Labour Minister, 9 others noticed by Court of Appeal

By Shehan Chamika Silva

Considering the writ petition filed against the decision of the Minister of Labour and Trade Union relations to hold a referendum at a factory in Katunayake Export Processing Zone (EPZ) to decide the strength of two trade unions in the factory, the Court of Appeal recently re-issued notices to the respondents cited in the petition to appear before court on December 28.

The Court also extended an interim order legally binding till December 29 preventing the respondents from holding a referendum at the so-called factory to ascertain whether at least 40 percent of the workmen of the factory are members of the trade union which represents by the petitioner.

Petitioner, the 'Independent Workers Union' had cited 10 respondents in the petition including Minister of Labour W.D.J. Seneviratne, Secretary of the Labour Ministry, Attorney General and Commissioner General of Labour Department.

The petitioner had informed court that the petitioner is the bargaining agent in the said factory who has got 80% of the employees as members of their union.

However, following the failures of many discussions with the Minister and other officials, the petitioner complains that the Ministerial decision had been taken to hold a poll to decide on the strength of two trade unions without giving due notice to the petitioner and without accepting the documentary proof that the petitioner has produced before the respondents to show that they have got 80% of the employees as members in the said factory.

The petitioner alleges against the respondents in deciding to hold a poll without following the proper procedure to hold the said poll.

Earlier, considering the materials placed before court by the Counsel Venuka Cooray who appeared on behalf of the petitioner, the Bench comprising Justices Vijith K. Malalgoda (President of CA) and S. Thurairaja issued notices to the respondents to appear before court but they were not present in court. Thereby, the court of Appeal reissued the notices and extended the given interim order as well.

Frm. SLTB Head Shashi Welgama re-remanded

By Shehan Chamika Silva

Former SLTB chairman, Shashi Welgama and one time spare parts supplier to the SLTB, Nandana Priyantha who were arrested by the CID in connection with Rs.125 million misappropriation taken place at SLTB, were ordered to be further remand till December 26 by Colombo Additional Magistrate Nishantha Peiris today.

According to the prosecution, the first suspect, Nandana Priyantha who was a supplier to the SLTB had been given tenders to supply spare parts to the SLTB respectively in 2010 and 2012.  However, he had allegedly not supplied spare parts comparable to the advance payments made to him by the SLTB.

The CID alleged that the first suspect had submitting forged documents in three occasions requested SLTB officials to permit his payments fraudulently in line with the procurement procedures.

The prosecution said the second suspect, Shashi Welgama as the then chairman of SLTB had recommended the forged documents provided by the supplier to the Finance Department of the SLTB by approving them fraudulently.
The CID arrested the suspects on charges under the Penal Code and the Public Property Act over Criminal misappropriation, breach of trust and the misuse of state funds.

Appearing for the second suspect, Kalinga Indatissa PC moved exceptional circumstances to obtain bail for the suspect as there is a need of special reasons to grant bail when Public Property Act is involved in alleged offences.

President's Counsel submitted three exceptional circumstances as he said there was no sufficient evidence provided by the prosecution against his client to prove any involvement with the first suspect in a fraudulent manner, because his client had only recommended three letters received to him by the first suspect to the financial division by citing the endorsement as to act accordingly to the prevailed law in the SLTB. And the original letters are also missing and not produced in court.

He said it was the responsibility of the Chief Financial Officer to examine before releasing money to the supplier.
Counsel also said that the SLTB had already filed civil law suit in Colombo Commercial High Court against the first suspect but had not cited his client as a responsible party in that case. He also moved a health condition of the second suspect as an exceptional circumstance as the suspect said to have under gone a surgery and therefore needed to be monitored continuously.

Subsequently, the Magistrate fixed December 26 to deliver an order base on the legal provisions as to consider the granting bail for the suspect.

Court directs to publish Notices at Uduwe Thera's residence

By Shehan Chamika Silva

Following the report made by the court fiscal about the failure of handing over the summons to the respondent, Ven. Dhammaloka Thera, Colombo Additional Magistrate Dulani Amarasinghe directed the fiscal today to publish the notices around the place where respondent resides.

Earlier the court noticing the respondent directed fiscal to hand over summons to the Thera.

However, the fiscal had reported that he could not find the Thera to hand over the summons. Thereby the magistrate directed the fiscal to follow the substitute procedure in noticing the respondent.

Subsequently the consideration on the personal complaint (lawsuit) filed against Ven. Uduwe Dhammaloka Thera in Colombo Chief Magistrate's Court earlier by four complainants on the allegation of high noise levels sustained by the residents living around the Alan MathiniyaramayaTemple in Polhengoda due to the   Loudspeakers operated by the temple, was postponed for January 3 by the magistrate.

Earlier the Magistrate also made a conditional order on the respondent to restrain from amplifying high level of noises using loudspeakers between 5 am to 6 am in the morning at Alan Mathiniyaramaya Temple in Polhengoda.

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.

Local links into the largest ever cocaine haul?

By Shehan Chamika Silva

Police Narcotics Bureau (PNB) today informed Colombo Chief Magistrate's Court that it had initiated a broad investigation into identify any local involvement into the largest cocaine haul detected on December 9 at Colombo Harbor.

PNB said 928 kilogrammes of cocaine with an estimated value of over Rs.12 billion was detected on board an Indian-bound vessel which was expected to travel to Munro Harbor in India.

According to the prosecution the cocaine haul would be sent to the Government Analyst for further examination today (15).

Petition sought reinstatement of MR as SLFP Chairman

By Shehan Chamika Silva

The petition filed in Colombo District Court by two former All-Island Central Committee members of the SLFP, Aruna Priyashantha and Asanka Srinath, demanding the reinstatement of former President Mahinda Rajapaksa as the Chairman of the party was today taken up for consideration.

Subsequently, counsel appeared on behalf of the respondents cited in the petition raised objections before court as there were no legal grounds to continue with the petition.

District Court Judge Sanath J Morawaka allowed the petitioners to advertise the petition in newspapers and set the next hearing for February 20.

The petitioners argue that Maithripala Sirisena contested the 2015 Presidential Election as the common candidate under other parties leaving the SLFP and therefore he cannot be named as the Chairman of the party.

The petitioners also demand that their membership of the SLFP All-Island CC be restored.

They have named SLFP General Secretary Duminda Dissanayake, former General Secretary Anura Priyadarshana Yapa and Election Commissioner as respondents in the petition.

CID probes into suspicious vehicle chased Thajudeen on decisive day

By Shehan Chamika Silva

Deputy Solicitor General Dilan Rathnayake today told court that the CID is conducting a broad investigation into a suspicious vehicle identified as chased the victim's vehicle on the day Thajudeen was found dead.

Filing a further report in court the CID informed court that it had recorded statements from 12 officials attached to the President's Security Division over the phone calls received from the Presidential Secretariat (PS) and Temple Trees (TT) to the Narahenpita OIC, Damien Perera on the day that Wasim Thajudeen was found dead.

The prosecution cited in the further report that many of the statements recorded over the incident from individuals in line with the phone details are contradictory and suspicious.

The CID also informed that DNA reports into the body parts recovered at SAITM were not yet received from the Genetech Institution.

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, Additional Magistrate Rasika Mallawarachchi re-remanded the suspects till December 26.

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.

Basil’s travel ban lifted over Divineguma Rs. 2.9 bn misuse case

 

By Shehan Chamika Silva

Colombo High Court today permitted former minister Basil Rajapaksa to travel abroad over a case in which he was accused of misappropriating Rs. 2.9 billion funds belonging to the Divineguma Development while distributing roof plates during last presidential election.

Former minister was allowed to go to the United States of America for medical treatments till March 2, 2017 on a certified bond of Rs. 50 million with two additional sureties of Rs. 50 million each by the High Court Judge N. V. Karunathilake.

The Attorney General earlier indicted former minister, Kithsiri Ranwaka (former General of Divineguma) and Anil Jayathilake on six counts over misusing state funds under Public Property and the Penal Code, subsequently, the High Court had imposed a travel ban on the suspects.

The suspect, Anil Jayathilake also yesterday sought court permission to travel abroad for medical treatments and court permitted him also on the same conditions.

Currently, there were three travel ban orders imposed against Mr. Rajapaksa were lifted in three different cases including the above.

Former SLT officer remanded

By Shehan Chamika Silva

A retired General Manager of Sri Lanka Telecom, who was arrested by the CID on charges of incurring a huge financial loss to the SLT while operating "Smart Dial Plus" project was ordered to be remanded till December 15 by Colombo Chief Magistrate Gihan Pilapitiya today.

According to the prosecution the suspect, Ajith Devendra Silva who as a renowned telecommunication officer at SLT, had operated the so- called project and caused allegedly a $46,928 loss to the SLT by distributing IDD services via its Computer base.

The CID told court that so far its investigations revealed Rs. 400,000 of misuse occurred while providing IDD services to four specific numbers.

They alleged that there were more numbers involved in this fraud and investigations are under way.

Malaka Silva and Briton brawl

 

By Shehan Chamika Silva

The two cases relating to the brawl that taken place at a night club in Colombo area on November 1, 2014 between Malaka Silva and James Casserly (British national), were postponed for May 16 seeking Attorney General's opinion on the incident by Colombo Chief Magistrate yesterday.

Earlier, the suspect, Malaka Silva was remanded for allegedly assaulting a British National at a Night Club on November 1, 2014. 

However, there was a counter case before the Court on the brawl that had taken place between the foreigner and Mr. Silva. 

The counter case was filed by the police on a complaint received from the second suspect of the first case, where Malaka Silva was accused. But the police earlier sought Attorney General's opinion to name James Casserly, who is the victim and complainant of the first case, as a suspect to the second case.

However, using legal powers vested on a magistrate, on the earlier occasion, Colombo Additional Magistrate included the British national, who involved in a brawl with Malaka Silva at a night club, as a suspect to the incident.

According to the prosecution, the victim, Blenda, who was the wife of James Casserly (British man), had been also assaulted during the so-called brawl.

Namal's Hello Corp inquiry: AG's opinion on filing indictments in High Court fixed for Feb 9

By Shehan Chamika Silva 

The FCID today told court that it had sent the extracts of the two Money Laundering cases filed against MP Namal Rajapaksa and five others to the Attorney General to seek his opinion on filing indictments against the suspects in High Court over the alleged transactions.

The Additional Magistrate Nishantha Peiris subsequently fixed February 9 for Attorney General's opinion on the two cases.

The FCID also sought court to impose Open Warrants on two suspects, Indika Karunajeewa and Iresha Silva, who are currently resides abroad absconding the court and the prosecution.

The Magistrate directed the FCID to make the request with an affidavit later to consider on imposing such warrant.

Other suspects, Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa were yesterday present in Court and released on the previous bail conditions.

Earlier, the suspects were arrested by the FCID over the main magisterial inuiry conducted under the Money Laundering Act for purchasing Rs. 100million worth shares of a company called Hello Corp from ill-gotten funds by the Gowers Corporation which is headed by Mr. Rajapaksa.

Later the prosecution filed two separate cases against six suspects following the conclusion of the investigations into the two alleged transactions.

According to the FCID, the suspect, Namal Rajapaksa had dealt with a company called 'Boston Capital' and had given Rs. 15 million by him self and another Rs. 30 million through one Indika Karunajeewa to the chairman of that company, Mr. Rohan Abey Iriyagolla, in order to conceal the origin of the alleged ill gotten funds.

The prosecution alleged that according to the statements got from the chairman of the Boston company, the given money was paid to the Gowers Corporation and NR consultance Companies again, which are headed by Namal Rajapaksa, under the disguise of payments for the services obtained by the Boston Company.

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

Man remanded over posting a recording of death threats on president, PM, Opp. Leader on FB

By Shehan Chamika Silva

A man who posted a sound recording which contained death threats on President, Prime Minister and Opposition Leader, on Face Book ordered to be remanded till December 15 by Colombo Chief Magistrate Gihan Pilapitiya today.

The CID arrested the suspect, Dinush Chamara (age 26) who was a resident in Rathgama area and produced in Court.

According to the prosecution the suspect was the administrator of a Face Book page called 'Sokarina' and had posted a sound recording via his page with the title of that "End of Maithripala will be soon from a Sinhala Budhist, says an official attached to the President's Security Division..."

The CID said the recording contained with clear death threats to the VVIPs and the person speaks in the recording also invite people to the assassination of President, Prime Minister and Opposition Leader.

The CID had initiated a broad investigation into the incident as to clarify the person in the recording and the potential security threat to the VVIPs.

Counsel Inoka Seneviratne appeared on behalf of the suspect.

Nishantha- Aruna settle

 

By Shehan Chamika Silva

 

The case filed against former Secretary of Sri Lanka Cricket (SLC), Nishantha Ranatunga for posing death threats to Colombo Cricket Association Secretary Aruna Wijaya de Silva during an election at the SLC on December 18, 2015, was concluded today after both parties came to a settlement.

 

Subsequently, Colombo Chief Magistrate Gihan Pilapitiya warned the suspect before the case was concluded.

 

Cinnamon Garden police conducted the inquiry upon a complaint lodged by the victim Aruna Wijaya de Silva. Ranatunga was charged under section 486 of the penal code. 

 

Karuna's bail refused

By Shehan Chamika Silva 

 

Colombo Chief Magistrate Gihan Pilapitiya today refused to grant bail to former Minister Vinayagamoorthi Muralitharan, alias Karuna Amman who was in remand custody till December 7 for misusing a state vehicle.

 

The Magistrate made this decision when the bail application filed by Counsel Kanchana Rathwatte, on behalf of the suspect through a motion, was taken up in court yesterday.

 

However, the magistrate also stated that bail conditions would be re-considered on December 7.

 

Muralitharan was arrested by the FCID for allegedly receiving a bulletproof vehicle from the Presidential Secretariat in 2010 after being elected to parliament. 

 

According to the FCID, he had not returned this vehicle though he had lost his seat at the general election in August last year. 

 

 

Magisterial inquiry on Daya Master concluded

 

 

 

By Shehan Chamika Silva

 

On the instructions of the Attorney General, the magisterial inquiry conducted on former media spokesman of the LTTE, Daya Master, was today concluded by Colombo Chief Magistrate Gihan Pilapitiya.

 

The CID informed the court that the Attorney General have already  filed indictments against Daya Master at Vavuniya High Court over the allegations under Prevention of Terrorism Act for detaining civil citizens in LTTE custody as hostages during the last period of war.Thereby, the prosecution informed court to terminate the inquiry. 

 

Earlier, the magisterial inquiry was initiated by the CID against two suspects, Daya Master and George Master (former interpreter of LTTE) after they had surrendered at the Omanthai Army Post in April 2009. 

 

However, on an earlier occasion, George Master was discharged from the inquiry on Attorney General's instructions.

WP Councilor Jagath Kumara granted bail after surrendering to court

 

By Shehan Chamika Silva

 

Western Provincial Councilor Jagath Kumara was granted bail after he surrendered to Court today.

 

The Councilor surrendered on charges of having assaulted a police superintendent during a protest launched by Samurdhi and Divineguma Officers at Polduwa Junction, Battaramulla near the Parliament on November 29, 2016.

 

Considering that the surrender of the suspect in court and he was not yet named as a suspect to the incident by the Welikada police, he was released on a Rs. 500, 000 surety bail by Colombo Additional Magistrate Chandana Kalansooriya.