Avant Garde -- Gota, Senadipathi, five others granted bail

By Shehan Chamika Silva

Former defence secretary Gotabaya Rajapaksa, Avant Garde Chairman Nissanka Senadipathi and five others were today granted bail when they were produced in Court on corruption charges in connection with Avant-Garde Maritime Services.

Colombo Chief Magistrate Gihan Pilapitiya released each of them on a cash bail of Rs.200,000 with two sureties of Rs.10 million each and banned them from travelling abroad.

The Bribery Commission which filed the charges said the suspects had committed an offence by permitting the Avant-Garde Maritime Services to operate a floating armoury causing a Rs.11.4 billion financial lost to the Government.

The other five suspects are Rtd. Maj. Gen. Palitha Fernando, Karunaratne Bandara Adhikari and former navy commanders Somathilaka Dissanayake, Jayanath Colambage and Jayantha Perera.

The suspect Sujatha Damayanthi was not present in court today and as such the bail order had not applied to her.


Romesh de Silva PC, who appeared for Mr. Rajapaksa said Section 78(1) of the Bribery Act 1954 states that before a complaint is referred to a Magistrate in a bribery case the consent certificate or the sanction authorized by the Bribery Commission should be visible in court as material to Convince the Magistrate on the commission’s desire to file the case.

He said in this instance there was no such certificate so the summons issued earlier on the suspects should be recalled because of the illegality in the process.

The seven suspects appeared in court on being noticed to do so.

However, Senior State Counsel Janaka Bandara said Section 11 of the Bribery Commission Act passed in 1994 superseded the Section 78(1) of the Act of 1954.

He said according to the new law the Bribery Commission's Director General could forward a complaint to a Magistrate with the consent of the Bribery Commission.

On the basis of the submissions made by the two parties, the Chief Magistrate in formed the prosecution and the defence to file their views in writing in connection with the preliminary objection.

Defence counsel Romesh de Silva PC asked court not to impose travel ban on his client because he was hoping to travel abroad soon.

However, the prosecution sought cCourt to follow the standard procedure by releasing them on bail and then on the next date to consider permission to travel abroad.

The defence counsel also requested court to keep his client in court without admitting to the remand cell at the court premises until the bail conditions were fulfilled. But the Magistrate refused to do so.

The permission to travel abroad was to be considered on October 3 while the case was postponed for December 1.

$14 mn MIG aircrafts deal: Court refused to issue Intl. warrant on Udayanga Weeratunga

By Shehan Chamika Silva

Colombo Fort Magistrate today refused the FCID request to issue an arrest warrant through Interpol on one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga over the inquiry conducted into the huge financial loss caused to the Government in the purchase of Ukraine-built MIG-27 aircrafts in 2006.

The Magistrate made the decision based on the legal provisions vested in the Criminal Procedure Code as Mr. Weeratunga was not named as a suspect yet to the inquiry by the FCID.

The FCID on an earlier occasion requested court to issue international warrant on Weeratunga since he was not in the country.

However, refusing the FCID's request to issue an international warrant on Mr. Weeratunga, the Fort Magistrate noticed him to appear in court over the inquiry and ordered to send the summons through Foreign Ministry to the address in which he lives in Ukraine.

In a report submitted to the court, the Foreign Ministry had informed earlier, that according to the Ukrainian Foreign Ministry; Mr. Weeratunga was not currently residing at the given address in Ukraine therefore the summons were not handed over to him.

Thereby, the prosecution once again requested court to issue arrest warrant since Mr. Weerathunga had been deliberately absconding the court avoiding him being interrogated into the alleged aircraft deal.

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

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

Weerawansa's wife charged for violating Immigration Act

By Shehan Chamika Silva

Wimal Weerawansa's wife Shehasa Udayanthi was today charged with possessing an improperly obtained passport in violation of the Immigration Act.

The CID filed charges under Section 45(1) of the immigration Act.

The suspect pleaded not guilty to the charges when they were read out to her.

Chief Magistrate Gihan Pilapitiya postponed the case for November 25.

The CID inquired into the allegations that the passport was obtained by furnishing fraudulent documents to the Immigration Authorities.

Yoshitha permitted to travel abroad for medical treatment

By Shehan Chamika Silva

The Colombo High Court yesterday permitted Yoshitha Rajapaksa to travel abroad for a period of one month to receive medical treatment.

Filing a petition in court, the suspect petitioner had earlier sought court permission to travel to Melbourne, Australia to obtain medical treatment on his right knee and ankle injuries.

Colombo High Court Judge A.A.R. Heiyanthuduwa permitting the request ordered the suspect petitioner to deposit an additional personal bond of Rs. One million at the Kaduwela Magistrate's Court.

The Judge also ordered his Passport be released from the Kaduwela Magistrate's Court.

Earlier, the Colombo High Court released him on bail over the inquiry conducted under the Money Laundering and Public Property Acts at the Kaduwela Magistrate's Court imposing a bail condition of refraining him to travel abroad without court permission.

The Judge also told the applicant to inform the exact dates of his departure and return to the court.

Observing Section 13 (5) of the Constitution, Court considered that the suspect petitioner has the right to get treatment over his medical condition as he was still a suspect to the allegation and until he is proven guilty by the prosecution the Court regards him as an innocent person, therefore should consider on the rights of the petitioner.

Chanuka Ratwatte, four others re-remanded

By Shehan Chamika Silva

Anuruddha Ratwatte's son Chanuka and four others, who were arrested by the FCID on charges of misusing Rs.4.2 billion in government funds were re-remanded till September 30 by Colombo Fort Magistrate Lanka Jayaratne.

The FCID told Court that the suspects had misused the funds belonging to the Central Bank and the CEB Employees Provident Fund by investing the funds in Government Securities through a company named Entrust Securities PLC, which is headed by the suspects.

The suspects were charged under Sections 5(3) and 8(3) of the Public Property Act and Section 386 of the Penal Code over criminal breach of trust.

The other suspects are: Dharmapriya Bandara Dasanayake (Chairman of Entrust Securities PLC), Chanuka Ratwatte (Managing Director), Romesha Dushanthi Senarath Executive Director), Sanjeewa Dayaratne (Director) and Niloshan Romelo Mendis.

MR's ex security chief released on bail

By Shehan Chamika Silva

Neville Wanniarachchi, who was the former Chief Security official of then president Mahinda Rajapaksa, was released on bail by Colombo Chief Magistrate Gihan Pilapitiya over five cases filed against him by the Bribery Commission on non assets declaration charges.

Commission charged him over not revealing his assets and liabilities from 2010 to 2015 and filed five cases separately for each year.

He appeared in court on a notice issued earlier by the Magistrate over the allegations.

Subsequently, the suspect was released on a cash bail of Rs. 10,000 with two sureties of Rs. one million each for every case.

The cases were put off for January 13.

Ramith Rambukwella's driving license suspended

By Shehan Chamika Silva

Colombo additional Magistrate Chandana Kalansooriya today suspended the riding license of Ramith Rambukwella over an accident that occurred on Independence Avenue, Colombo 7 recently.

The Cinnamon Garden Police had put forward five charges against the suspect including drunken driving allegation over the incident.

The police told court that it was revealed at the accident that he was under the influence of alcohol after being examined through the breathalyzer by the police.

Later, he was produced before a JMO to examine on the injuries occurred to him from the accident and the JMO in his report had stated that the suspect had a smell of alcohol as well.

However, after pleading guilty on the three charges of Negligence driving, not avoiding a possible accident and driving a vehicle registered to some one else’s name, the counsel appeared on behalf of the suspect pleaded not guilty on the other two charges of Drunken Driving and driving with a fake number plate.

The Magistrate put-off the case for further proceedings and to furnish bail requirements on October 18.

He was currently on police bail and yesterday appeared in court on a notice given by the police.

Aluthgamage released on bail over money laundering and corruption cases

By Shehan Chamika Silva

Mahindananda Aluthgamage who was in remand custody over money laundering charges over purchasing a property worth Rs. 27 Million in Colombo 7, was today released on bail by Colombo Chief Magistrate Gihan Pilapitiya.

He was released on cash bail of Rs. 50,000 with four sureties of Rs. 10 million each.

On a complaint received from JVP councilor Wasantha Samarasinghe, the CID had initiated a broad investigation on six alleged purchases of properties by the suspect over the first case on money laundering charges.

The prosecution alleged that the suspect was arrested over purchase of a property located on Kingsley Road Colombo 7.

The suspect had used money from his bank account at Bank of Ceylon Parliament branch to purchase the Rs. 27 million worth property on February 26, 2013.

The CID told court the money had been derived from illegal acquisition to the so-called bank account in 2013 through three cheques deposited by Douglas Kahawage (a person attached to the liberal Labour Congress Sri Lanka), Siril Jayasinghe (government  Contractor) and Wasantha Rajapaksa (suspect's driver).

Filing a B report in court the prosecution also informed court that the CID was conducting a broad investigation over the alleged properties belonging to the suspect in abroad as well.

The CID also informed that they were investigating into the irregularities taken place in Sports Ministry over 51 constructions and the money derived to him from alleged contractors when the suspect was serving as the Sports Minister.

The prosecution said that there was a property in London belonging to the suspect which was purchased from the money (Rs. 25 million) given to him by his brother in Japan, but the so-called transactions were not yet found during the investigation.

The CID filed charges against the suspect under section 389 of penal code and sections 3 and 4 of the Money Laundering Act.

Meanwhile, former minister and one other, who were noticed to appear in Court over a case filed by the Bribery commission in connection with a Rs. 53 million misappropriation taken place while importing and distributing sports equipment to schools and sports clubs in 2014, were also released on bail today.

Chief Magistrate released them over that case on a cash bail of Rs. 100,000 with two sureties of Rs. 5 million each for every suspect.

The case was filed by the bribery commission over corruption charges under the section 70 of the Bribery Act.

The prosecution alleged that the suspects had committed the offence while importing and distributing 14,000 Carom Boards and 11,000 checker boards.

Tax exemption on Beer Company: Ravi K, 13 others noticed to appear in court

By Shehan Chamika Silva

Court of Appeal today issued notices to Finance Minister Ravi Karunanayake and thirteen others to appear in court on October 12 pursuant to a writ petition filed by Ven. Agulugalle Jinananda Thera against the decision of the Finance Ministry to exempt customs levies on a Beer Company in Biyagama.

The petitioners stated in the petition that a special decision had been taken by the Finance Ministry to waive-off customs taxes to a company known as Lion Brewery Plc for a period of four months whereby causing a Rs. 6 billion financial lost to the State.

The petitioners seek a writ order from the court to against the ministry’s decision of exempt of customs levies from the beer company.

Ven. Ginanada Thera and five others cited Finance Minister, Secretary of Finance Ministry, Director General of Customs and eleven others as respondents.

The petition came before the Bench comprising Justice Vijith Malalgoda (president) and Justice Prithi Pathman Soorasena.

$14 mn MIG aircrafts deal: FCID seeks Intl. warrant on Udayanga Weeratunga

By Shehan Chamika Silva

The FCID, for the second time, today requested court to issue an arrest warrant through Interpol on one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga over the inquiry conducted into the huge financial loss caused to the Government in the purchase of Ukraine-built MIG-27 aircrafts in 2006.

In a report submitted to the court, the Foreign Ministry had informed that according to the Ukrainian Foreign Ministry; Mr. Weeratunga was not currently residing at the given address in Ukrain therefore the summons were not handed over to him.

On the earlier occasion, refusing the FCID's request to issue an international warrant on Mr. Weeratunga, the Fort Magistrate noticed him to appear in court over the inquiry and ordered to send the summons through Foreign Ministry to the address in which he lives in Ukraine.

Filing a further report in court, FCID Chief Inspector Francis Nihal told court that Mr. Weerathunga had been deliberately absconding the court avoiding him being interrogated into the alleged aircraft deal.

He said former ambassador had not returned his diplomatic passport to the Foreign Ministry yet and traveling illegally one country to another using forged passports.

He further said, According to reports; Mr. Weeratunga was recently seen in a photograph taken with former president Mahinda Rajapaksa and it was evident that he was deliberately absconding the prosecution disregarding the court orders.

The prosecution further said that the broad investigation into misplacing the original contract document of the alleged deal was being continued by the FCID as few statements had been recorded from the Air Force officials.

The prosecution said it was reported that the alleged contract was signed with the presence of Mr. Udayanga Weeratunga at his official house.

In the original contract, the supplier company, 'Belimisa Holdings', was cited as a company located in Britain, but according to the Singapore Financial Intelligence; it was a Singaporean company, said FCID.

Even though, Mr. Weerathunga was not named as a suspect to the case yet, he was the one who knows all about so-called contract, thereby need to be interrogated over the inquiry, said the Prosecution.

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.

Considering the prosecution request the Colombo Fort Magistrate Lanka Jayaratne fixed September 30 to decide on issuing international warrant on Udayanga Weerathunga.

Earlier, the FCID summoned Mr. Weeratunga to record statements over the inquiry but he was not in the country and later the prosecution was informed by the Mr. Weeratunga's relatives that he resides in Ukraine.

HC convicted two men over raping a minor girl in 2002

 By Shehan Chamika Silva

Colombo High Court Judge Pathmini N Ranawak today convicted two individuals over the charges of raping a minor girl in Buttala area on September 26, 2002.

The two convicts, Chaminda Shrinath and Kudahettige Rajawansa Karunadeera sentenced to 17 years and 10 years imprisonment respectively by the Court.

The Court also imposed a fine of Rs. 10,000 each convicts and ordered the convicts to compensate the victim with Rs. 50,000 each.

However, another individual into the case was acquitted by the court, as the prosecution had not proven the allegations against him beyond reasonable doubts.

The Attorney General had earlier indicted three individuals on four counts under section 363 (rape) of the Penal Code for raping a minor girl, who was below the age of 16.

Thajudeen Murder: Former JMO dispatched body parts to SAITM: CID

Court orders to recover phone details

By Shehan Chamika Silva

Inspector of Police, Homicide Division of CID, Ravindra Wimalasiri today told Court, according to statements recorded from a few witnesses, the former chief JMO Ananda Samarasekara had dispatched some body parts of Wasim Thajudeen from a vehicle to the Saitm Private Campus in Malabe after the first autopsy.

The CID filing a further report informed Court that according to the statements recorded from two officers at the JMO's office; it was revealed that following the conclusion of the autopsy, the former Chief JMO had returned to the office and cut some parts of the victim's body. Later, he had placed them in the refrigerator, the CID said.

The prosecution said after releasing the body to the relatives that the former JMO had taken away the body parts from the refrigerator a few days prior to his retirement.

The CID had also informed court that it had begun an investigation concerning the missing body parts under the Public Property Act, because the body parts had earlier been taken to the former JMO's custody as case productions and, therefore, they belonged to the state.

Meanwhile, acceding to the request of the prosecution, the Magistrate issued an order to a Software Engineer, who was attached to the maintenance staff of the phone network of the Presidential Secretariat, to assist the CID to recover the phone details that were deleted.

Earlier, the CID informed there were phone calls received by the Narahenpita OIC from the Presidential Secretariat on the day that Wasim Thajudeen was found dead and the prosecution later found that the phone details were deleted from the data base.

However, they had recovered a CPU from the data base in expectation of recovering the selected data.

Considering the report submitted by the Director of the Colombo National Hospital, the Magistrate Nishantha Peiris advised the second suspect Anura Senanayake to assist the Director of Colombo National Hospital providing his medical history in order to tender a comprehensive report on the suspect's medical condition in court.

The Magistrate observed that the decision over the request of the aggrieved party, that the suspect was been continuously treated at the Paying Ward at CNH, would be taken into consideration after the Director of CNH submitted his comprehensive report over the suspect.

Earlier, considering the requests of the aggrieved party, the Magistrate ordered the Director General of the Colombo National Hospital to submit a comprehensive report on whether former SDIG Anura Senanayake had received treatment at the CNH or any other hospital from 2003 to date (regarding his so- called illness).

In a further report the CID had informed Court that according to the statement recorded from the OIC of the Colombo South Scenes Of Crimes Officers (SOCO) Kirthi Iddamalgoda; it was revealed that the Narahenpita Crimes OIC and Police OIC were informed to conduct a Government Analyst inquiry on the burnt vehicle by him.

However, the Narahenpita Police had not called for a GA report over the vehicle.

The CID also said that the photos which were taken by an officer attached to the SOCO were also not called for the autopsy by the Chief JMO.

The prosecution said that the suspects -- former SDIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera -- had been charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code, and that according to the provision in Section 13 of the Bail Act, a person who had been charged with an offence punishable with death or with life imprisonment, shall not be released on bail except by a judge of the High Court.

They had been arrested by the CID and charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code in connection with the murder of Ruggerite Wasim Thajudeen.

Considering that the suspects had already filed revision bail applications in the High Court, the Magistrate re-remanded the suspects till October 5.

The former SDIG and the former Crimes OIC have also been charged with causing the disappearance of evidence, fabricating false evidence, using it to shield the offender and conspiring under Clauses of 189,198 and 296 of the Penal Code.

Uduwe Dhammaloka's case: Trial re-fixed for Jan 17, 2017

By Shehan Chamika Silva

The trial conducted against Ven. Uduwe Dhammaloka Thera, who was accused of keeping an elephant in captivity without a valid license, was re-fixed for January 17, 2017 by Colombo High Court Judge Nissanka Bandula Karunaratne yesterday.

The Thera was indicted by the Attorney General on two counts under the Flora and Fauna Act and the Public Properties Act over the alleged possession of a baby elephant at the Alan Mathiniyarama Temple without a license in or around the period January 28, 2015.

Yoshitha seeks to travel abroad for medical treatments

By Shehan Chamika Silva

In a motion filed in the Colombo High Court today, Yoshitha Rajapaksa has sought court permission to travel abroad for medical treatment.

The Colombo High Court fixed September 22 to consider the motion.

The travel ban was imposed by the Kaduwela Magistrate during the case in which Yoshitha faced money laundering charges was taken up for hearing.

Defamatory Ad during polls campaign -- Radaliyagoda, 11 others released

By Shehan Chamika Silva

Independent Television Network's former deputy general manager Sudarman Radaliyagoda and 11 others were today released by Colombo Additional Magistrate Aruni Attigalle in the case where they were alleged to have used a minor in a defamatory advertisement aired during the 2015 presidential election campaign.

The order was based on the advice received from the Attorney General.

Earlier, the Police Children and Women's Bureau had investigated a complaint that the suspects had allegedly abducted a child and had used him in a defamatory advertisement during presidential election campaign.

Sajin Vass gets bail in Mihin Lanka case

By Shehan Chamika Silva

Sajin Vass Gunawardena was today released on bail in the case filed by the Bribery Commission which alleged that he had entered into a contract with a Singaporean Company for Rs.883 million to obtain ground-handling equipment for Mihin Lanka while functioning as CEO.

The Colombo Chief Magistrate released him on a cash bail of Rs.250,000 with four sureties of Rs.10 million each.

Investigations had revealed that Mr. Gunawardena had entered into the three-year contract with Singaporean Company PPL Inter Private Limited for the supply of ground handling equipment to the airline.

Mr. Gunawardena who was the then CEO of Mihin Lanka was not only liable for not following correct tender procedures to seek the services of the foreign company but had also disregarded responses from three other companies that showed a willingness to supply such equipment at a lower price.

It was also revealed that Mr. Gunawardena had failed to state any specific reasons for granting the contract to the company.

Lalith Weerathunga's case trial continues

By Shehan Chamika Silva

The continuation of leading evidence of the prosecution over the trial against Former Presidential Secretary Lalith Weerathunga and Former Director General of the Telecommunications Regulatory Commission Anusha Palpita pertaining to the distribution of Sil Redi during the period leading up to the 2015 Presidential Election was fixed for September 28 by Colombo High Court today.

The prosecution witness Number 5 had delivered his evidence yesterday in court.

The duo is charged for using Rs. 600 million of the Telecommunications Regulatory Commission to distribute Sil Redi during the Presidential election.

Magistrate orders immediate arrest of MD who sexually assaulted female employee

 By Shehan Chamika Silva

Rejecting the anticipatory bail application filed into the case, in which a female investment consultant of a leading stocks broking company had been sexually assaulted by its Managing Director, Colombo Additional Magistrate Nishantha Peiris today ordered the police to arrest the suspect immediately and produce before court.

Upon the complaint received from the victim woman, the police had conducted an investigation and subsequently filed a B report informing the court over the alleged suspect as Kosala Udayanga Dhodampe Gamage.

However, prior to the police filing a B report in court, the suspect had filed an anticipatory bail application in Colombo Chief Magistrate's Court in expectation of prevent him being arrested by the police over the incident.

Both Anticipatory Bail Application and Magisterial inquiry into the B report were taken up for the consideration before Colombo Additional Magistrate Nishantha Peiris.

The Magistrate delivering a 79 pages order on the anticipatory bail application, observed that there were no grounds to concern as the allegation was just a mere move of the victim.

He observed if the suspect is concerning over tarnishing his reputation by the victim, the suspect has a legal provision to file a ‘dialect law suit’ in District Court demanding remedies to the incident.

Further, The Magistrate considered that the rights of the suspect were not violated when the victim had lodge a complaint with police seeking an inquiry over the incident.

According to the aggrieved party counsel, Susantha Kumara and Kosala Jayakody, the victim woman was earlier demanded to have a sexual relationship with him by the suspect and following the refusal of the victim on that demand the suspect had assaulted her sexually at the stair cases of the office, where the CCTV cameras were not operating.

However, the counsel appeared for the suspect told earlier court that the allegation was completely a haphazard as the victim woman was suspended by his client prior to this incident over an inquiry into the finacial fraud at company.

The police in the B report had stated that the suspect had allegedly committed an offence fell under section 345 (Sexual harassment) of the penal code.

Ast. principal remanded over soliciting bribe for school admission

By Shehan Chamika Silva

A former assistant Principal, who had solicited a bribe of Rs. 35,000 for the admission of a student in Nugawala Primary School in Kandy, was ordered to be remanded till September 26 by Colombo Chief Magistrate Gihan Pilapitiya.

The Bribery Commission had arrested the suspect deploying a decoy while accepting a bribe of Rs. 15,000.

The Commission said the suspect had earlier obtained Rs. 20,000 from the parents of the child in order to grant the admission into the school.

FCID probes over irregularities at National Blood Transfusion Service

By Shehan Chamika Silva

The FCID informed court that it had initiated a broad investigation against former Deputy Director General of Health Services over misusing state funds at National Blood Transfusion Service.

Filing a B report in Colombo Chief Magistrate's Court, the FCID informed that it had commenced the investigation upon a complaint received by an anonymous complainant in August 2015.

The prosecution stated in the B report that they were conducting the investigation over the alleged financial irregularities taken place in 2013, while purchasing high technological equipment and constructing buildings to the National Blood Transfusion Service under a foreign project, which was collaborated with Netherland.

The FCID further said they were conducting a sensitive inquiry over the fraud allegations against DDG of Health Services, Ananda Gunasekara, who was the chief of the so-called Netherland Project.

The prosecution had also informed that it had recorded statement from the current director of the Netherland project of the Blood Transfusion Service in to the inquiry.

Aluthgamage remanded over money laundering charges

By Shehan Chamika Silva

Former Minister Mahindananda Aluthgamage who was arrested by the CID over money laundering charges in connection with the purchase of a property worth Rs. 27 million in Colombo 7, was ordered to be remanded till September 22 by Colombo Additional Magistrate Nishantha Peiris.

On a complaint received from JVP councilor Wasantha Samarasinghe, the CID initiated a broad investigation on the alleged illegal acquisitions of the suspect and they had conducted an inquiry into six alleged purchases of properties by the suspect.

The prosecution alleged that the suspect was arrested over the purchase of a property located on Kynsey Road, Colombo 7.

The suspect had used the money from his bank account at Bank of Ceylon Parliament branch to purchase the Rs. 27 million worth property on February 26, 2013.

The CID told court the money had been derived from illegal acquisitions to the so-called bank account in 2013 through three cheques deposited by Douglas Kahawage (a person attached to the liberal labour Congress Sri Lanka), Siril Jayasinghe (government Contractor) and Wasantha Rajapaksa (suspect's driver).

Filing a B report in court, the prosecution also informed court according to the complaint, the CID was conducting a broad investigation over the alleged properties belonging to the suspect in abroad as well.

The CID filed charges against the suspect under section 389 of the penal code and sections 3 and 4 of the Money Laundering Act.

Appearing on behalf of the suspect, Kalinga Indatissa PC told court that according to the section 14 of the Bail Act, there was no ground to refuse bail for his client, because neither the suspect had interfered with the witnesses at any time during the inquiry nor he had hampered the investigation.

He requested bail on the basis that there were more than 150 statements recorded from the witnesses and the suspect had also provided statements every time the prosecution had summoned him.

Before delivering the order the Magistrate considered the both the Defence Counsel's submission and the B report filed by the prosecution in Court.

The Magistrate Peiris observed the Constitution, precedents, section 115 (Procedure when investigation cannot be completed in twenty-four hours) of the Criminal Procedure Code and section 14(1) a (2) (obstruct the course of justice) of the Bail Act before remanding the suspect.

Instructing the prosecution to expedite the investigation, the magistrate said, even though a magistrate has a judicial power to remand the suspect for a 15 days period on such cases according to law, the suspect would be remanded for a seven days period. He also instructed the prosecution to expedite the investigation.

Fake IGP re-remanded

By Shehan Chamika Silva

A man, who was arrested by the CID over impersonating the IGP on Facebook deceiving women to obtain various unlawful advantages, was remanded till September 19 by Colombo Additional Magistrate Nishantha Peiris.

On a complaint received from a woman, the CID conducted an investigation to apprehend the suspect and arrested at BIA on arrival to the country from New Zealand.

According to the complainant the alleged suspect, Madushan Weerasekara, had deceived her impersonating as IGP on FB.

The CID told court that the mobile phone recovered in the possession of the suspect was expected to be handed over to the Colombo University for further investigations.

Four CAA officers who solicited bribe at Mahara court premises remanded

By Shehan Chamika Silva

Four investigation officers attached to the Gampaha Consumer Affairs Authority were ordered to be remanded till September 19 by Colombo Additional Magistrate Nishantha Peiris for allegedly soliciting a bribe of Rs.125, 000 from a businessman at the Mahara Magistrate's Court premises.

The Bribery Commission alleged that the suspects had demanded the bribe on the undertaking that no legal action would be taken against a Polythene Factory, in which the products were not properly labelled before releasing to the market.

The Commission told court the incident was recorded in a CCTV camera located at Mahara Magistrate's Court premises and expecting to obtain footage in the camera soon to conclude the investigation.

The suspects were Sumith Nishantha, Harshana Kumara, Lasantha Rajapaksa and Charunda Prasad.

Former JMO's anticipatory bail application rejected

By Shehan Chamika Silva

The anticipatory bail application filed by Colombo's former chief judicial medical officer Ananda Samarasekera seeking bail in expectation of being arrested over alleged missing body parts of the late Wasim Thajudeen, was rejected by Colombo Additional Magistrate Dulani Amarasinghe.

Delivering an eight page order, the magistrate considered the possible impediments or influences that could effect the investigation on the murder of Wasim Thajudeen and missing body parts of the victim.

On anearlier occasion, raising a preliminary objection, Deputy Solicitor General Dilan Ratnayake revealed in court that, according to statements recorded from a few witnesses, the former chief JMO Ananda Samarasekara had dispatched body parts of Wasim Thajudeen from the refrigerator a few days prior to his retirement.

DSG informed that the CID had begun an investigation concerning the missing body parts under the Public Property Act -- because the body parts had earlier been taken into the former JMO's custody as case productions and, therefore, they belonged to the state.

In the application, the complainant, Dr Ananda Samarasekara had cited the respondent as OIC of the Crime Investigation Department.

An anticipatory bail application can be filed by an individual seeking bail in anticipation or in expectation of being named or arrested of having committed a non-bailable offense.

He had also earlier filed a fundamental Rights petition in Supreme Court against the imminent infringement of his fundamental rights in relation to the ongoing investigation into the death of late Wasim Thajudeen.

Chanuka Ratwatte, 4 others remanded over Rs. 4.2 bn misuse of govt. funds

By Shehan Chamika Silva

Anurudda Ratwatte's son, Chanuka Ratwatte and four others, who were arrested by the FCID in connection with an alleged misappropriation of Rs. 4.2 billion government funds, were ordered to be remanded till September 28 by the Colombo Fort Magistrate Lanka Jayaratne.

The prosecution alleged that the suspects had misused the funds belonging to the four departments of the Central Bank and the Employees Provident Funds at the CEB while investing those funds in the Government Securities through an alleged company named as 'Entrust Securities PLC', which is headed by the suspects.

The Central Bank took over Entrust Securities PLC this January and handed it over to the National Savings Bank as the management agent, to restructure the troubled primary dealer.

The Central Bank however did not directly admit uncovering of any fraudulent activities by the company/top management but said it was taken over to ensure the credibility of the government securities market.

The FCID said the suspects were member of the alleged company, which was registered under the Central Bank as a primary sales broking company to invest in securities and bonds.

They told court that the government funds were never invested in the securities, but it was revealed that some funds were transferred into the Entrust Ltd causing a huge financial lost to the government.

The suspects were charged under the section 5(3) and 8(3) of the Public Property Act and section 386 of the Penal Code over criminal breach of trust and misappropriation.

Suspects were Dharmapriya Bandara Dasanayake (Chairman of the Entrust Securities PLC), Chanuka Ratwatte (Managing Director), Romesha Dushanthi Senarath Executive Director), Sanjeewa Dayaratne (Director) and Niloshan Romelo Mendis (Director).

Upon a complaint received from the Central Bank, the FCID conducted the investigation over the allegations.

Managing Director suspected over sexually assaulting female employee

By Shehan Chamika Silva

Bambalapitiya Police informed court about an alleged incident where a female Investment Consultant of a leading Stock Broking Company had been sexually assaulted by its Managing Director.

Upon the complaint received from the victimised woman, the police had conducted an investigation and subsequently filed a 'B' report informing the court over the alleged suspect as Kosala Udayanga Dhodampe Gamage.

However, prior to the police filing a 'B' report in court, the suspect had filed an anticipatory bail application to the Colombo Chief Magistrate's Court not to be arrested by the police over the incident.

Both the anticipatory bail application and the Magisterial Inquiry into the 'B' report were taken up yesterday before the Colombo Additional Magistrate Nishantha Peiris.

Considering the applications submitted by the prosecution, aggrieved party Counsel Kosala Jayakody/Susantha Kumara and the counsel who appeared for the suspect, the Magistrate ordered the parties to tender their stance to court in writing before September 13 and fixed the order on anticipatory bail application on September 20.

According to the aggrieved party counsel, Susantha Kumara and Kosala Jayakody, the victim, woman had earlier refused to have a sexual relationship with him and following the refusal of the victim on that demand the suspect had assaulted her sexually at the stair case of the office, where the CCTV cameras were not operating.

However, the counsel who appeared for the suspect told court that the allegation was completely haphazard as the victim woman was suspended by his client prior to this incident over an inquiry into the financial fraud at the company.

The police in the 'B' report had stated that the suspect had allegedly committed an offence that fell under section 345 of the penal code.

No plans to build Coal Power Plant in Sampur: DSG

By Shehan Chamika Siva

The Ministry of Power and Renewable Energy had decided not to go ahead with the construction of the Sampur Coal Power Plant (CPP), Deputy Solicitor General Sanjaya Rajaratnam informed Court.

On this basis the SC concluded the proceedings of the Fundamental Rights petition filed by the Environmental Foundation Ltd against the construction of the proposed Sampur Coal Power Plant.

The DSG told Court that Ministry Secratary Amaranath Batagoda had informed the AG that the Ministry would not go ahead with the building of the coal power plant in Sampur as earlier planned.

The petition was taken up for support by a SC Bench comprising Chief Justice K. Sripavan and Justice Prasanna Jayawardena.

The petitioner had cited 14 respondents.

Indo-lanka kidney racket: Seven suspects further remanded

By Shehan Chamika Silva

Colombo Additional Magistrate Mohammad Mihar re-remanded till September 27 the seven suspects arrested on charges of violating immigration laws in connection with the Indo-Lanka kidney racket.

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

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

Keheliya's bribery case: trial postponed

By Shehan Chamika Silva

The trial conducted against former Minister Keheliya Rambukwella and two others for allegedly incurring a loss of Rs. 990,00 to the government when purchasing 600 GI pipes using funds belonging to the Sri Lanka Rupavahini Corporation (SLRC) during the last Presidential Election, was postponed for October 4 by Colombo Additional Magistrate Aruni Attygalle.

The Commission to Investigate Allegations of Bribery or Corruption had filed charges against former Minister Rambukwella, former SLRC Director General SLRC Director General Chandrapala Liyanage and former SLRC Chairman Wimal Rubasinghe under section 70, 'corruption charges' of the Bribery Act.

The Bribery Commission alleged that the three suspects had caused the loss to SLRC after the unnecessarily purchase of 600 GI pipes on or around December 2, 2014.

Former JMO's Anticipatory Bail Application: order fixed for Sep 15

By Shehan Chamika Silva

The order on the Anticipatory Bail application filed by former Chief Judicial Medical Officer (JMO) Dr. Ananda Samarasekera in expectation of being arrested over alleged missing body parts of the late Wasim Thajudeen was fixed for September 15 by Colombo Additional Magistrate Dulani Amarasinghe.

The order was fixed after both the petitioner and respondents tendered their written submissions in court.

Earlier, Deputy Solicitor General (DSG) Dilan Ratnayake, citing witness statements, told court that Dr. Samarasekara had dispatched body parts of Wasim Thajudeen from the refrigerator a few days before his retirement.

The DSG said CID investigations into the missing body parts had commenced as they had been taken into the former JMO's custody as case productions, and therefore belonged to the state. He added that Dr. Samarasekara had removed the body parts a year prior to delivering his first autopsy report.

In the application Dr. Samarasekara had cited the OIC of the CID as the respondent. An Anticipatory Bail application can be filed by an individual seeking bail in expectation of being named or arrested of having committed a non-bailable offense.

Dr. Samarasekara had earlier filed a Fundamental Rights petition in the Supreme Court against the imminent infringement of his fundamental rights in relation to the ongoing investigation into the death of the late Wasim Thajudeen.

Businessman killing: another suspect remanded

By Shehan Chamika Silva

Another suspect, arrested in connection with the abduction and killing of a Bambalapitiya businessman, was ordered to be remanded till September 15 by Colombo Additional Magistrate Nishantha Peiris.

Currently nine suspects are in remand custody over the killing of businessman Mohammad Sulaiman.

The Magistrate also annulled the travel ban imposed on five individuals who were earlier suspected by the Colombo Crimes Division for the killing.

The order was made after the prosecution informed court that investigations had not shown any evidence that these individuals were connected to the incident.

Four CAA officers who solicited bribe at Mahara court remanded

By Shehan Chamika Silva

Four officers attached to the Gampaha Consumer Affairs Authority (CAA) were remanded till September 15 by Colombo Chief Magistrate Nishantha Peiris for allegedly soliciting a bribe of Rs.125,000 from a businessman at the Mahara Magistrate's Court premises.

The Bribery Commission charged that the suspects had demanded the bribe on the undertaking that no legal action would be taken against a Polythene Factory of which the products were not being properly labelled before being released to the market.

The incident was recorded on a CCTV camera in the Mahara Magistrate's Court premises, and camera footage would be used to for the investigations, the Bribery Commission said.

The suspects were Sumith Nishantha, Harshana Kumara, Lasantha Rajapaksa and Charunda Prasad.

Rohitha Abeygunawardane permitted to travel abroad

By Shehan Chamika Silva

The Colombo High Court permitted Parliamentarian Rohitha Abeygunawardane to travel abroad in connection with the case regarding alleged illegal acquisition of assets worth Rs. 41 million between 2004 and 2006.

High Court Judge Nissanka Bandula Karunaratne allowed the suspect to travel abroad from September 25 to October 25.

The Bribery Commission had earlier indicted him in the Colombo High Court over committing an offence that fell under Bribery Act.

The case was postponed for October 31.

1-2 majority verdict sentenced Duminda Silva, 4 others to death

By Shehan Chamika Silva

Former Parliamentarian Duminda Silva and four others sentenced to death by the Colombo High Court today over the killing of Bharatha Lakshman Premachandra and three others in 2011.

The verdict was given on 1/2 majority by the trial at bar comprising Judges Shiran Gunaratne (President), Pathmini N Ranawaka and MCBS Morais.

The accused were convicted on charges of Rioting, unlawful assembly with common objective to commit a crime, criminal intimidation causing death or grievous hurt and the charge of murder under the Penal Code and Fire Arms Ordinance.

The verdict was divided when the president of the trial at bar, Judge Shiran Gunaratne delivered his judgment  acquitting all 13 accused from every charges filed against them due to the lack of integrity of the witnesses produced by the prosecution during the trial and prosecution’s inability to prove beyond reasonable doubt over the given charges precisely.

Accused Withanalage Anura Thushara de Mel (1st accused) convicted on eight charges while other accused Chaminda Ravi Jayanath alias Dematagoda Chaminda (3rd accused), Sarath Bandara, Janaka Bandara Galagoda (10th accused), who had gone missing, and duminda Silva (11th accused) were convicted on ten counts each.

Apart from the murder charge third, seventh, tenth and eleventh accused were fined Rs. 40,000 and imposed 26 and half years Rigorous Imprisonment with life time imprisonment over the other charges while the other first accused of the case was fined Rs. 20,000 and imposed 22 and half years rigorous imprisonment with life time imprisonment.

Eight accused, Chandana Jagath Kumara, Lanka Rasanjana, Malaka Sameera, Widanage Amila, Suranga Premalal, Saman Kumara Abeywickrama, Rohana Marasinghe and Liyanarachchi Shaminda were acquitted by the trial at bar unanimously over the all charges filed against them into the incident as the prosecution failed to prove charges on them beyond reasonable doubt.

Delivering the majority judgment, Colombo High Court Judge Pathmini N Ranawaka observed that the prosecution had proved during the trial, that the 11th accused of the case, Duminda Silva had lead the other suspects to the crime carrying the intention to kill the victim, Bharatha Lakshman Premachandra using the event as an opportunity, since it was evident that the accused had a long running resentment with the victim.

The Judge also held that according to the medical reports submitted in court by the prosecution; the accused Mr. Silva had been influenced with alcohol when the brawl and shooting were taken place within the Kolonnawa electorate, during the Local Government elections in October, 2011 against the victim’s side.

Rejecting the defence argument raised during the trial that the Duminda Silva was first shot by the opposition at the shooting the Judge ascertained that the accused as a parliamentarian and a well known person about the armed security attached to the Mr. Premachandra, he should have acted having the awareness of the consequences could occur from such a shooting..

Defence counsel Anil Silva PC who appeared for the convict Duminda Silva observed that such a verdict of an accused carrying a serious illness of life threatening being convicted with capital punishment was seen in first time in the country's legal arena.

Meanwhile, delivering dock statements before the death penalty was pronounced, all four convicts including Duminda Silva told court that they were innocent and not guilty over the charges put forward against them.

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.

Justice finally prevailed: Hirunika Premachandra

By Shehan Chamika Silva

In the immediate aftermath of the High Court convicting her father's murder accused to death, Colombo District Government MP Hirunika Premachandra, broke down in Courts said justice prevailed finally and thanked the government of good governance.

Speaking to the media outside the High Court premises, she said it was President Maithripala Sirisena who created the environment for judicial independence and as a result justice had been served to the aggrieved party.

“Justice has finally been served. Not a single night went without me and my mother crying and a day without the memories of our father. We still feel his presence in our home,”she, flanked by her mother, said .

While welcoming the court order, she said she was not elated over the fact that five suspects were sentenced to death. “We are not inhumane to be happy about when someone else is in pain,” she said.

Meanwhile, she said that she hoped justice would be served in the cases of Lasantha Wickramatunge, Prageeth Eknaligoda and Wasim Thajudeen too. “Members of these families too can heave a sigh of relief when justice is served,” she said.

Mahindananda Aluthgamage noticed

By Shehan Chamika Silva

Former Minister Mahindananda Aluthgamage and one other person were yesterday noticed to appear in court on September 27 by Colombo Chief Magistrate Gihan Pilapitiya over the case filed by the Bribery Commission under corruption charges against the suspects.

The Commission filed the case against former Minister and Store Keeper of the Sports Development Department, Ajith Nishantha Gunasekara over an alleged misappropriation Rs. 53 million that took place in 2014.

Convicts of Bharatha killing to appeal before SC

By Shehan Chamika Silva

Following the death sentence imposed on Duminda Silva and four others, the defence counsel who appeared for the suspects confirmed to the media that they would appeal in the Supreme Court against the judgment given by the 1/2 majority of the trial at bar.

The counsel said within the 40-day time period, which has been provided by law, they would go before the Supreme Court over the judgment.

Fake IGP remanded

By Shehan Chamika Silva

A man, who was arrested by the CID for impersonating the IGP on facebook and deceiving women to take advantage of them, was remanded till September 15 by Colombo Chief Magistrate Gihan Pilapitiya.

On a complaint received from a woman, the CID conducted an investigation into the nefarious activities of the suspect and succeeded in arresting the culprit on his arrival at the airport.

According to one of the complaints received by the CID, the alleged suspect had deceived a woman after posing as the IGP on fb, where he had made certain sexually explicit requests of her.

Wimal Weerawansa's brother re- remanded

By Shehan Chamika Silva

Former Minister Wimal Weerawansa's brother Sarath Weerawansa, who was arrested by the FCID over misusing a government vehicle causing Rs.10.5 million financial lost to the Government, was ordered to be further remanded till September 21 by the Colombo Fort Magistrate Lanka Jayaratne.

The FCID told court that the Presidential Secretariat in 2009 had permitted to obtain 12 vehicles for the parliamentarians elected from the NFP.

The suspect, who was not a parliamentarian at that moment, had illegally obtained one vehicle of it and used it for his personal purposes until 2015 causing Rs. 8.9 million financial lost to the government.

Later in 2012, the suspect had been appointed as the private secretary to the then Minister of Housing and Construction and had obtained a fuel allowance of Rs. 1.6 million under the disguise that he would use his private vehicle for ministerial works while already using a vehicle given by the PS.

The FCID also said that There was a huge finacial misappropriation tajen place while using the fuel allowance book pertaining to the highly protected vehicle given to the Minister Weerawansa by the PS. The prosecution said using that fuel allowance book the suspect and few others had illegally obtained fuel for some other vehicles.

Thajudeen Murder: Carlton House interconnected with PS phone network

By Shehan Chamika Silva

Senior State Counsel Dilan Ratnayake informed Court that it had been revealed that Carlton House in Hambanthota had been included in the internal phone network connection of the Presidential Secretariat.

Earlier, the CID had informed court that there were phone calls from the Presidential Secretariat and Temple Trees to Narahenpita Police OIC Damien Perera on the day that Wasim Thajudeen was found dead.

The state counsel also said that, according to statements recorded from a few witnesses, the former chief JMO Ananda Samarasekara had dispatched body parts of Wasim Thajudeen from the refrigerator a few days prior to his retirement.

The CID had also informed court that it had begun an investigation concerning the missing body parts under the Public Property Act -- because the body parts had earlier been taken into the former JMO's custody as case productions and, therefore, they belonged to the state.

Considering the requests of the aggrieved party and the prosecution, Magistrate Nishantha Peiris ordered the Director General of the Colombo National Hospital to submit a comprehensive report on whether former SDIG Anura Senanayake had received treatments at the CNH or any other hospitals from 2003 to date (regarding his so- called illnesses). The magistrate also ordered the DG to submit a medical report on the present medical condition of the SDIG and the necessity for him to be treated continuously at a paying ward in the CNH.

The prosecution said that the suspects -- former SDIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera -- had been charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of acommon intention) of the Penal Code, and that according to the provision in Section 13 of the Bail Act, a person who had been charged with an offence punishable with death or with life imprisonment, shall not be released on bail except by a judge of the High Court.

They had been arrested by the CID and charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code in connection with the murder of ruggerite Wasim Thajudeen.

Considering that the suspects had already filed revision bail applications in the High Court, the magistrate re-remanded the suspects till September 21.

The former SDIG and the former Crimes OIC have also been charged with causing the disappearance of evidence, fabricating false evidence, using it to shield the offender and conspiring under Clauses of 189,198 and 296 of the Penal Code.

Statement recorded from Neville Wanniarachchi over money laundering inquiry

By Shehan Chamika Silva

The CID told court that it had recorded statements from 40 individuals including chief security officer of former President Mahinda Rajapaksa Neville Wanniarachchi over the inquiry conducted into the security officers under the Money Laundering Act.

Inspector Dinesh Silva, the OIC of Finance Crimes Unit of CID also informed court that the transaction and other bank details pertaining to Captain Tissa Wimalasena, Damith Gomin Ranasinghe and Neville Wanniarachchi were not yet received from the commercial banks and financial institutes.

The prosecution also told Colombo Chief Magistrate that based on the investigation conducted so far there were no any obvious charges being found into the inquiry but the investigations are underway over the incident.

The CID had initiated investigations into this matter consequent to a complaint made by the Anti-corruption Secretariat.

Committee rules out post mortem for Sobitha Thera

By Shehan Chamika Silva

A special panel of doctors from the Colombo National Hospital (CNH), who conducted an inquiry into the demise of Ven. Maduluwawe Sobitha Thera yesterday informed court that the cause of death given by the Singaporean hospital authorities was in keeping with the documented clinical features and sequences of events that were already known and therefore a need does not arise to request for an inquest or post mortem report.

Filing their report into the investigation into the death of the Thera, the committee, which included Director General of National Hospital, Anil Jasinghe and five others, said that they were satisfied about the treatment given to the late Thera and that the committee could not find any form of negligence on the part of the hospital in question. The Committee also mentioned that there was no evidence to suggest that any part of the records of the late Thera had gone missing.

After scrutinizing all the medical documents received from the Colombo National Hospital, Neville Fernando Teaching Hospital and the Central Hospital, the committee suggested that due to the fact that all the documented clinical features were in keeping with the cause of death given by the Singaporean authorities, their committee too agreed with that diagnosis.

Earlier, the Court directed Dr. Jasinghe to appoint a special panel of doctors to look into the death of Ven. Maduluwawe Sobitha Thera following a request made by the CID on a complaint made to them by Ven. Uduwe Dhammaloka Thera.

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

Sarana to appear in court over 2 non-declaration of assets charges

By Shehan Chamika Silva

Former Development Board (DLB) Chairman Sarana Goonawardane was noticed to appear in court on October 26 by the Colombo Chief Magistrate over a case filed against him for not declaring his assets in 2005 and 2007.

The Bribery commission yesterday filed two cases against the suspect which comes under the Non Declaration of Assets Act.

The suspect was still facing nine other cases as well filed by the Bribery Commission over corruption charges that allegedly occurred during the time he was the Chairman of the same institution.