FCID names Namal, five others as suspects over money laundering inquiry on Hello Corp purchasing

By Shehan Chamika Silva

The FCID-on a directive of Attorney General had named Namal Rajapaksa and five others as suspects over the inquiry conducted into the alleged purchasing shares of Hello Corp using ill-gotten funds of Gowers Corporation, which was headed by Mr. Rajapaksa.

The FCID filing a further report informed court that the suspect Namal Rajapaksa had dealt with a company named Boston and had given Rs. 15 million and another Rs.30 million through one Indika Karunajeewa to the Chairman of that company, Mr. Rohan Abey Iriyagolla.

Then according to the statements got from the chairman of the Boston Co., the given money was paid to Gowers and NR Consultants again, which are headed by Namal Rajapaksa, as payments for the services obtained by Boston.

The two transactions were found by the prosecution as offences that fell under the Money Laundering Act.

The other suspects, Indika Prabath Karunajeewa, Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Iresha Silva were named as suspects under sections 102 and 113 of the Penal Code (abetment, conspiracy) and the section 3 of the Money Laundering Act.

Acceding the prosecution request, Additional Magistrate Nishantha Peiris issued an arrest warrant on second suspect Indika Karunajeewa, since the suspect currently resides abroad, absconding the prosecution.

The Magistrate had also observed that the prosecution has the authority to arrest suspects under the Money Laundering Act without further permission from the Court since the offences committed by the suspects fell into the summary offences under the Act.

The FCID also said court that the prosecution would file two cases separately over the alleged two transactions against the suspects.

Earlier, the VAC convenor lodging a complaint with FCID alleged that the suspect Namal Rajapaksa had obtain funds illegally to his two Companies (Gowers Corporation and NR Consultants) by engaging with various state contracts and providing coordinating services to the Air Lanka.

He complained that the suspect had purchased the Hello Corp Company’s shares from the ill-gotten funds he gained during serving as a parliamentarian.

Further inquiry was postponed to September 1.

Doctors who treated Ven. Sobitha Thera in SL to be questioned

By Shehan Chamika Silva

Colombo Chief Magistrate allowed the special panel of Colombo National Hospital doctors who conducted an inquiry into the death of Ven. Maduluwawe Sobitha Thera to question the doctors who treated the Thera in Sri Lanka.

The directive was given on July 18 by the Magistrate on a request made by CNH Director General Dr. Anil Jasinghe on July 12. Dr. Anil Jasinghe in a letter to the Magistrate’s Court had said that the panel which conducted the inquiry had decided to question some of the doctors who treated the Thera in Sri Lanka.

Earlier, the Court directed Dr. Jasinghe to appoint a special panel of doctors to investigate on the death of Ven. Sobitha Thera following a request made by the CID on a complaint received from Ven. Uduwe Dammaloka Thera.

The special panel was comprised of Dr Anil Jasinghe (president of the panel), Dr Ajith Thennakoon, Dr Kumudini Ranathunge, Dr Nimali Fernando and Dr Iresh Wijemanne.

In a complaint to the CID the monk had said an autopsy has to be carried out because the details of the treatment were missing.

Another case against Basil in High Court fixed for trial

By Shehan Chamika Silva

The trial against Former
Minister Basil Rajapaksa and Kithsiri Ranawaka (former Director General of the Divineguma Development Department ) over the misappropriation of Rs. 29 million funds of Divineguma Development Department by printing five million almanacs during the last presidential election, was fixed for December 6 by Colombo High Court Judge Pathmini N Ranawaka yesterday.

The two suspects were however not present in court today.

The counsel, Anil Silva PCand Jayantha Weerasinghe PC appeared on behalf of them informed court that the suspects were in remand custody over the inquiry conducted in Kaduwela Magistrate's Court over the allegation of misappropriating Rs. 36.5 million belonging to Divi Neguma Development Department by purchasing and distributing GI pipes during the last Presidential Election.

The court considering the circumstance fixed the trial for December and directed the Prison Authority to produce the suspects in court on next date if the suspects were in remand custody until December.

Basil goes to HC seeking bail

By Shehan Chamika Silva

Basil Rajapaksa had filed a revision application in Colombo
High Court today seeking bail over the inquiry conducted at Kaduwela
Magistrate's Court under the Public Property Act over the allegation of misappropriating
Rs. 36.5 million belonging to Divi Neguma Development Department by purchasing
and distributing GI pipes during the last Presidential Election.

Former Minister and former Director General of Divineguma
Department Kithsiri Ranawaka were remanded till August 1 by the Kaduwela
Magistrate over the allegation of purchasing GI pipes using Divineguma
Development Department for the use of Local Government bodies, without any
request from them and distributed it during the Presidential Election for
propaganda campaigns.

Former Immigration Chief Control officer convicted after 20 years over not declaring assets

By Shehan Chamika Silva

Former Chief Controlling Officer of Immigration and
emigration Department, Jayasinghe Aarachchige Jayasena who was indicted by the
Bribery Commision in 1996 over the charges of illegally acquiring funds, was
convicted by the Colombo High Court today.

The Bribery Commission had indicted former Chief Controller
for failing to disclose how he obtained Rs. 200,000 worth fixed deposit in a
State bank and Rs. 2 million worth properties between March 31, 1994 to March 31, 1995 while serving as a government officer.

The Judge Kusala Sarojini Weerawardena convicting the suspect imposed an initial fine of Rs. 5000 and two years rigorous imprisonment suspending to ten years.

And also using a special provision of the Bribery Act she also imposed Rs. 6.6 million, a fine thrice bigger to the amount that suspect had obtained illegally.

HC orders CMC to conduct inquiry separately on every 15 elephants before releasing

Revision Application concluded:

By Shehan Chamika Silva

The Colombo High Court today concluding consideration of
the revision application filed by the Attorney General against the Colombo Chief Magistrate's decision to release 15 elephants on bond directed the Chief Magistrate to conduct a special inquiry into the each an every elephant
separately.

The High Court Judge Manilal Waidyathilake also ordered the
elephants with valid licenses to be released from those 15 elephants and rest
to be given to the Wild Life custody.

The court had also observed that the erroneous of the
revision application filed by the Attorney General when the matter was
considering.

On an earlier occasion, suspending the Magistrate’s order the High Court
had got down the case report of the inquiry conducted at Chief Magistrate’s
Court (CMC) into the allegation of alteration made to the elephant registration
book at Wild Life Department.

However, the High Court yesterday also ordered to send the
case report again to the CMC to continue the further inquiry.

Earlier, Colombo Chief Magistrate had given an order
releasing 15 elephants kept in Udawalawa Transit Home on bonds to use in the
religious processions to be held until August 30 over the inquiry conducted
at the CMC.

More than 40 elephants,without valid licenses had been taken into the Wild Life
Custody by the CID  over the inquiry conducted into the alteration made to the elephant registration
book at Wild Life Department.

Former Lak Sathosa Chairman remanded over misappropriating Lanka Sathosa, Lak Sathosa vehicle during last Presidential Election.

By Shehan Chamika Silva

Former Lak Sathosa Chairman, who was arrested by the CCD under the Public Property Act for allegedly misappropriating vehicles belonging to Lanka Sathosa and Lak Sathosa during last presidential election, was ordered to be remanded till July 28 by the Colombo Fort Magistrate Lanka Jayaratne today.

The CCD alleged that the suspect had used vehicles to distribute the names lists of the registered voters in the last presidential election to Gampaha District Organizers of SLFP causing a financial lost of Rs. 37,833 to the government.

The police said the names lists had been received from the SLFP Head Office located on Darly Road on January 2, 2015 and were distributed to the Gampaha District Organisers of SLFP on January 3 using Sathosa and Lak Sathosa vehicles on the instructions of the suspect.

Raising a legal issue Anil Silva PC who appeared for the suspect moved that the Lak Sathosa institute was not falling into the institutions fell under the Public Property Act (PPA) therefore the prosecution should separately mention the amount caused from the offence.

However, the Magistrate said that she should first observe the legal issue more whether the Lak Sathosa fell under the PPA or not and would make a decision on next date.

Forwarding an Attorney General’s Circulation to the Inspector General of Police in 2005 the counsel said according to that direction the offences amounted to below Rs. 100,000 of the Public Property Act shall charge under the Penal Code.

Meanwhile, the suspect also said that he is ready to plead guilty to the charges.

Subsequently, the Magistrate directed the Police to conclude the investigations within a week and filed a charge sheet against the suspect under the Penal Code since the suspect is ready to plead guilty.

Thajudeen murder: CID questions former president’s security officer over the inquiry : Ex- SDIG & ex- Crimes OIC re-remanded till August 3

By Shehan Chamika Silva

Senior State Counsel Dilan Ratnayake today told Court that the CID had questioned Udaya Nandana Nagaha Aarachchi, a former Non-Commissioned Officer of Sri Lanka Army attached to the President’s Security Division, over the inquiry conducted into the Murder of Ruggerite Wasim Thajudeen.

The prosecution filing a B report informed court that it had recorded statements from four officials, Ranjith Premalal, Maduranadalage Dayananda, Premakumara Chandrathilake and Pradeep Ruwan Kumara attached to the former President’s Security Division over the questionable mobile calls received to the former OIC of Narahenpita Police Chief Inspector Damien Perera during the incident.

The CID had also informed that the Police CCTV division had submitted ten CD copies of original CCTV footage to Court which were taken from the CCTV cameras located at Narahenpita and High level Junctions between 11.00 pm on May 16 to 2.00 am on May 17, the day that the alleged incident took place in front of the Shaleeka Park Narahenpita.

The Magistrate today expressly advised the counsel who appeared for the Sri Lanka Medical Council to expedite the inquiry conducted against former JMO Ananda Samarasekara, C.K. Rajaguru and Shriyantha Amararatna on the allegation of missing body parts of the victim, Thajudeen, during the first autopsy.

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.

Thereby, instructing the defence lawyers to file bail applications in High Court, the Magistrate ordered suspects,former SDIG Anura Senanayake and former Narahenpita crimes OIC to be remanded till August 3.

The former SDIG and the former Crimes OIC also have 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.

Court refused to issue int’l warrant on Udayanga Weeratunga

By Shehan Chamika Silva

 

The Colombo Fort Magistrate today refused to issue a warrant, through Interpol, for the arrest of a one-time Sri Lankan Ambassador to Russia, Udayanga Weeratunga and directed that summons be forwarded through the Foreign Ministry to his address in Ukraine.

 

Earlier, he was noticed to provide statements over the inquiry conducted into the huge financial loss caused to the Government in the purchase of four Ukraine-built MIG-27 aircraft in 2006.

 

According to Financial Crimes Investigation Division (FCID) Inspector Nihal Francis the deal amounted to US$14 million.

 

Earlier, he was noticed to provide statements to the FCID over the inquiry by the Court.

 

The FCID Said that it took all the appropriate steps to serve the summons but failed since Mr. Weeratunga was not in country.

 

And on July 15, the FCID sought court permission to issue an arrest warrant on him.

 

The Magistrate said that all though the prosecution had taken all appropriate steps to serve summons to Mr. Weeratunga but the police could not handed it over to the person.

 

And knowing that Mr. Weeratunga's foreign address the prosecution could have sent the summons through Foreign Ministry to Ukraine according to the section 46 of the Criminal Procedure code.

 

The Magistrate also ordered the court registrar to send a summons copy to the given foreign address through register post.

 

The Court also directed the Sri Lanka Airforce Legal Department Director to appear in court on September 26 to clarify as to why the original contract of the MIG deal was not with them. 

 

70 million fraud : Namal released on bail

By Shehan Chamika Silva

UPFA MP Namal Rajapaksa, who was arrested on charges of misappropriating Rs.70 million paid to him by the company known as ‘Krrish’ to conduct a rugby tournament held in 2013, was today released on bail by Fort Magistrate Lanka Jayaratne.

He was released on cash bail of Rs. 50,000 With three sureties of 500,000 each. The Magistrate imposed a travel ban on the suspect.

The court also allowed FCID to peruse into bank details of the suspect in four banks.

He was remanded earlier over the charges under sections 386,389 and 400, “Dishonest misappropriation, Criminal breach of trust, Cheating”, of the Penal Code and under the Money Laundering Act.

The FCID alleged that according to investigation conducted so far the suspect had not proven how he had spent the money given by the Krrish Company in to the rugby tournament organized in 2013.

According to the FCID the suspect had connections with the Director Board of the company named ‘Krrish’ and acquired the keenness to provide a sponsorship for the development of the Rugby.

Accordingly the company agreed to provide Rs. 70 million to a rugby tournament which was about to be held in 2013 June.

The amount of money was however deposited into an account belonging to a person called Nimal Perera, Chairman of Ceylon Premier Sports and later the amount of money was obtained by the suspect, said the FCID.

According to Defence lawyers, the tournament was organized by the Ceylon Premier Sports (CPS) and Ceylon Super Sports (CSS). CPS was dealing with all the ten teams while the CSS was handling the event.

Filing a further report over the inquiry, the FCID yesterday told that according to the information revealed from the statement given by the suspect on July 11, it had obtained details relating to the bank transactions made to the New Zealand national George Simpkins, during the tournament.

The FCID said it would take appropriate steps to take a Statement from the New Zealand national over the incident in a diplomatic manner.

The prosecution also said that it was continuing a broad investigation into the five companies belonging to Bangladesh National Ahamad Al Samaan in Sri Lanka.

The FCID suspected that the Mr. Rajapaksa had deposited the Rs. 50 million in Bangladesh national, Al Saman’s account. Later the suspect had withdrawn it from the foreigner and obtained another Rs. 50 million from a bank as a loan to purchase the company named Hellocorp committing a crime that fell under the Money Laundering Act.

FCID also said that it had recorded statements from Sri Lanka Rugby Association Executive Director, Roshan Gunaratne over the incident.

Appearing for the suspect Counsel Sampath Mendis said that the FCID had not put summarized statements recorded from the Directors of the Krrish Company in their B report and further reports yet. The counsel said the Krrish company’s statements are very essential to the inquiry and the FCID had consciously covered those statements from the court.

The counsel said that the alleged money was received to the Nimal perera between October to Decrmber in 2012 and later on December 15,2012 the suspect had sent an appreciating letter thanking the sponsorship for the tournament  along with an attachment of how he spent money for the expenses in the tournament.

And the expenses were actually relating to the tournament organised in 2012 not for the 2013 tournament, said Counsel.

However, the prosecution said that they only received one letter from the Krrish Company and there was no attachment about the expenses.

Further they said that the Nimal perera had withdrawn money and had given to the suspect in May 2013.

Jayantha Weerasinghe submitting the bail application requested the Magistrate to grant bail on the suspect since the charges put forward by the prosecution are bailable under the Bail Act and his client had not intervened with witnesses or caught up with hampering the investigation so far.

The Magistrate considering all the submissions directed the prosecution to submit summarized statements recorded from the directors, R.P. Gupta and Amith Kattiyal of the Krrish Company in court on the next date.

Acceding the bail request the Magistrate granted bail on the suspect considering the fact that the suspect had not intervened with witnesses or affected the investigation so far. 

The further inquiry was put off for August 8.

Court stops sale of property belonging to Yoshitha’s grandmother

By Shehan Chamika Silva

Colombo Additional Magistrate Augusta Atapattu today ordered the Nugegoda Land Registrar to stop the sale or the transfer of ownership of a property in Ratmalana purchased in the name of Yoshitha Rajapaksa's grandmother Daysi Forest.

The FCID today filed a motion requesting a court order to stop the possible sale or transfer of the property 31.5 perches  in extent located at No: 64 Sirimal Uyana, Kekatiya, Ratmalana in connection with a Money Laundering case.

The FCID revealed the alleged purchase of the property during the inquiry conducted (B 9823/15) against Carlton Sports Network Pvt at Kaduwela Magistrate’s Court over alleged illegal acquisition of properties from ill gotten funds.

Later, the FCID filing a B report at the Mount Lavinia Magistrate’s Court (B 828/16) informed court over the alleged property purchase.

The FCID says CSN Chairman Yoshitha Rajapaksa’s grandmother had failed to show how she acquired such money to purchase the property for Rs. 24 million.

The FCID also sought court permission to peruse bank details of the previous owners, Manel Ratnayake and Lushan Ratnayake of the alleged property during the period of October 1 – 30, 2012.

Acceding to the request, the Magistrate allowed the FCID to continue with the investigations over the property.

MIG Aircraft -- FCID seeks int'l warrant on Udayanga Weeratunge

By Shehan Chamika Silva

The FCID today requested Colombo Fort Magistrate Lanka Jayaratne to issue an arrest warrant, through Interpol, for the arrest of one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga and produce him in court on charges of causing a huge financial loss to the Government in the purchase of four Ukraine-built MIG-27 aircraft in 2006.

According to Financial Crimes Investigation Division (FCID) Inspector Nihal Francis the deal amounted to US$14 million.

Mr. Weeratunga had been noticed to appear in court today but he was not present.

The prosecution told the Magistrate that the police had taken all the appropriate steps to hand over the summons to Mr. Weeratunge.

The Police said they had handed it over to Mr. Weeratunge’s sister who lives in Nugegoda and had also informed the lawyer who holds his Power of Attorney. The copies of the summons were also sent to the email addresses of Mr. Weeratunge.

According to reports Mr. Weeratunga resides in Ukraine and was recently seen in a photograph taken with former president Mahinda Rajapaksa.

The FCID requested court to issue warrant on Mr. Weeratunge under section 63 (1), ‘Issue of warrant in lieu of or in addition to summons’, of the Criminal Procedure Code.

The FCID also requested court to notice the Sri Lanka Airforce Legal Department Director to appear in court to clarify as to why the original contract of the MIG deal was not with them.

The Magistrate fixed July 18 to consider the request made by the prosecution.

Bharatha Killing: Judgment fixed for Sept. 8

By Shehan Chamika Silva

Oral Submissions in connection with the case against former Parliamentarian Duminda Silva and 12 others over the killing of Bharatha Lakshman Premachandra and three others was concluded today and fixed for judgment on September 8 by the Trial at Bar in the Colombo High Court.

The Trial at Bar comprising Justices Shiran Gunaratne, Pathmini N. Ranawaka and M.C.B.S. Morais ordered to submit written submission over the case on or before August 12, 2016.

Concluding the trial conducted over a period of nine months, the request made by the defence counsel to allow former Parliamentarian Duminda Silva to travel abroad for his medical treatment was rejected by the Trial at Bar. Duminda Silva was the 11th accused of the case.

Earlier, the Attorney General had filed indictments against 13 individuals including Duminda Silva on 17 counts over the killing of former Presidential Adviser on Trade Unions Bharatha Lakshman Premachandra, and three of his aides.

The killing took place within the Kolonnawa electorate, during the Local Government elections in October, 2011.

Bail application rejected -- Musammil re-remanded till July 27

By Shehan Chamika Silva

National Freedom Front (NFF) spokesman Mohammed Muzammil was today further remanded till July 27 by Fort Magistrate Lanka Jayaratne on charges of misappropriating Rs.6.1 million in public funds by misusing a vehicle belonging to the Presidential Secretariat.

The Magistrate rejected the two requests made by defense lawyers who submitted a written bail application questioning the arrest.

The counsel said the arrest was made without proper evidence and that the suspect's child is suffering from an ailment as special circumstances for granting bail.

The Magistrate said he was unable to accept the child’s medical condition after perusing the reports submitted by a doctor on the child's ailment. She said according to the doctor’s report the special attention of the mother would be enough for the child.

The Magistrate advised the FCID to expedite the inquiry; since the allegation was under the Public Property Act and that Court could not grant bail without considering any special

The prosecution held that the suspect was given a vehicle by the Presidential Secretariat in 2009 under the previous government and following his defeat in the 2010 parliamentary elections he was appointed as an Acting Director of the Sri Lanka Engineering Corporation.

Police said the suspect had not returned the vehicle he had obtained from Presidential Secretariat in 2010 and deceived the Engineering Corporation by stating that the vehicle he obtained from the Presidential Secretariat was his private vehicle and on this basis the Corporation had re-reimbursed his traveling expenses.

The Police said the money had been deposited under the name of the suspect’s wife.

No restraining order on screening 'Adaraneeya Kathawak'

Magistrate rejected NATA request of giving injunction order on the film

By Shehan Chamika Silva
 
Colombo additional Magistrate today rejected the request made by the National Authority on Tobacco Alcohol over an injunction order to preventing the film, ‘Adaraneeya Kathawak’ from being screened.

Delivering a 41 pages order, the Magistrate defining the law of the injunction orders and the certain provisions of the NATA Act rejected the request.

The Magistrate said apart from the section 98 of the Criminal Procedure Code, ‘Public disturbance’, the Magistrate’s court is not authorized to make injunction orders considering any other reasons. 

He also ascertained that the NATA Act has no any provision on giving restraining orders on violations of the Act.

The Magistrate considering the approval received from the Censor Board on the film stated that the prosecution should get a writ order from the Court of Appeal if they want Censor Board’s decision to be changed, since it is a government institution with authorisation.

The prosecution had requested the restraining order on the ground of section 124 of the Criminal Procedure Code preventing the film is being screened until the inquiry ends over the allegation of violating section 35 of the NATA Act promoting Tobacco and Alcohol by displaying trade marks in the film.

The Magistrate also said that if the allegation would be proven successfully by the prosecution, the maximum punishment over the violation would be fine of Rs. two Million.

He also noticed Director and Producer of the film and the Chairmen of Film Corporation and Censor Board to appear in court on July 29 to respond as to why they could not act accordingly on the court orders to provide a full length version of the film in a CD to Narahenpita Police.

The Magistrate also instructed the parties who does not satisfy with the decision to go to superior courts over the matter.

Earlier, the Colombo additional Magistrate Nishantha Peiris ordered the film's Director Priyantha Colombage, National Film Corporation Chairman and Majestic Cinema Manager to provide a full length version CD of the movie to the Narahenpita Police in order to observe scenes allegedly promoting Tobacco or alcohol by violating the National Authority on Tobacco and Alcohol Act.

The inquiry was conducted on a complaint lodged by an official of NATA, Dilishiya Abeynayake, with Narahenpita Police over the violation of the NATA Act by displaying Tobacco or alcohol advertisements in the film.

Rs.70 million fraud -- Namal remanded till July 18

By Shehan Chamika Silva

UPFA MP Namal Rajapaksa, who was arrested on charges of misappropriating Rs.70 million paid to him by the company known as ‘Krrish’ to conduct a rugby tournament held in 2013, was yesterday remanded till July 18 by Fort Magistrate Lanka Jayaratne.

The FCID also charged him under the Money Laundering Act.

The FCID told court that the suspect had connections with the Director Board of the company named ‘Krrish’ and acquired the keenness to provide a sponsorship for the development of the Rugby.

Accordingly the company agreed to provide Rs. 70 million to a rugby tournament which was about to be held in 2013 June.

The amount of money was however deposited into an account belonging to a person called Nimal Perera, Chairman of Ceylon Premier Sports and later the amount of money was obtained by the suspect, said the FCID.

Former president's Mahinda Rajapaksa's eldest son, Namal was summoned by the FCID last morning to record a statement on this matter of financial misappropriation.

Meanwhile former, Defence Secretary Gotabaya Rajapaksa also gave a statement to the Financial Crimes Investigations Division (FCID) this morning in connection with another incident of financial misappropriation.

According to Defence lawyers, the tournament was organized by the Ceylon Premier Sports (CPS) and Ceylon Super Sports (CSS). CPS was dealing with all the ten teams while the CSS was handling the event, said the Counsel.

The FCID alleged that according to investigation conducted so far the suspect had not proven how he had spent the money given by the Krrish Company in to the rugby tournament organized in 2013.

The FCID suspected that the suspect had deposited the Rs. 50 million in a Bangladesh national, Al Saman’s account. Later the suspect had withdrawn it from the foreigner and obtained another Rs. 50 million from a bank as a loan to purchase the company named Hellocorp committing a crime that fell under the Money Laundering Act.

Appearing for the suspect, Counsel Sampath Mendis and Jayantha Weerasinghe PC told court that the complaint over the incident was lodged by a politician, Wasantha Samarasinghe and not by the Krrish Company.

Accepting that the money was obtained for the purpose of organizing a rugby tournament, they said that the money was spent for the event through CSS over various expenses.

The counsel said that the suspect could have proven his innocence over the allegations if the FCID had not raided his office and obtained certain documents relating to the expenses of the rugby event recently.

They also requested the magistrate to grant bail to the the suspect who had not intervened with witnesses or affected the investigations.

The counsel rejected the allegation of Money Laundering and said there was another inquiry at the Colombo Chief Magistrate’s Court relating to the same Money Laundering allegation but no sufficient evidence had been put forward yet to name his client a suspect in the inquiry.

Rejecting the bail application, the Magistrate considered that the suspect had failed to prove how he spent the money in the tournament properly because it was on the trust that the Company ‘Krrish’ had given the money.

Acceding the FCID to record statements from some foreigners over the inquiry, the Magistrate remanded the suspect allowing the prosecution to conduct the investigation broadly.

Director, producer of ‘Adaraneeya Kathawak’ questioned over violation of Tobacco, Alcohol Act.

By Shehan Chamika Silva
Natahenpita police today said court that they had recorded statements from the Priyantha Colambage (Director) and Chaminda Gamage (Co- Producer) over the inquiry conducted against the film, ‘Adaraneeya Kathawak’ (Melody of Love) which is now being screened, for allegedly violating the National Authority on Tobacco and Alcohol Act by displaying Tobacco or Alcohol trade marks in the film.

Official of the National Authority on Tobacco and Alcohol, Dilishiya Abeynayake had lodged a complaint with the Narahenpita police over the violation of the Act stating that the Authority had observed scenes in the film, in which Tobacco or alcohol advertisements were included by displaying trade marks of some brands.

The complainant had told police that the Authority had found more than ten scenes of promoting Tobacco or alcohol in the film.

Narahenpita police had also investigated into the complaint and confirmed that the alleged film contained such scenes.

Earlier, the Colombo additional Magistrate Nishantha Peiris ordered the film's Director Priyantha Colombage, National Film Corporation Chairman and Majestic Cinema Manager to provide a full length version CD of the movie to the Narahenpita Police in order to observe scenes allegedly promoting Tobacco or alcohol by violating the section 35 of the National Authority on Tobacco and Alcohol Act.

However, Narahenpita Police Sub Inspector Lalith said that the director, chairman of the Film Corporation and Majestic Cinema Manager had informed the police that they do not allow to keep a copy of the film in a CD. Thereby, the police had informed the Censor Board to provide a full length version of the film in a CD to the Natahenpita Police in order to initiate further formal litigation over the allegation, said police.

Counsel who appeared for the National Authority on Tobacco and Alcohol, requested the Magistrate to impose a restraining order by preventing the film is being screened.

The magistrate postponed the consideration over the request for July 11.

Thajudeen Murder: CID conducts probe against ex-CCD director

By Shehan Chamika Silva

Senior State Counsel Dilan Ratnayake today told court that the CID was conducting an investigation against the former director of the Colombo Crimes Division, D.R.L. Ranaweera over the allegation of concealing evidence in connection with the inquiry relating to the murder of ruggerite Wasim Thajudeen.

Filing a further report, the CID informed Court that it had recorded statements from the former director of the CCD and according to the statement given by him; it was revealed that on May 18, 2012, day after the incident, when the former director met with the former SDIG, the SDIG had informed him to make no involvements to the incident.

The Senior State Counsel also said that a broad investigation has been initiated over the phone details of alleged two friends, who were said to have been with Thajudeen on May 17, 2012.

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 Counsel appearing for the suspects requested their clients to be released on Bail.
The Counsel Ajith Pathirana PC who appeared for the first suspect Sumith Perera told Court that his client had only committed what he was asked to do by his senior officers and none other than involvement was there over the incident by the suspect.

The Magistrate rejecting the Bail application submitted by the Counsel on behalf of the suspects advised that to file Bail applications in High Court since the Magistrate's Court has no authority to grant Bail on the suspects under the Section 13 of the Bail Act.

Thereby, former SDIG Anura Senanayake and former Narahenpita Crime OIC Sumith Perera were ordered to be further remanded till July 20 by Colombo additional Magistrate Nishantha Peiris.

The Magistrate also said that the JMO had requested time to submit medical report on the suspect, Anura Senanayake and the Court needs to compare the two medical reports, the report submitted earlier by the suspect's private Dr Chula Herath and the JMO report on the suspect and would give directives accordingly over the health condition of the suspect later.

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.

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.

Mohammed Muzammil re-remanded till July 13

By Shehan Chamika Silva

National Freedom Front (NFF) Spokesman Mohammed Muzammil, was today re-remanded till July 13 by Fort Magistrate Lanka Jayaratne on charges of having misappropriated Rs.6.1 million in public funds by misusing a vehicle attached to the Presidential Secretariat.

Counsel Gamini Perera, who appeared for Mr. Muzammil submitted a written bail application to the Court. The Magistrate said she would consider bail on the next hearing date.

The charges amounting to ‘Dishonest Misappropriation, Criminal Breach of Trust, Cheating, Forgery and Falsification of Accounts’ of the Public Property Act' were filed by the FCID under Section 5(1).

The suspect was also charged with the misappropriation of property, abatement, criminal breach of trust and cheating under the Sections 100, 386, 389 and 400 of the Penal Code.

The prosecution said the suspect was given a vehicle from the Presidential Secretariat in 2009 under the previous government and following his defeat in 2010 parliamentary elections he was appointed as an Acting Director of the Sri Lanka Engineering Corporation.

The Police said the suspect had not returned the vehicle, he obtained from Presidential Secretariat in 2010 and deceived the Engineering Corporation by stating that the vehicle he obtained from the Presidential Secretariat was his private vehicle and on this basis was re-imbursed his travelling expenses by the Engineering Cooperation. The Police told the money had been deposited under the name of the suspect’s wife. 

Sajin Vaas qustioned at Chief Magistrater's Court

By Shehan Chamika Silva

The CID today recorded statements from the suspect, former SLFP MP Sajin de Vass Gunawardene and his Accountant at the Court number 8 of the Colombo Chief Magistrate's Court over the inquiry conducted against him under the money laundering Act for failing to reveal how he earned Rs. 600 million.

Earlier, the Chief Magistrate had directed the suspect and the accountant to provide statements to the CID simultaneously today at the CID.

However, altering the decision, the Court had given a direction today morning to record statements from the suspect at the Chief Magistrate's Court.

Subsequently, the prison Authority had produced the suspect in Court number 8 and the CID had recorded statements for four and half hours. 

He was in the remand custody over the allegations.

Man who fled country nine years ago over immigration violations inquiry sentenced to imprisonment

By Shehan Chamika Silva

Colombo Chief Magistrate Gihan Pilapitiya upholding the conviction given nine years ago imposed a two years imprisonment on a suspect who had fled the country over the violation of the Immigration and emigration laws by attempting to travel abroad using a forged passport.

In 2007, the CID filed charges against the suspect, Mohammad Aaris Nafras, for violating Immigration and Emigration Act by possessing a fraudulent passport and attempting to travel abroad using it.

However, during the magisterial inquiry, the suspect had fled the country and travel to the United Kingdom.

Later, then Chief Magistrate, Kusala Weerawardena, who is now a High Court Judge in Hultesdorp, issued open warrants on the suspect and allowed to continue the inquiry in the absence of the suspect under the section 192, ‘Trial may proceed in absence of accused’, of the Criminal Procedure Code.

At the end of the inquiry, the court found the suspect culpable over the allegations and the suspect was sentenced to one year imprisonment on two counts, each running consecutively by the Magistrate.

The court had also in the judgment report stated that to find the convict and impose the conviction from the date he would be caught.

After nine years, the convict was caught at the Bandaranayake International Airport by the CID when he arrived to attend his mother’s funeral.

The CID said the convict had arrived in Sri Lanka disregarding the court conviction on several occasions prior to the arrest at BA by the CID recently.

When the case was taken up recently in the presence of the suspect at the Colombo Chief Magistrate’s Court, the suspect said he has two children and a wife in UK and now holds a valid citizenship in UK.

He pleaded not to uphold the conviction because it has been nine years ago since he had committed the offence.

The Magistrate Pilapitiya upholding the conviction said according to the immigration reports, the suspect had arrived in Sri Lanka several times disrespecting the court orders, therefore court cannot consider any compassion on the suspect. The court was binding to uphold the conviction according to the Law, said Magistrate.

"such an instance would be a precedent to the other people who disregard the law and continue to abscond the court and the prosecution" said Magistrate Pilapitiya.

The CID also said that the suspect could have appealed over the Magistrate’s conviction in High Court if he was present in 2007 when the conviction was given, but according to the law one only allows to do so within the period of two weeks after the conviction and he has no solution rather than going to jail.

Musammil re-remanded till July 7

By Shehan Chamika Silva

National Freedom Front Spokesman Mohammed Muzammil, was today ordered to be further remanded till July 7 by the Fort Magistrate Lanka Jayaratne over the inquiry conducted against him for allegedly misappropriating Rs. 6.1 million public funds by misusing a vehicle attached to the Presidential Secretariat between 2009-2014.

The FCID filed charges under the section 5(1), ‘Dishonest Misappropriation, Criminal Breach of Trust, Cheating, Forgery and Falsification of Accounts’ of the Public Property Act and the Section 3, that ‘Any transaction derived from illegal activity’, of the Money Laundering Act.

Prosecution also charged the suspect with the allegations of dishonest misappropriation of property, abetment, criminal breach of trust and cheating under the sections 100,386,389 and 400 of the Penal Code.

The prosecution alleged that the suspect was given a vehicle from the Presidential Secretariat in 2009 under the previous government. Later, following the defeat in 2010 Parliamentary elections by the suspect, he was appointed as an Acting Director of the Sri Lanka Engineering Corporation.

However, the Police said that the suspect had not returned the vehicle, he obtained from Presidential Secretariat in 2010.

Then deceiving the Engineering Corporation by stating that the vehicle he obtained from the Presidential Secretariat as his private vehicle, the suspect had obtained funds also for his transportation from the Engineering Cooperation, said FCID. The Police told that the money was deposited under the name of the suspect’s wife.

Appearing for the suspect, Counsel Gamini Perera told Court that his client was suffering from a major illness, for which he had to take treatments every two hours.

He requested the Magistrate to allow submitting the written bail application over his client's medical condition in court within a short time period by considering the situation as a special circumstance.

Acceding to the request, the Magistrate allowed defence counsel to submit a written bail application on July 7 based on the suspect's health condition.

LTTE former Language interpreter George Master released from magisterial Inquiry.

By Shehan Chamika Silva

On the instructions of the Attorney General, the suspect, 'George Master', who was the Language translator for propaganda activities in LTTE was  released by the Colombo Chief Magistrate Gihan Pilapitiya from the Magisterial inquiry conducted against him by the CID.

The inquiry was initiated by the CID against the two suspects, 'Daya Master' and 'George Master' after they had surrendered in Omanthei Army Post in April 2009.

'Daya Master' was the Media Spokesman of the LTTE.

The CID told the court that the AG had not instructed them over the next course of action on the suspect, Daya Master yet.

The further inquiry was postponed seeking AG's opinion on the other suspect for December 5.

Spotlight on ‘Adaraneeya Kathawak’ over violation of Tobacco, Alcohol Act

By Shehan Chamika Silva

The Colombo Chief Magistrate’s Court yesterday gave an order over the inquiry conducted against the film, ‘Adaraneeya Kathawak’(Melody of Love) which is now being screened, for allegedly violating the National Authority on Tobacco and Alcohol Act by displaying Tobacco or Alcohol trade marks in the film.

Colombo Additional Magistrate Nishantha Peiris ordered the film's Director Priyantha Colombage, National Film Corporation Chairman and Majestic Cinema Manager to provide a full length version CD of the movie to the Narahenpita Police in order to observe scenes allegedly promoting Tobacco or alcohol by violating the section 35 of the National Authority on Tobacco and Alcohol Act.

Narahenpita Police sought court permission to get a full length version of the movie in a CD in order to initiate the formal litigation against the violators of the Act.

Representing the National Authority on Tobacco and Alcohol Department, Dilishiya Abeynayake had lodged a complaint with the Narahenpita police over the violation of the Act stating that the Authority had observed scenes in the film, in which Tobacco or alcohol advertisements were included by displaying trade marks of some brands.

The complainant told police that the Authority had found more than ten scenes of promoting Tobacco or alcohol in the film.

Narahenpita police had also investigated into the complaint and confirmed that the alleged film contained such scenes.

The Complainant had also informed the Censor Board and Film Corporation regarding the violation of Tobacco and Alcohol Act.

Further inquiry was put off for July 8.