Tuesday 31 January 2017

OIC who solicited bribe to mitigate legal actions remanded

By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today remanded the OIC of Minor- Complains Division, Welipanne Police till February 14 over allegedly soliciting and accepting a bribe from an individual.

According to the complainant, suspect had solicited a bribe of Rs.5000 from the complainant on the undertaking to mitigate legal actions over a police complaint filed against the complainant.

The Bribery Commission had arrested the suspect deploying a decoy while accepting the so- called bribe. The Commission told court that during the arrest, the suspect had attempted to disappear the money he obtained from the complainant by putting them into his mouth.

Suspect, Sub- Inspector Somathinga Silva was a resident of Ambalangoda area.

Namal's Hello Corp inquiry: FCID probes further illegal transactions

By Shehan Chamika Silva 

Colombo Additional Magistrate Aruna Buddhadasa today permitted the FCID to check the bank accounts of company known as Hovell Constructions into the inquiry being conducted under the Money Laundering Act against Namal Rajapaksa and five others for purchasing Hello Corp shares from questionable funds.

The FCID said it had earlier filed two separate cases against the suspects on charges of obtaining Rs.30 million from Hovell Construction Company and Rs.15 million from Boston Capital Company for services provided by NR Consultancy and Gowers Corporation, which are headed by Mr. Rajapaksa.

It said Mr. Rajapaksa who dealt with Boston Capital and Hovell Construction had given Rs.15 million and Rs.30 million to these companies through a person identified as Indika Karunajeewa with the intention of concealing the origin of the questionable funds.

The FCID said that money was later transferred to Gowers Corporation and NR Consultancy again, saying they were for the services provided.

Inspector M.M. Sajith yesterday sought court permission to check the bank accounts of Hovell Construction, which had dealt with NR Consultancy and Gowers Corporation.

The Magistrate also permitted one of the main witnesses Mr. Irriyagolla, to travel abroad between February 20 and March 6.

The other suspects –Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa and released on the previous bail conditions.

The prosecution found those transactions under Money Laundering Act and earlier filed two separate cases.

Inspector of Police MM Saajith today sought court permission to peruse bank details of Hovell Construction which had dealt with NR Consultancy and Gowers Corporation, in order to clarify further suspicious transactions into the main inquiry.

The Magistrate also allowed one of the main witnesses into the inquiry, Irriyagolla, to travel abroad on temporary basis between February 20 to March 6.

On the earlier occasion, the FCID told court that it had sent the extracts of the two cases filed against MP Namal Rajapaksa and five others under money laundering charges to the Attorney General to seek his opinion on filing indictments against the suspects in High Court over the alleged transactions.

Other suspects were Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa.

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

Friday 27 January 2017

Jaliya Wickramasuriya re-remanded

By Shehan Chamika Silva 

Former Sri Lankan Ambassador to the USA, Jaliya Wickramasuriya, who was accused over allegedly misappropriating USD 332,000 of state funds in the process of purchasing a building for the Sri Lankan embassy at Washington, USA, was ordered to be re-remanded till February 9 by Colombo Fort Magistrate Lanka Jayaratne.

Prison Authority today did not produce the suspect before court due to his health condition. The suspect is currently being treated at Colombo National Hospital under the Prison supervision.

His bail request on exceptional circumstance due to the illness was refused by the Magistrate and said it cannot be regarded as an extraordinary situation to grant bail since Colombo National Hospital provides sufficient treatments for that particular illness.

The FCID produced the suspect earlier in court under the allegations fell under section 5 of the Public Property Act, where one who misappropriated public properties or assets causing more than Rs. 25,000 has no bail relief unless exceptional circumstances or by a High Court Judge.

Sajin's Mihin Lanka case: trial fixed

By Shehan Chamika Silva

After serving charge sheet for the suspect, Court fixed the trial of the case filed against former Parliamentarian Sajin Vass Gunawardena, who was accused of entering into an illegal contract worth Rs.883 million with a Singaporean company to obtain ground handling equipment for the Mihin Lanka Airline while serving as the ex- CEO of it.

The suspect pleaded not guilty to the charges and Colombo Additional Magistrate Aruni Attigalle fixed the trial for May 3.

His removal of the travel ban was also extended by the court till the next date.

Investigations had revealed that Mr. Gunawardena had entered into the three-year contract with Singaporean Company PPL Inter Private Limited in September 2015 for the supply of ground handling equipment to the airline.

Mr. Gunawardena as the then CEO was not only liable for not following correct tender procedure to seek services from the foreign company but had also disregarded responses from three other companies that showed a willingness to supply such equipment.

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

Indo-Lanka kidney racket: CCD brings up charges against suspects

By Shehan Chamika Silva

Colombo Crimes Division today filed charge sheets in the Colombo Chief Magistrate’s Court against the suspects who were apprehended in connection with the Indo-lanka kidney racket and violating immigration laws.

The prosecution filed 16 cases for eight suspects, two cases for each on charges of intentionally attempt to escape from the Mirihana detention camp and staying in Sri Lanka illegally without a valid passport by violating immigration laws.

The Police leveled charges against suspects under section 45(1) of the Immigration Act and section 219 of the Penal Code.

However, there were only five suspects, Dogipathi Shri Niwas, Mohammad Isthiyan, Yadalapaari Vamis Krishna, Ragavendra Uppara and Theppala Viki Raja, remaining in the case and main suspect Vijini Giri Lakshman Kumar and two others had escaped earlier while detained at the Mirihana Detention Camp.

The remaining five suspects pleaded not guilty to the charges and subsequently Chief Magistrate Lal Ranasinghe Bandara further remanded the suspects till February 9.

The Magistrate also directed the prosecution to proceed the cases that were filed against the suspects, who had already left the country, in the absence of the suspects under section 192(1) of the Criminal Procedure Code and those cases were put off for April 7 by the Magistrate.

Senior State Counsel Chethiya Gunasekara appeared on behalf of the Attorney General while the CCD unit 1 OIC Inspector of Police Fernando and Police Sergeant Kemaratne (5659) conducted the prosecution.

Tuesday 24 January 2017

Weerawana's supporter of who obstructed court proceedings remanded

By Shehan Chamika Silva

Colombo Fort Magistrate Lanka Jayaratnetoday remanded an individual, who obstructed the court proceedings during the Wimal Weeerawansa's remand order was being delivered, till February 7.

The Suspect had loudly expressed his feelings about the case by shouting and pointing finger towards the Magistrate while the remand order was delivering.

Suspect, Sudesh Premalal, was reportedly a supporter of former Minister and was a resident in Panadura.

The suspect had obstructed the court screaming that “we hope that the FCID would bring the former deputy Minister Lasantha Alagiyawanna and former chairman of NEC, Arshu Marasinghe on next date in court over the allegations".

Appearing for the suspect counsel Premanath Dolawatta apologized from the court and said that his client is ready to plead guilty over the allegations, since his client had not defamed the court intentionally.

The prosecution brought charges against the suspect under section 55(1) of the Judicature Act (contempt of court proceedings).

Remanding the suspect, the Magistrate Jayaratne also observed that the incident was not just a mere occurrence and therefore cannot be trivialized since it was a direct defamation for the judiciary as a whole.

The Magistrate also considered two the reasons come under section 14 of the Bail Act on refusing bail because there was a possible occurrence of public disorder due to the incident and obstruction that could affect for the course of justice.

Wimal Weerawansa further remanded

By Shehan Chamika Silva

Former Minister Wimal Weerawansa and an former Deputy General Manager of the National Engineering Corporation (NEC) Samantha Lokuhennadige who were arrested by the FCID on charges of misusing 40 state vehicles belonging to the NEC and causing Rs. 90 million financial loss to the state during 2011-2014, were further remanded till February 7 by Colombo Fort Magistrate Lanka Jayaratne today .

Delivering a comprehensive judgment on the requests made earlier by the defence counsel, the Magistrate today refused granting bail for the suspects after considering the details submitted in court by the FCID.

The Magistrate refusing bail observed that the prosecution had filed sufficient circumstantial evidence against the suspects because it was apparently evident that first suspect, Mr. Weerawansa had instigated officials at the NEC to release its vehicles to his close relatives and members of his political party inappropriately.

The Magistrate further observed that despite the fact that NEC was a separate entity; the former Minister had anyway misappropriated state properties by violating the sections 5 (1) and 10 of the Public Property Act.

She also rejected the exceptional circumstances put forward by the defence earlier that Mr. Weerawansa’s daughter was in depression due to the recent incidents.The Magistrate told that the exceptional reasons brought in court on behalf of the suspects cannot be regarded as extraordinary circumstances.

Earlier, the defence also moved an exceptional circumstance that there was a technical error in the certificate filed in court by the prosecution in respect of the Public Property Act and it was a breach of precedent established by the High Court recently. However, the Magistrate disregarded the argument saying that Magistrate’s court are not binding with the decisions given by the high court completely since the so called decision was not given by the final appellate court or the supreme court.

The FCID inquired the allegations upon a complaint received by the former Chairman of the NEC and based on the audit report made by the internal inspection of the NEC in 2014.
 
According to the Prosecution, the first suspect, Werawansa had misused 40 vehicles attached to the NEC by using them for his private and political activities in the disguise of using them for the ‘Janasevana’ Housing Construction Project.

The FCID said that the so-called vehicles were taken by the NEC on the leasing basis for their various mechanisms in the Corporation. And the former Minister had both orally and in writing instructed inappropriately certain authorities of the NEC to release vehicles to his cousins, members of the National Freedom Party and some other persons who were not permitted to use such vehicles.

The FCID leveled the allegations against him under section 386 (Criminal Misappropriation) of the Penal Code and section 5(1) of the Public Property Act, where if the misuse is above Rs.25, 000 bail is not applicable unless exceptional circumstances or a High Court Judge.

Thursday 19 January 2017

Supreme Court issues notice on Lanka E News editor

By Shehan Chamika Silva

Considering the 14 contempt of court cases filed in court, the Supreme Court today issued notice to Lanka E News editor, Sandaruwan Senadheera to appear before court on March 3.

Deputy Mayor of Sri Jayawardenapura Kotte Municipal Council, Attorney at Law Madura Vithanage had filed the contempt of court cases against Mr. Senadheera for posting defamatory articles by castigating judicial officials’ nature, including judges on lanka E news website inappropriately.

According to the complaint, the content of the so-called articles had insulted, defamed, and ridiculed judges whose names are referred in the articles, and they were direct and indirect intimidations on judges as well as the judiciary as a whole.

The court directed that the notices be sent to Mr. Senadheera's Malabe residence.

Meanwhile, the Gampaha Magistrate had recently issued an international arrest warrant on him on charges of contempt of court.

President's web hacker released on bail

By Shehan Chamika Silva

A suspect, who was in remand custody on charges of illegally entering president's official website, was today ordered to be released on bail by Colombo Chief Magistrate Lal Ranasinghe Bandara.

He was released on a cash bail of Rs. 10,000 with two sureties of Rs. 500,000 each.

According to the CID, suspect, Anurudda Harshan Abeysooriya had intruded the website using some weak settings of it and had sent details that he had collected in the public complaints forum of the web to Media organizations inappropriately.

Counsel Premanath Dolawatta who appeared for the suspect told court that the website was not contained with national security information and that his client had only obtained details relating to the public complaints which had been stored in the website, and therefore suspect had no intention to damage the website or affect the national security improperly.

Shashi Welgama case: CID to arrest Finance Chief of SLTB through Interpol

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 remanded till February 2 by Colombo Additional Magistrate J. Trotsky today.

The prosecution named another suspect, Shirantha Sanjeewa Waidyathilaka as the third suspect into the inquiry and he was the Chief Financial Manager of the SLTB during the alleged period.

The CID informed court the third suspect currently resides in abroad absconding the prosecution and the appropriate steps would be taken to apprehend him with the assistance of the Interpol.

Earlier, the defence had informed the court about the involvement of the then Chief Financial Manager and thereby, the prosecution conducted the investigation further into apprehending the third suspect.

CCTV footage of vehicle chased Thajudeen sent to Col. Uni. for analysis

By Shehan Chamika Silva

Colombo Additional Magistrate Jeyaram Trotsky today allowed the prosecution to send the CCTV footage relating to the suspicious vehicle that chased Thajudeen's vehicle on the day that he was found dead to the Colombo University for further examination.

Deputy Solicitor General Dilan Ratnayake informed court the prosecution in need of getting more clarified details about the unidentified vehicle that had chased Wasim Thajudeen's vehicle.

Prosecution also said that the DNA test report on the recovered 19 femur bone pieces and seven bone pieces of chest area at the SAITM laboratory by the CID is still pending.

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.

Then the recovered body parts were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

Additionally, in line with the earlier given court order, Sri Lanka Medical Council submitted a comprehensive report in court informing the current progress of the inquiry conducted by the council against former chief JMO Ananda Samarasekara on the irregularities reported during the first autopsy of the late Thajudeen.

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.

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.

Considering that the suspects had already filed revision bail applications in the High Court, Additional Magistrate Jeyaram Trotsky re-remanded the suspects till February 2.

Wednesday 18 January 2017

Bail sought for the accused operators of LTTE ransom collecting in UK

By Shehan Chamika Silva

A written bail application was filed in Colombo Chief Magistrate court today on behalf of the three suspects including former army intelligence officer who were accused of attempting to send a cap with LTTE logo to London via a Courier service in April 2016.

Suspects, Jesuratnam Jegasamson, Mahadevan Prasanna and Subramaniam Nagularasa alias Nagulan were now in remand custody for almost nine months over the incident since the Attorney General's opinion is pending.

According to the prosecution, upon information received to the Narahenpita police, the so-called cap was found at a courier service in Narahenpita area.

During the investigation the police apprehended the first two suspects and later revealed that the third suspect, Nagulan had given the alleged LTTE cap to them in order to send it to London.

According to the defence counsel, Ajith Prasanna and Suranga Danthanarayan, third suspect, Nagulan, was an individual who provided secret information to the Army during the war period and later served as an officer attached to the Technical Engineering Unit of the Army base in Nandikadal.

During the interrogation of the third suspect it was revealed that he had attempted to send the so-called cap to one of his friends, Kedishwaran, in London.

According to the third suspect's statement, kedishwaran had requested him to send any sort of flag, T shirt or cap with LTTE logo in order to demonstrate them to LTTE supporters who are operated and collecting ransoms in London from Tamil people.

The Defence counsel moved to remove the allegations leveled on the suspects under the Prevention of Terrorism Act by the prosecution.

Considering the defence request on granting bail for the suspects, Colombo Additional Magistrate Aruni Attigalle directed the TID to submit its stance on January 25 in court.

Tuesday 17 January 2017

Father of two remanded for duping divorced women and vanishing with their riches

By Shehan Chamika Silva

An individual, who was arrested by the Fort police for allegedly advertising deceptive wedding proposals in News Papers to meet up with divorced women and to rob their jewelry, was today remanded till January 31 by Colombo Chief Magistrate Lal Ranasinghe Bandara.

Upon a complaint received to the Fort police by a victim, the police had apprehended the suspect in Gunasinghepura area on January 16.

According to the prosecution, suspect, Muttuwel Danaraj, had advertised deceiving wedding proposals in a Tamil national news paper, requesting divorced and unaided women to contact him as a genuine relationship offer.

However, after winning the faith from the women, the suspect had met them in Colombo area and when the opportune moment comes; he had robbed their jewelry.

Police had revealed during the investigations that the suspect was a married individual who has two children. And also they said that the suspect had been accused of few cases in Kandy and Nuwara- Eliya areas over the similar allegations.

Friday 13 January 2017

Former Ambassador to US Jaliya Wickramasuriya re-remanded

By Shehan Chamika Silva 

Former Sri Lankan Ambassador to the USA, Jaliya Wickramasuriya, who was accused over allegedly misappropriating USD 332,000 of state funds in the process of purchasing a building for the Sri Lankan embassy at Washington, USA, was ordered to be re-remanded till January 27 by Colombo Fort Magistrate Lanka Jayaratne.

Prison Authority today brought the suspect in an Ambulance to the court premises but said court that the suspect is unable to leave the ambulance and come before court due to the bad health condition of him.

Subsequently, the Magistrate inspected the suspect's health condition keeping the suspect in the ambulance and ordered to be further remanded till January 27.

The FCID produced the suspect earlier in court under the allegations fell under section 5 of the Public Property Act, where one who misappropriated public properties or assets causing more than Rs. 25,000 has no bail relief unless exceptional circumstances or by a High Court Judge.

Sarath Kumara re-remanded: CID to arrest his cousin

By Shehan Chamika Silva

Former Deputy Minister Sarath Kumara Gunaratne who was arrested by the CID on charges of misappropriating Rs. 12 million at the State's Incorporation of Fisheries and Habour, was ordered to be further remanded till January 20 by Colombo Additional Magistrate Buddhika Sri Ragala.

The CID today told court that there was another individual, a cousin of first suspect Gunaratne was found as a suspect to the allegations and expecting to be apprehended soon.

They said that several attempts to take suspect, Upul Chandana Kumarasinghe into CID custody were failed because the suspect was not at the residence.

There were six individuals found as suspects at the initial investigation conducted by the President's Commission and later produced four suspects before court on the instructions of the Attorney General by the CID.

Mr. Gunaratne was the fifth suspect arrested in connection with the allegations and one more to be apprehended.

The CID charged the suspect under section 386 (misappropriation), 112 (conspiracy) and 102 (abatement) of the penal code and the section 5(1) of the Public Property Act.

Earlier, Counsel Sampath Mendis who appeared on behalf of the suspect moved bail on exceptional circumstances considering the critical health condition of the suspect and his wife. 

Tuesday 10 January 2017

Trial on Dematagoda abduction re-fixed as Hirunika in hospital

By Shehan Chamika Silva

Colombo High Court today re-fixed the trial against Parliamentrian Hirunika Premachandra and eight others over an alleged abduction of a youth in Dematagoda area, since the absence of the accused, Premachandra.

Submitting a medical report on Hirunika Premachandra, defence Counsel who appeared for the accused, informed court yesterday that his client is currently being treated at a private hospital for a considerable illness, therefore could not appear before court.

Subsequently, Colombo High Court judge R. Gurusinghe re-fixed the trial of the case for April 26 and 27.

The Attorney General had filed indictments on 29 counts against the suspects.

Earlier, the suspects were produced in Colombo Chief Magistrate's Court at the non summary trial and now on bail over the incident.

The victim, Amila Priyanga, was alleged to have abducted by the suspects.

The entire incident was captured on CCTV cameras which were later used by the police to arrest the suspects.

Johnstan's 5 cases on non-declaration of assets re-fixed for trial

By Shehan Chamika Silva 

The trial of five cases conducted against former Minister Johnstan Fernando over not declaring his assets from 2010 to 2014 was re-fixed for March 21 by Colombo Chief Magistrate Lal Bandara today.

Since the absence of the witness of the prosecution in the trial, the Bribery Commission requested to postpone the trial.

The Bribery Commission had earlier charged him with five cases over committing an offence fell under the Non -assets declaration Act for not revealing his assets declaration in five consecutive years.

On the earlier occasion he was permitted to travel abroad temporarily.

Remanded Dy. Min. refuses Prison Hospital docs, requests specialist

By Shehan Chamika Silva

Tendering a comprehensive medical report on suspect Former Deputy Minister Sarath Kumara Gunaratne, defence counsel told the court that his client is suffering a continuous vertigo since 2014, therefore should not be treated in the prison hospital but consistently under the supervision of a specialist doctor.

Former Deputy Minister Sarath Kumara Gunaratne who was arrested by the CID on charges of misappropriating Rs. 12 million at the State's incorporation of Fisheries Habour, was earlier ordered to be further remanded till January 13 by Colombo Chief Magistrate Lal Bandara.

Earlier, the Chief Magistrate also directed defence to submit a comprehensive medical report on the suspect to consider grant him on bail on exceptional circumstances.

There were six individuals  found as suspects at the initial investigation conducted by the President's Commission and later produced four suspects before court on the instructions of the Attorney General by the CID.

Mr. Gunaratne was the fifth suspect arrested in connection with the allegations and one more to be apprehended.

The CID charged the suspect under section 386 (misappropriation), 112(conspiracy) and 102 (abetment) of the penal code and the section 5(1) of the Public Property Act.

Earlier, Counsel Sampath Mendis who appeared on behalf of the suspect moved bail on exceptional circumstances considering the critical health condition of the suspect and his wife.

Wimal Weerawansa remanded

By Shehan Chamika Silva 

Former Minister Wimal Weerawansa and one other who were arrested by the FCID on charges of misusing 40 state vehicles belonging to the National Engineering Corporation (NEC), causing Rs. 90 million financial loss to the state during 2011-2014, were remanded till January 24 by Colombo Fort Magistrate Lanka Jayaratne today.

The FCID inquired the allegations upon a complaint received by the former Charman of the NEC and based on the audit report made by the internal inspection of the NEC in 2014. Other suspect, Samantha Lokuhennadige, was the former Deputy General Manager of the NEC.

According to the prosecution, the first suspect, Werawansa had misused 40 vehicles attached to the NEC by using them for his private and political activities in the disguise of using them for the ‘Janasevana’ Housing Construction Project.

The FCID said that the so-called vehicles were taken by the NEC on the leasing basis for their various mechanisms in the Corporation. The former Minister had both orally and in writing instructed inappropriately certain authorities of the NEC to release vehicles to his cousins, members of the National Freedom Front (NFF) and some other persons who were not permitted to use such vehicles.

The FCID leveled the allegations against him under section 386 (Criminal Misappropriation) of the Penal Code and section 5(1) of the Public Property Act, where if the misuse is above Rs.25, 000 bail is not applicable unless exceptional circumstances or a High Court Judge.

Appearing for the suspects, Jayantha Weerasinghe PC and Shavendra Fernando PC moved bail applications for the suspects on the grounds that the material facts put forward by the prosecution do not prove any converted financial benefit gained by Mr. Weerawansa when instructing authorities to release such vehicles to his ministry.

They also moved an exceptional circumstance that there was a technical error in the certificate filed in court by the prosecution in respect of the Public Property Act.

Defence further moved the health condition of the daughter of Mr. Weerawansa as an exceptional circumstance because she was suffering a huge depression due to the death of a boy at her house and the insecurity she feels about her father.

They also informed the court that the chairman who served at NEC in 2011 was also accountable for the so called allegations, but he was not arrested for any reason because of political revenge taking place for selected people.

Considering the submissions made by the both prosecution and the Defence the Magistrate fixed January 24 to deliver the court decision on granting bail on suspects on exceptional circumstances.

Friday 6 January 2017

Thajudeen Murder: Unidentified individual travelled in the vehicle

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told court that the investigations had revealed an unidentified person had traveled in the back seat of Wasim Thajudeen's vehicle on the day he was found dead.

DSG said that a broad investigation was deployed in identifying the individual and the former Narahenpita Crime OIC Sumith Perera needed to be interrogated over the incident.

Filing a further report, the CID informed court that according to the statement recorded from one neighbor of Thajudeen, it was revealed that the neighbor was asked to bring Thajudeen’s brother to a restaurant in Boralesgamuwa by Narahenpita Crimes OIC Sumith Perera (first suspect) three days after the incident.

According to the neighbor’s statement, the Crimes OIC had discussed with victim’s brother, Aswan Thajudeen, in the restaurant and had instructed him not to go ahead with the death of late Thajudeen because the victim was found intoxicated and it was a woman involved matter.

However, after being interrogated by the prosecution, former Crimes OIC denied all the accusations and said that he had not involved in such discussions with Thajudeen’s brother.    

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.

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.

Considering that the suspects had already filed revision bail applications in the High Court, Additional Magistrate Jeyaram Trosky.re-remanded the suspects till January 19.

Thursday 5 January 2017

Shahi Welgama re-remanded over SLTB fraud case

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 remanded till January 19 by Colombo Additional Magistrate J. Trosky today.

Earlier, former Colombo Additional Magistrate Nishantha Peiris refused to grant bail on exceptional circumstances to the suspects.

However, Defence counsel Kalinga Indatissa today submitted a bail application again before the newly appointed Colombo Additional Magistrate Jeyaram Trosky.

And the Magistrate directed the defence to tender the bail application in writing and also directed the prosecution to submit their stance on next date.

According to the prosecution the first suspect, Nandana Priyantha who was a supplier to the SLTB had  been given tenders respectively in 2010 and 2012 to supply spare parts to the SLTB.  However, he had allegedly not supplied spare parts equally to the advance payments made to him by the SLTB. The CID alleged that the first suspect had submitting forged documents in three occassions had requested SLTB officials to permit his payments according to the procurement procedures fraudulently.

The prosecution said the second suspect, Shashi Welgama as the then chairman of SLTB had fraudulently 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.

Magistrate calls for medical report on Duminda

By Shehan Chamika Silva

Colombo Additional Magistrate Aruni Attigalle today directed the prison Authority to submit a comprehensive medical report within two weeks on Duminda Silva who was accused of not declaring his assets and liabilities for three years by the Bribery Commission.

Duminda Silva was brought in an Ambulance  to Colombo Chief Magistrate's Court today morning to produce him for the three Corruption cases.

However, the suspect was interestingly kept in the ambulance and not produced before the magistrate due to the critical health condition.

Defence counsel told court that his client is unable to leave the ambulance and come before the court since his health condition is very critical.

After confirming that the suspect was brought and present in the Court premises, Magistrate put off the cases for January 26.

The Bribery Commission had filed three separate cases against Mr. Silva under the Assets and Liabilities Act for not declaring his assets in 2010, 2011 and 2013.

The Bribery Commission had named Parliament Deputy Secretary General P.M.Neil Parakrama and several others as witnesses. Senior counsel Anuja Premaratne appeared for the defence.

The Colombo High Court sentenced him to death after being convicted of the murder of Bharatha Lakshman Premachandra.

Wednesday 4 January 2017

Lalith Weerathunga's trial fixed to be continued

By Shehan Chamika Silva

The continuation of 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 material during the period leading up to the 2015 Presidential Election was fixed for January 9 and 19 by the Colombo High Court today.

Rejecting the Defence request to conclude the trial before the previous judge N V Karunathilaka, colombo High Court Judge Gihan Kulathunga fixed the rest of the trial to be continued before him.

The duo is charged with using 600 million rupees of the Telecommunications Regulatory Commission to distribute Sil material during the Presidential election.

Mastermind of businessman abduction apprehended after 7 years

By Shehan Chamika Silva

Main suspect, who was absconding police and court, over an abduction of a Colombo Manning Market businessman in 2010, was today ordered to be remanded till January 18 by Colombo Chief Magistrate Lal Bandara after being apprehended by the Borella Law Enforcement Unit recently.

According to the police, the alleged abduction was taken place in February, 2010 while businessman, Sanjeewa Kumara was travelling to attend a funeral in Wellampitiya area.

The initial investigation was conducted by the Keselwatta police and later it handed over to the Colombo Crimes Division.

During the investigation, five suspects, Dinuka Madushan, Ruwan Kumara, Thissa Priyantha, Priyankara Perera and Seneth Silva were arrested and later court released them on bail.

However, the main suspect was missing since the beginning of the investigation and after almost seven years of time police apprehended the main culprit along with two firearms in the possession of the suspect Negombo area.

According to the police, the businessman is still missing and also some suspects earlier being bailed out had fled the country.

Patali files defamation case

By Shehan Chamika Silva

Minister Patali Champika Ranawaka today filed a defamation law suit in Colombo District Court over a false news article published in Mawbima newspaper on July 15,2016 based on a statement given by JVP provincial Councilor Wasantha Samarasinghe relating the Minister into the Rs. 1800 million Coal fraud.

He filed the case claiming Rs. 1000 million as damages for tarnishing his political reputation by the defendants, Ceylon Newspapers Pvt Lmtd, Mawbima editor- Thushara Gunaratne and Wasantha Samarasinghe.

The said news article was published based on the remarks of the JVP provincial Councilor, who named Minister Ranawaka directly into the coal fraud incident.

B'desh bank hacking: CID probe continues

By Shehan Chamika Silva

The CID today told court that it had obtained detailed report on the suspicious foreign number recovered during the investigation into the alleged $20 million transaction from Bangladesh to Shalika Foundation in Sri Lanka over the theft taken place at Bangladesh Central Bank recently.

Prosecution said that according to the information revealed from the alleged individual, Priyankara Jayadewa, who had introduced a Japan national, ‘Thadashi Sasaki’ to the Shalika Foundation directors and advised the foundation to start a bank account in order to send funds from foreign countries for charity purposes, the suspicious foriegn number was recovered.

The robbery was occurred when some hackers had invaded the Bangladesh Central Bank data base and defrauded $81million funds of it.

Four requests to transfer a total of about $81 million to the Philippines went through, but a fifth, for $20 million, to a Sri Lankan non-profit organisation was held up because the hackers mis-spelled the name of the NGO, Shalika Foundation.

The CID also informed court that the analytical report of the Moratuwa University on the CPU and two mobile phones recovered during the inquiry was still pending.

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

Earlier, the CID had recorded five statements from alleged directors of the Shalika Foundation, Pradeep Rohitha Dumpkin (Husband of Mrs. Shalika Perera), Don. Miyurin Ranasinghe, Nishantha Nalaka, Sanjeewa Bandara and Shirani Dammika Fernando.

According to the CID officials, the alleged directors of the Shalika Foundation had opened a bank account on January 26, 2016 in a private bank in Bambalapitiya in expectation of obtaining foreign funds for their charitable activities.

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

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

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

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

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

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

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

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

Tuesday 3 January 2017

Trial on LECO fraud fixed to be continued

By Shehan Chamika Silva

Continuation of the trial against former Officials of Lanka Electricity Company (LECO), Champani Padmasekara, Nevil Susantha, Devapriya Wimalakeerthi, Wimal Perera for allegedly causing a Rs. 720,000 financial lost to the LECO by leasing a building in Nugegoda in 2007, was fixed for March 30 and April 4 by Colombo Chief Magistrate Lal Bandara today.

Earlier, the Commission to Investigate Allegations of Bribery or Corruption had charged the five suspects including the land lord Ariya thilaka senevirathne under Clause 70 of the Bribery Act over the Corruption on hiring a 6000 squire feet land for 15,120,000 for four years when they had a opportunity to hire the land at a lesser price.

When the Case was taken up before Court today, witness number five, the Attorney who prepared the leasing deeds delivered evidence and he was also cross examined by the defence.

Magistrate advises Dhammaloka Thera over use of loudspeakers

By Shehan Chamika Silva 

Colombo Additional Magistrate Dulani Amarasinghe today advised Ven. Uduwe Dhammaloka Thera to act accordingly to the given conditional court order 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.

Thera was present yesterday in court after being noticed to appear in court over the personal complaint (lawsuit) filed against Him 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 Mathiniyaramaya Temple in Polhengoda due to the   Loudspeakers operated by the temple.

Considering the submission made by the counsel appeared for the complainant that the thera did not act accordingly to the court order but continued to amplify high noices from the temple, the Magistrate advised Dhammaloka thera that the religious rituals should be practiced considering the inconvenience could occur to others and without obstructing or harming them.

Subsequently, the court fixed January 24 to file legal and preliminary objections for the respondents over the case.

On an earlier occasion, following the report made by the court fiscal Sarath Jayakodi over the failure to hand over the summons to the respondent, Ven. Dhammaloka Thera, Colombo Additional Magistrate Dulani Amarasinghe directed the fiscal to publish the notices around the place where respondant resides.

The 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.

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.

Monday 2 January 2017

Kumara Welgama's bribery case postponed

By Shehan Chamika Silva

The case against former Transport Minister Kumara Welgama for causing a financial loss to the Sri Lanka Transport Board by allegedly appointing a deputy chairman to the SLTB in 2010 violating the Transport Board Act was yesterday postponed for March 3 to amend the charges by the Colombo Additional Magistrate Aruni Attigalle.

Counsel Buddhika Jayasinghe appearing for the suspect informed court a revision application has been filed in high court against the Bribery Commission questioning the legality of filing a case against Mr. Welgama and it is pending.

The suspect was accused by the commission over appointing a person into a position which was not found under the Act.

However, the former minister had appointed L.A. Wimalaratne as the deputy chairman and caused a financial loss of around Rs. 3.2 million to the SLTB on his salary payments.

The Bribery Commission had informed the court that the former minister had committed an offence under clause 70 of the Bribery Act.

Former Ambassador to US Jaliya Wickramasuriya re-remanded

By Shehan Chamika Silva

Former Sri Lankan Ambassador to the USA, Jaliya Wickramasuriya, who was accused over allegedly misappropriating USD 332,000 of state funds in the process of purchasing a building for the Sri Lankan Embassy at Washington, USA, was ordered to be further remanded till January 11 by Colombo Fort Magistrate Lanka Jayaratne today.

He was not produced in court yesterday by the Prison Authority and informed the Magistrate that the suspect’s health condition is bad and therefore being treated at the prison hospital.

Thereby, the magistrate extended the remand order till January 11.

The FCID produced the suspect in court under the allegations fell under section 5 of the Public Property Act, where one who misappropriated public properties or assets causing more than Rs. 25,000 has no bail relief unless exceptional circumstances or by a High Court Judge.

Wickramasuriya was arrested for allegedly accepting a commission while serving as the Sri Lankan Ambassador to the US, under the previous government.

Former Deputy Minister Sarath Kumara remanded

By Shehan Chamika Silva

Former Deputy Minister Sarath Kumara Gunaratne who was arrested by the CID today on charges of misappropriating Rs.12 million at the Negombo Fisheries Harbor Corporations, was ordered to be remanded till January 9 by Colombo Chief Magistrate Lal Bandara.

The CID told court that there were six individuals found as suspects in the initial investigation conducted by the Special President's Commission and later produced four suspects before court on the instructions of the Attorney General.

The suspect was the fifth suspect arrested in connection with the allegations and one more to be apprehended.

The CID charged the suspect under section 386 (misappropriation), 112 (conspiracy) and 102 (abatement) of the penal code and the section 5 (1) of the Public Property Act.

Counsel Sampath Mendis who appeared on behalf of the suspect moved bail on exceptional circumstances considering the critical health condition of the suspect and his wife.

He also contended that the B report filed in court by the CID was erroneous and bad in law. The prosecution had not precisely stated what was the offence that the suspect had committed nor had annexed the summary statement in the report which is compulsory according to the section 115 (1) of the Criminal Procedure Code, said counsel.

However, considering the defence submission the Chief Magistrate Lal Bandara fixed January 9 to decide on releasing the suspect on bail under exceptional circumstances.

Earlier, four suspects former Chairman Upali Chaminda, accountant Lakmini Munidasa, Deputy General Manager Piyal Abeysekera and Deputy General Manager Chaminda Palpita were produced in court and released on bail under exceptional circumstances.