Central Bank's Financial Investigation Unit in the CID on March 11 over the alleged transaction.

Further inquiry was put off for September 07.

Thajudeen murder : CID to get CCTV report in August

(Published in Daily Mirror on 24/06/2016)

By Shehan Chamika Silva

Senior State Counsel Dilan Ratnayake today told court that the CCTV footage relating to the inquiry over the murder of Ruggerite Wasim Thajudeen, has been sent to the British Columbia Laboratory- Canada for expert examination and the progress of the examination would be received by the CID by the first week of August.

Counsel Anil Silva who appeared for the suspect former SDIG Anura Senanayeke, said that according to the medical examination held by the specialist Dr Chula Herath on the suspect; the former SDIG had been diagnosed with the initial stages of cancer and has to be further examined under the supervision of his specialist doctor.

However, the report submitted by the specialist doctor had not mentioned any particular cancer symptoms of the suspect, and informed the court on hypertension, diabetes and kidney ailment of the suspect.

Considering the report submitted by Dr Chula Herath on the suspect, Colombo additional Magistrate Nishantha Peiris directed the Prison Authority to send the suspect before a JMO to clarify his medical condition.

The prosecution held that the suspects were charged under sections 113, conspiracy', and 32, ' Liability for act done by several persons in furtherance of common intention’, of the penal code and according to the provision in section 13 of the Bail Act, a person suspected or accused of being concerned in committing or having committed an offence punishable with death or with life imprisonment, shall not be released on bail except by a Judge of the High Court.

The Magistrate rejecting the bail application submitted by the counsel on behalf of the suspects, further remanded the suspects, former Crimes OIC Sumith Perera and Former SDIG until July 7.

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 clauses of 189,198 and 296 of the Penal Code.

The CID filing a further report informed the court that the mobile details of the Wasim Thajudeen between March 01 and May 19, 2012, had been taken from the Dialog Company under the instructions of the former director of the Colombo Crimes Division, SSP Ranaweera, by the CCD after the incident in 2012.

The CID revealed that the court order to peruse mobile details was taken using some other case (B 6802/01/1) in Colombo Magistrates Court by the CCD. The alleged details of the victim, Wasim Thajudeen were taken by the CCD to be sent to State Intelligence Service head, Major General, Kapila Hendrawithana to investigate on the incident happened on May 17, 2012, said CID.

The CID suspected that statement made by the police later over the incident as only a fatal accident, questions the credibility of the investigation that held on the accident of Wasim Thajudeen.

The CID also told the court that it had recorded statements from three policemen including the one who found the wallet of the victim on May 17, 2012 at a time between 6 a.m. to 6.30 a.m.

Over the 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 victim, the counsel appearing on behalf of the SLMC told the court that the suspect had filed objections to the council on June 4 over the allegations and the further inquiry would be taken up on July 23.

Rajagiriya accident - No CCTV evidence to show Patali was there: Police

(Published in Daily Mirror on 16/06/2016)

By Shehan Chamika Silva

The Welikada Police yesterday told Colombo Additional Magistrate Chandana Kalansooriya that according to the report sent by the Moratuwa University, the CCTV footage on the Rajagiriya accident in which Mega Polis and Western Development Minister Patali Champika Ranawaka’s vehicle met with an accident, showed no scientific evidence to prove that the minister was in the vicinity.

Police said to conclude the investigation they had to record a statement from the victim, Sandeep Sampath, who is currently being treated at the Ragama Hospital but that he was not in a stable health condition to record a statement.

The counsel appearing on behalf of the aggrieved party requested the Magistrate to name Minister Patali Champika as a suspect in the inquiry under the Section 124 of the Penal Code and Paragraph 11 of the Criminal Procedure Code.

He said the aggrieved party was not satisfied with the investigations carried out by the Police.
Police denied the allegations made against them by the counsel and told Court that they had carried out a fair and broad investigation into the matter.

They said that in the absence of sufficient evidence there was no way that Minister Ranawaka could be named as a suspect.

The counsel who appeared for suspect, Thusitha Dilum Kumara who is alleged to have driven the vehicle, said the Court had given into the requests made by the aggrieved party that it was time to move on with the litigation as this incident was just another traffic accident.

The Magistrate directed the police to obtain the relevant medical reports on the victim and postponed the inquiry for June 29.

Suspects in record cocaine bust detailed till June 22

(Published in Daily Mirror on 16/06/2016)
 
By Shehan Chamika Silva

The three suspects who were arrested by the Police Narcotic Bureau (PNB) in connection with the largest ever detection of cocaine, 91.3 kilos, valued at Rs.2 billion at the Container Yard Orugodawatta on June 14, were ordered to be detained till June 22 by the Maligakanda Additional Magistrate yesterday.

The detention order was given following a request made by the PNB to court asking for more time to question the suspects.

The Police produced the suspects in the Maligawatta Magistrate’s Court on 15.

Tiran allowed to travel abroad for medical treatment

(Published in Daily Mirror on 15/06/2016)

By Shehan Chamika Silva

Colombo High Court Judge A.A.R. Heiyanthuduwa granted permission to former parliamentarian Tiran Alles to travel abroad for medical treatment.

He has been permitted to travel to Singapore for two weeks within the next three months to be treated under the supervision of his doctor.

Mr. Alles is charges with a fraud of Rs.167 million involving the Reconstruction and Development Agency (RADA), which was tasked with the reconstruction of houses for the tsunami-affected people.

His request to travel abroad was earlier turned down by the Fort Magistrate and subsequently he filed a revision application at the Colombo High Court seeking permission to travel to Singapore to undergo treatment for a heart condition.

The Senior State Counsel appearing for the Attorney General's Department objected to the suspect being allowed to travel abroad on the basis that the Police had not completed recording his statements.

Nalin Ldduwahetti PC, who appeared for Mr. Alles told Court that his client had travelled abroad on three occasions for medical treatment.

Considering the medical report on the suspect’s health condition submitted by the Colombo Chief JMO Ajith Tennakoon, the Judge allowed Mr. Alles to travel abroad.

The Judge said no one should interfere into anyone’s right to protect themselves according to the law.

The Court also imposed an additional cash bail of Rs.100,000 with one surety of Rs.500,000.

In this case, Mr. Alles and five other Directors of the RADA Company were earlier barred from leaving the country.

Missing heroin dealer sentenced to 40 years

(Published in Daily Mirror on 14/06/2016)

By Shehan Chamika Silva

Velayudan Mathias alias Kudu Mervin, who went missing after being abducted several years ago, was yesterday sentenced to 20 years imprisonment on two counts, each running consecutively by the Colombo High Court for acquiring properties worth Rs. 29 million from illegal heroin smuggling in 2008.

Delivering the conviction, Colombo High Court Judge Padmini N. Ranawaka Goonathilaka also imposed a fine of Rs. 25.5 million against the convict on the two counts and held that failure to pay would result in additional four years of imprisonment to the punishment.

Several years ago, convict Velayudan Mathias alias Kudu Mervin, had been abducted by some unknown group of people in front of the Hultsdorp Court Complex, while he was escorted back to prison.

Subsequently, the trial was conducted in absentia, under section 241 of the Criminal Procedure Code.

The Court also issued an open warrant and red notice on the suspect.

Earlier, the Attorney General’s Department had filed indictments against the suspect in Colombo High Court on two counts of acquiring properties from heroin smuggling during 2008 in the Kelaniya area.

Thajudeen's Murder : Ex- SDIG, ex-Crimes OIC re remanded

(Published in Daily Mirror on 10/06/2016)

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 23 over the Magisterial Inquiry relating to the murder of ruggerite Wasim Thajudeen by the Colombo Additional Magistrate Nishantha Peiris yesterday.

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 clauses of 189,198 and 296 of the Penal Code.

The prosecution told court that it had information that the second suspect, ex-SDIG Anura Senanayeke had intervened with some police witnesses relating to the inquiry.

Senior state counsel, Dilan Ratnayake who appeared on behalf of the Attorney General’s Department, said when the former SDIG's driver was ready to provide a statement to the CID, the suspect had intervened inappropriately to alter the information in favour of him.

Filing a ‘B’ report, the CID informed the court that according to a police witness who was on duty at the Narahenpita Police Station on May 17, 2012,the day the incident took place, the former SDIG’s black vehicle had been parked in front of the police station around 2.00 am on the same day .

The State counsel also said that appropriate steps had been taken to send CCTV footage details to the Forensic Video and Surveillance Technology Laboratory - British Columbia of Technology- Canada to clarify the information in it.

He also said that the CID had perused bank details on six individuals relating to the inquiry in 13 Banks and were expecting to interrogate those persons in due course.

Over the 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 suspect had filed objections to the council on June 4 over the allegations and that further inquiry would continue accordingly.

Appearing for the first suspect, Sumith Perera, counsel Ajith Pathirana PC told the court that his client was now prepared to provide a statement on the incident under the ‘Power to record statements and confessions’ of section 127 in the Criminal Procedure Code.

Accepting the request, the Magistrate ordered the Prisons Authority to produce the first suspect today (June 10) in the Magistrate’s Chamber to record the statement.

Submitting a bail application, counsel Anil Silva PC who appeared for the second suspect, former SDIG, said that his client had never affected the inquiry by intervening with witnesses. And he also told the court to disregard the fact that suspect’s possible life threats while considering the bail. If the section 14 of Bail Act interprets in favor of the subject's liberty, the bail cannot be rejected, counsel said.

Moving a special Circumstance for the bail submission, counsel told the court that the former SDIG was suffering from long term kidney decease, and he must be treated at the supervision of specialized doctors.

Considering the 14 (1) a (2) of the bail act, “interfere with the witnesses or the evidence against him or otherwise obstruct the course of justice”, the magistrate rejected the bail applications.

The Magistrate also held that under section 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’.

Meanwhile, considering a report sent by the Chief Prison Medical officer on the second suspect, the Magistrate ordered the prison authority to produce the second suspect to his specialist private consultant Dr Chula Herath to examine over the medical condition of the suspect in order to report to court.

He also directed the defence counsel that after getting a report from the specialist on suspect he would consider the special circumstances when considering bail on the next date.

Thilina Gamage released on bail

(Published in Daily Mirror on 03/06/2016)

By Shehan Chamika Silva

Former Colombo additional magistrate Thilina Gamage was enlarged on bail by Gangodawila Magistrate Kanishka Wijeyratne in the case in which he is accused of keeping an elephant in contravention of the Public Property Act and the Fauna and Flora Act.

He was released on four sureties of Rs. 2.5 million each and cash bail of Rs.500,000. The magistrate also imposed a foreign travel ban on him and ordered him to report to the CID on the last Sunday of every month . The magistrate also ordered the suspect to report to the CID next Tuesday to provide a statement in connection with the inquiry.

Mr. Gamage surrendered in Nugegoda Magistrate's Court yesterday, through a motion, over the inquiry conducted by the CID against him regarding the possession of an elephant in contravention of the Public Property Act and the Fauna and Flora Act.

The CID had filed a facts report on June 1 naming the former magistrate as the fourth suspect in the inquiry in which three other persons -- Upali Padmasiri, Priyanka Sanjeewani and Chandraratne Yatawara -- were also named as suspects.

The CID in the ‘B’ report stated the allegations against the suspect as abetment, conspiracy and cheating under sections, 102, 113, 398 and 400 of the Penal Code and section 5(3) of the Public Property Act.

However, on an earlier occasion the suspect's counsel had requested anticipatory bail over the incident in the Nugegoda Magistrate's Court, and the court had noticed the prosecution to appear in court yesterday to respond to it.

Following the presence in court of the former magistrate Gamage, the defence counsel recalled the anticipatory bail request.

Submitting the bail application, counsel Ali Sabri PC and Ajith Pathirana PC, who appeared for the suspect, said that according to amendment 22, 2009, to the Fauna and Flora Act, under the specific provision of section 21(3) (2) of the amendment, non-bailable offences relating to the Act should be considered in relation to the Bail Act.

However section 22A (12) of the Amendment says that an elephant without a licence can be regarded as an elephant which was taken illegally from the wild and therefore was public property. And it has special provisions under the Public Property Act when considering bail.

Counsel also held that even though the section 22A (12) of the Amendment, contradicts with the special provision, the specific provision shall take the precedence over the general law according the rule.

Counsel also said the Public Property Act cannot be related to the elephant of the suspect when considering bail for the suspect, since the suspect once had a valid licence from the seller, Chandraratne Yatawara, and should be regarded as a bona fide buyer.

However, Senior State Counsel, Dileepa Peiris, appearing for the Attorney General’s Department, told Court that the other suspect, Chandraratne Yatawara, from whom the former magistrate had bought the elephant, had been found by the CID in the Rikillagaskada area and he was the uncle of ‘Ali Roshan’, who is the main suspect in the elephant racket.

The state counsel said that apparently the seller of the elephant was not capable of maintaining an elephant. He also said that the suspect Yatawara had now disappeared after giving statements to the CID and a magistrate regarding the incident.

The state counsel further stated that the special provision of the amendment, section 21(3)(2), applied only to offences that fell under the Fauna and Flora Act.The state counsel also said that the documents submitted to the Wild Life Department for the registration of the elephant contained false information.

Counsel also said the prosecution had not yet concluded its investigations and that there seemed to be a large scale elephant racket with fraudulent registrations.

He objected to bail as the offence fell under the Public Property Act and as the defence had not submitted any special circumstances in requesting bail.

However, the magistrate considering both parties’ submissions held that under the specific provision of section 21(3) (2) of the amendment of the Fauna and Flora Act, non bailable offences relating to the Act should be considered in relation with the Bail Act.

And he also said that the offences cannot be dealt with under the Public Property Act according to section 22A (12) of the amendment, since the suspect had obtained a licence for the elephant.

Vijitha Herath freed from drunken charges

(Published in Daily Mirror on 02/06/2016)

By Shehan Chamika Silva

Colombo Additional Magistrate Chandana Kalansooriya acquitted the JVP MP Vijitha Herath from the drunken driving charge in the inquiry conducted against him over the accident that took place on May 30 in the Rajagiriya area.

The Welikada Police had filed three charges against him-reckless driving, not preventing a possible accident and drunken driving. The Magistrate acquitted the suspect from the third charge, since it was apparently not possible to continue as a proper allegation.

However, the Additional Judicial Medical Officer, K.K. Joozar, had mentioned in his Legal Medical Examination Form that the suspect’s breath, smelled of alcohol at the time of the examination, but the JMO had not mentioned that the suspect was under the influence of alcohol.

The Magistrate considering a precedent, Sumanaratne Vs Borella OIC, stated that it was not sufficient that the ‘breath, smelling of alcohol’ to be regarded as ‘under the influence of alcohol’ to continue with the litigation under the charge of drunken driving.

After pleading guilty to the rest of the charges, the suspect was ordered to pay a Crown Cost of 1500 Rupees over the other charges, for which he was convicted by the Magistrate. The suspect also agreed to pay Rs. 17,423 to the damaged property of Telecom post in the accident.

Mr. Herath was arrested by the Welikada Police on Monday night, and released on police bail later for crashing onto a telecom post in Rajagiriya.

Eight ex-LTTE suspects released

(Published in Daily Mirror on 02/06/2016)

By Shehan Chamika Silva

Eight former LTTE suspects, who were on bail were ordered to be discharged from the cases on the instructions of the Attorney General by Colombo Additional Magistrate Aruni Attigalle.

They were earlier detained over the allegations under the Prevention of Terrorist Act. Earlier, the court had released 39 LTTE suspects on bail, who were also detained under the Prevention of Terrorism Act.

Meanwhile, Bagirathi Murugesu, an alleged leader of the LTTE Sea Tiger Division, who was arrested at the BIA on March 2, 2015 on her arrival from France, was also discharged.