Thajudeen Murder: Don' hesitate to investigate into phone calls received from Presidential Sec. and Temple Trees: Magistrate

By Shehan Chamika Silva

Colombo Additional Magistrate Nishantha Peiris advised the CID that there was no obstacle to deploy usual investigation into the phone calls received from the Presidential Secretariat (PS) and Temple Trees (TT) to the Narahenpita OIC on the day that Wasim Thajudeen was found dead.

The Magistrate directed the prosecution to summon any person attached to the PS or TT without hesitation if necessary for the inquiry.

Considering the request made by Counsel Misba Sathar, who appeared for the aggrieved party, the Magistrate also informed the CID to take appropriate steps on former Colombo Chief JMO Ananda Samarasekara before long, because no court has given any stay order yet preventing him being arrested.

The Magistrate told the prosecution to go ahead with necessary legal actions in line with the criminal procedure code, if there is sufficient evidence over the suspicious behavior of the former JMO.

Filing a further report in court Deputy Solicitor General said investigation is continuing into the alleged phone calls received to Thajudeen's friend, Ahamad Safar, on the day Wasim Thajudeen was found dead.

He also said the CID had recorded statements from few administrative officers over the inquiry which had begun in association with Health Department, over the alleged dispatch of body parts from Judicial Medical Services office to the SAITM.

Earlier, the CID and a team of experts searched the SAITM Labratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM. And the recovered 19 femur bone pieces and seven bone pieces of chest area were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

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 Nishantha Peiris re-remanded the suspects till December 14..

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.

Rathupaswala Shooting: CID permitted to interrogate ex-SDIG Anura

By Shehan Chamika Silva

 

Colombo Additional Magistrate permitted the CID officials to record statements from former SDIG Anura Senanayake over the magisterial inquiry conducted into the Rathupaswala shooting.

 

The prosecution said former SDIG was the in charge of that Rathupaswala area when the shooting was taken place thereby need to record few essential statements from the SDIG.

 

They requested to record statements within 16 hours while former SDIG in remand custody at the Colombo Remand Prison.

 

The CID sought this permission when the magisterial inquiry into the murder of Wasim Thajudeen was being held.

 

However, speaking to the Magistrate from the defendant’s dock, ex- SDIG said it was unfair to interrogate him while in the remand custody, because he doesn’t possess relevant documents and reports pertaining to the Rathupaswala incident currently.

 

Former SDIG said that he had handed over all the reports to the then Inspector General of Police and also submitted comprehensive report over the incident even to the Human Rights Commission.

 

The Magistrate subsequently advised the suspect to comply with the court for the moment and directed the CID to provide the opportunity for the suspect to peruse previous reports if he needs so.

Avaa members granted bail No PTA for the charges

By Shehan Chamika Silva

The Eleven suspects remanded in connection with committing offences fell under Prevention of Terrorism Act by creating an Organisation called 'Avaa' in association with ex-LTTE members to make unnecessary resistance to the State, were released on bail by Colombo Additional Magistrate Aruni Attigalle.

They were released on two surety bails of Rs. one million each for every suspect.

The Magistrate imposed a travel ban on the suspects and ordered them to report TID post in Jaffna every second Sunday.

The TID told court that it would not bring the charges against the suspects under the Prevention of Terrorism Act but would inquire the incident under money laundering and funding terrorist activities allegations on the instructions of the Attorney General.

 

They were apprehended earlier by the TID in Jaffna for committing offences fell under the section 7(2) of the PTA.

Thajudeen Murder: Do not hesitate to investigate into phone calls received from Presidential Sec. and Temple Trees: Magistrate

 

By Shehan Chamika Silva

 

Colombo Additional Magistrate Nishantha Peiris advised the CID that there was no obstacle to deploy usual investigation into the phone calls received from the Presidential Secretariat (PS) and Temple Trees (TT) to the Narahenpita OIC on the day that Wasim Thajudeen was found dead.

 

The Magistrate directed the prosecution to summon any person attached to the PS or TT without hesitation if necessary for the inquiry.

 

Considering the request made by Counsel Misba Sathar, who appeared for the aggrieved party, the Magistrate also informed the CID to take appropriate steps on former Colombo Chief JMO Ananda Samarasekara before long, because no court has given any stay order yet preventing him being arrested. 

 

The Magistrate told the prosecution to go ahead with necessary legal actions in line with the criminal procedure code, if there is sufficient evidence over the suspicious behavior of the former JMO.

 

Filing a further report in court Deputy Solicitor General said investigation is continuing into the alleged phone calls received to Thajudeen's friend, Ahamad Safar, on the day Wasim Thajudeen was found dead.

 

He also said the CID had recorded statements from few administrative officers over the inquiry which had begun in association with Health Department, over the alleged dispatch of body parts from Judicial Medical Services office to the SAITM.

 

Earlier, the CID and a team of experts searched the SAITM Labratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM. And the recovered 19 femur bone pieces and seven bone pieces of chest area were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

 

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 Nishantha Peiris re-remanded the suspects till December 14..

 

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

Thauheed Jamad's general Secretary’s bail refused

 

By Shehan Chamika Silva

Thauheed Jamad's General Secratary, Abdhul Razeek who was arrested over insulting Buddhism and reprimanding Ven. Ghanasara Thera in filth language was ordered to be re-remanded till December 9 by Colombo Additional Magistrate Chandana Kalansuriya .

Refusing the bail application moved on behalf of the suspect, the Magistrate observed that the suspect had violated the bail conditions imposed on him by the Colombo Chief Magistrate over another case in which he was accused of insulting Buddhism.

He was earlier on a similar case strictly warned by the CMC to respect all religions equally and avoid actions that would wound any religious belief.

According to the prosecution the suspect had reprimanded the Ghanasara Thera using obscene words at a meeting held in Maligawatta area recently.

Colombo Crimes Division said that the suspect had disregarded the court order imposed on him and behaved continuously insulting Ven. thera and the Buddhism circulating his statements via social media. They said that the suspect’s behavior was not a mere defamation to a single monk but an insult to all ‘sanga’.

Appearing for the suspect counsel Maithri Gunasekara said that the suspect had not acted in contradiction to the previous court warning as his client had only addressed an individual who is a monk but not insulted the Buddhism. He said Ghanasara Thera was also not a monk who behaved according to his religion and had insulted several time his client as well.

Counsel Dharshana P. Ranmuthuge who appeared for the aggrieved party told court that despite the behavior or attitude of Ghanasara thera, such defamations may be a trigger in urging unnecessary conflicts between communities.

He also drew court and prosecution's attention to bring forward charges against the suspect under the International Convention on Civil and Political Rights, in which such offences are identified as more grievously.

Karuna remanded over misusing state vehicle

 

By Shehan Chamika Silva

Former Minister, Vinayagamoorthi Muralitharan, also known as Karuna Amman, who was arrested on charges of misusing a state vehicle by the FCID, was ordered to be remanded till December 7 by Colombo Chief Magistrate Gihan Pilapitiya today.

He was summoned before the Financial Crimes Investigation Department (FCID) yesterday morning and subsequently was taken into Police custody.

According to the prosecution, the suspect had received a bulletproof vehicle in 2010 from the presidential Secretariat after being elected as a parliamentarian.

However, following the conclusion of his time as a parliamentarian in August 2015, he had not returned the vehicle given to him.

Based on the statement given to the FCID by the suspect, the so- called vehicle had been sent to a vehicle repairing garage in Baticalo in December 2014 by the suspect to fix some technical errors of the vehicle.

The suspect in his statement had also said that he had informed certain authorities to take back the vehicle from his custody in December 2015, but no actions were taken.

The FCID in October, 2016 had discovered the so-called vehicle at a vehicle garage in Baticalo and initiated a broad investigation into the vehicle keeping a magisterial inquiry at Chief Magistrate Court.

The suspect was arrested over committing offences fell under section 5(1) of the Public Property Act and sections 386 and 388 of the penal code over dishonest misappropriation and criminal breach of trust.

Residents around Alan Mathiniyaramaya files case against Uduwe Dhammaloka

 

By Shehan Chamika Silva

 

A personal complaint (lawsuit) was filed against Ven. Uduwe Dhammaloka Thera in Colombo Chief Magistrate's Court today by four complainants on the allegation of high noise levels sustained by the residents living around the Alan Mathiniyaramaya Temple in Polhengoda due to the   Loudspeakers operated by the temple.

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and there were sufficient scientific evidence to prove that danger, and there by requested the Court to impose an appropriate order to prevent the Temple being continuously amplifying such high level of noises.

 

The Complainants alleged that such high levels of noise amplifications had afflicted their physical and mental life in a disruptive manner.

 

In the Complaint, the residents said that they had on several times informed certain authorities and the chief incumbent of the temple, Dhammaloka Thera about the difficulty that they had to undergo, yet no actions were taken.

 

Complainants, Gavinda Jayasinghe, Dr Kalinga Kaluperuma, Diren R. Halok, Milinda Moragoda and Kamalesh Johnpillei had filed the personal case citing Ven. Dhammaloka thera as the defendant, in line with the section 98(1) of the Criminal Procedure Code seeking a court order for removal of the nuisance.

 

This personal case was filed under section 136 of the Criminal Procedure Code where people are permitted to file complaints directly to a Magistrate without the prosecution.

Misusing STF vehicle: Ex-STF Commandant remanded

By Shehan Chamika Silva

 

Security Director of Sri Lanka Cricket and Former Special Task Force (STF) Commandant DIG K. L. M. Sarathchandra was today remanded till December 6, by Colombo Chief Magistrate Gihan Pilapitiya on charges of misusing a vehicle attached to the STF.

 

Sri Lanka Police Special Investigations Unit (SIU)  arrested DIG Sarathchandra, who was also the Coordinating Secretary of Security Division of Former President Mahinda Rajapaksa, on charges of misappropriating a STF vehicle causing a Rs. 146, 690 financial loss to the State.

 

According to the prosecution the suspect had retired from his position as the commandant of the STF in March 2011 and subsequently joined as the coordinating secretary of the former president's security division.  

 

During that period, he was given a driver, fuel allowance and a vehicle (jeep) belonging to the STF for his transportation as the Coordinating Secretary.

 

However, after January 8, 2015, his Coordinating Secretary position was automatically voided following a new president being elected, but from January 21 to August 21, 2015 he had continuously used the vehicle without returning it.

 

The SIU said that the former Commandant had committed offences fell under the penal code and the Public Property Act.

 

SLTB law suit: former president to file objections over excluding Susil and Anura from the plaint

By Shehan Chamika Silva and T. Farook Thajudeen

 

Colombo Commercial High Court today allowed former president (defendant), to file objections against the amendment made by the SLTB (plaintiff) over the case in which former president Mahinda Rajapaksa and six others were sued for the recovery of Rs. 143 million to the SLTB for hiring buses for the meetings in Presidential election.

 

The Sri Lanka Transport Board (SLTB) earlier filed the civil law suit in Colombo Commercial High Court citing respondents as Susil Premajayantha, Anura Priyadarshana Yapa, (members of the 2015 - UPFA presidential election committee), the former president and three others over hiring SLTB buses in last presidential election and not paying due amount to the Board.

 

However, plaintiff, SLTB on an earlier occasion, amending the initial plaint, excluded two respondents of Susil Premajayantha and Anura Priyadarshana Yapa from the law suit.

 

When the case was taken up today President's Counsel Nihal Jayamanne who appeared for the defendant, former President, sought court permission to file legal objections over the exclusion made by the plaintiff to the initial plaint filed in court.

 

Acceding the defendant's request, the court postponed the case to file objections for January 26.

Raviraj killing: Trial begins, Special Jury appointed

By Shehan Chamika Silva

 

The trial pertaining to killing of Former TNA MP Nadaraja Raviraj and his driver was initiated today following the appointment of the Special Jury to the case in the Colombo High Court.

 

The seven jurors to the Special Jury were drawn from the selected Jurors panels of the defence and the prosecution of the case.

 

Subsequently, the Colombo High Court served indictments on the three accused, who were present in court.

 

At a previous occasion defence requested court to appoint a Jury into the case and then the prosecution moved it as a Special Jury to the case, which comprising with the Jurors, who are Sinhala speaking graduates.

 

There were six suspects indicted by the Attorney General under the Prevention of Terrorism Act and the Penal Code on five counts over the killing of Raviraj and his driver in 2006.

 

The two suspects, Febian Tusen and Sivakanandan alias Charan were missing from the case while the accused, Palana sami suresh was no longer alive.

 

Other suspects in remand custody were Prasad Chandana Kumara, Gamini Seneviratne and Pradeep Chaminda, and they were present in court.

 

Earlier, The Colombo High Court allowed prosecution to proceed the trial in the absence of missing three suspects into the case under the section 241 of the Criminal Procedure Code.

 

Wijeya Wickrema Manamperige Sanjaya Preethi Viraj who was also once a suspect to the case was made as a Crown witness for the Raviraj murder trial by the prosecution.

 

Senior Deputy Solicitor General Rohantha Abeysooriya initiating the proceedings of the trial today delivered the opening submission of the prosecution addressing the Special Jury and the leading evidence of the prosecution would initiate from today.

 

The case would be tried daily in the presence of the Special Jury from tomorrow onwards (23).

Thawheed Jamath's General Secretary remanded over insulting Buddhism

By Shehan Chamika Silva

Thawheed Jamat's General Secretary, Abdhul Rafeekdeen who was arrested over insulting Buddhism and reprimanding Ven. Ghanasara Thera in filth language on social media was ordered to be remanded till November 29 by Colombo Additional Magistrate Chandana Kalansuriya today.

Producing the suspect before court, Colombo Crimes Division told that the suspect was earlier strictly warned by the Chief Magistrate to respect all the religions equally over a case, in which he was accused of insulting and defaming Buddhism.

The prosecution said the suspect had disregarded the court order and behaved continuously insulting Ven. Galagoda Atte Ghana Sara thera and the Buddhism delivering statements via social media in obscene language.

Appearing for the suspect counsel Maithri Gunasekara said that the suspect had not acted in contradiction to the previous court warning as his client had only addressed an individual who is a monk but not insulted the Buddhism.

He said Ghanasara Thera was also not a monk who behaved according to his religion and had insulted several time his client as well.

A counsel who appeared representing the Muslim community ascertained that even the Muslims are not aiding these alleged statements which insult a religion, since despite the behavior or attitude of Ghanasara thera, such defamation on social media may be a trigger in urging unnecessary conflicts between communities.

Sarath Weerawansa granted bail

By Shehan Chamika Silva

Former Minister Wimal Weerawansa's brother Sarath Weerawansa, who was remanded over misusing a government vehicle causing Rs.10.5 million financial loss to the State was ordered to be released on bail by Colombo Fort Magistrate Lanka Jayaratne today.

He was given bail on exceptional circumstances by the magistrate as the suspects had committed offences fell under Public Property Act.

He was released on a cash bail of Rs. 25,000 with two sureties of Rs. 100,000 each.

Earlier, according to the FCID the Presidential Secretariat in 2009 had permitted to obtain 12 vehicles for the parliamentarians elected from the NFP, and 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 loss to the state.

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.

Earlier, The FCID also said that there was a huge financial misappropriation taken 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.

Thirteen 'avaa' members remanded

By Shehan Chamika Silva

The Thirteen suspects arrested by the TID in connection with committing offences fell under Prevention of Terrorism Act by creating a Organisation called 'Avaa' associating with ex-LTTE members to make unnecessary resistance to the State, were ordered to be remanded till November 30 by Colombo Additional Magistrate Aruni Attigalle.

They were apprehended by the TID in Jaffna for committing offences fell under the section 7(2) of the PTA.

TID told court that the suspects had the influence of a former LTTE member called 'Sanna', who was one of the main operators of the alleged Avaa group, and yet to be arrested.

The prosecution also alleged that the the so called Avaa group had been funded by the tamil diaspora.

Appearing for the suspects, Counsel Pradeep Gamage and xx said that the arrested suspects are just innocent young Individuals as some of them are still students.

Defence also moved a legal objection on the prosecution's tendency towards filing allegations under PTA since the offences should be under the penal code.

Only because of some main culprits are former LTTE members, TID tend to interpret those offences under PTA and it was a discriminative move towards those who are rehabilitated, Defence said.

The Magistrate observing the Defence stance directed the prosecution to submit a comprehensive report as to on which grounds and evidence the suspects could be found guilty under PTA on the next date.

Thajudeen Murder: CID probes Phone details of Thajudeen's friend on the day death occurred

By Shehan Chamika Silva

Additional Solicitor General Dilan Ratnayake today told court that the investigation would turn into a new dimension, as the CID had initiated a broad examine over the alleged phone calls received to Thajudeen's friend, Ahamad Safar, on the day Wasim Thajudeen was found dead.

Filing a further report in court the CID said that it had recorded a statement from Ahmad Safar and further investigation are underway.

The prosecution said that it had begun an inquiry, in association with Health Department, over the alleged dispatch of body parts from Judicial Medical Services office to the SAITM and the procedure of how the SAITM had accepted the so-called bodyparts.

Earlier, the CID and a team of experts searched the SAITM Labratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM. And the recovered 19 femur bone pieces and seven bone pieces of chest area were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

In line with the earlier given court order, Sri Lanaka Medical Council submitted a comprehensive report informing its difficulty to conclude the SLMC inqiury against former chief JMO Ananda Samarasekara on or before November 30, thereby they requested sufficient time period.

On October 19, Considering the prosecution's allegation, that the inquiry conducted at Sri Lanka Medical Council against former chief JMO Ananda Samarasekara over missing body parts of Thajudeen was deliberately delayed, the Magistrate Nishantha Peiris earlier ordered the SLMC to finish the inquiry immediately and submit a comprehensive report on the conclusions of it on or before November 30 in court.

The Magistrate Nishantha Peiris acceding the SLMC request directed them to submit a comprehensive report on November 30 as earlier advised about the inquiry's progress up to date to consider on more time.

The Magistrate also advised the CID to focus more towards the main inquiry of identifying the culprits to the murder of Thajudeen  and expedite the investigations.

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 Nishantha Peiris re-remanded the suspects till November 30.

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.

CID probes users of phone extensions at Presidential Secretariat on the day Thajudeen found dead

By Shehan Chamika Silva

The prosecution today told court a special investigation is underway to identify the users of five phone extensions at Presidential Secretariat, from which Narahenpita OIC Damien Perera had allegedly received phone calls on the day Thajudeen was found dead.

Earlier, the CID told court that Narahenpita OIC had received phone calls from five numbers registered with Presidential Secretariat on the day Wasim Thajudeen was found dead near Shalika Grounds in Narahenpita.

Appearing on behalf of the Attorney General, Additional Solicitor General Dilan Rathnayake told court that 19 femur bone pieces and seven bone pieces of chest area recovered at SAITM  over missing body parts of Wasim Thajudeen, were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

Earlier, the CID and a team of experts searched the SAITM Laboratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM. 

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 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.

Considering that the suspects had already filed revision bail applications in the High Court, the magistrate re-remanded the suspects till November 16.

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.

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.

Tiran Alles remanded over RADA case

By Shehan Chamika Silva

Former MP Tiran Alles and two others have been remanded till November 10 after being indicted, over the case in which they were accused of misappropriating Rs. 124 million at RADA in 2006. 

The four accused were, former RADA Chairman Tiran Alles, former Chief Operating Officer (COO) of RADA Saliya Wickramasuriya, Dr. Jayantha Dias Samarasinghe and Emil Kanthan. Emil Kanthan is currently evading courts and was not present in court today. 

Attorney General had filed indictments against the accused under the Penal Code and Public Property Act, thereby needed exceptional circumstances to release them on bail. 

However, counsel appeared on behalf of the accused moved exceptional circumstances as high concerned health conditions of the accused therefore, being kept in remand custody a death threatening to their clients. 

The prosecution said they should have given advance notice on these exceptional circumstances in order to peruse into medical reports. They moved court to provide a short period to submit its stance over the bail application. 

Acceding the prosecution's request, High Court Judge Sarojini Kusala Weerawardena put off the case for November 10 to consider the defence's bail appeal on exceptional circumstances.