Tuesday, 28 February 2017

Duminda has no inability to appear in Court: Docs tell Magistrate

By Shehan Chamika Silva

Examining the suspect, Duminda Silva's health condition, special panel of consultants at Colombo National Hospital submitting a comprehensive report in court recommended that no obstacles to produce the suspect before court for the on going three non-assets declarations cases filed against him.

Earlier, the court directed the prison Authority to produce suspect, Duminda Silva before Colombo National Hospital to examine his health condition under a special panel of doctors as to confirm suspect's inability of appearing before court due to his illness.

The suspect was not produced before court by the prison earlier for ongoing three cases over the charges of not declaring his assets and liabilities for three years filed by the Bribery Commission because of the critical health condition of the suspect.

However, Colombo Additional Magistrate Ranga Dissanayake today directed the Prison to produce Duminda Silva before court immediately after considering the medical report given by special panel of doctors at Colombo National Hospital.

Subsequently, counsel Anuja Premaratne appearing for the suspect informed court that his client was suddenly produced before a doctor because of his bad health condition, therefore not able to bring him before court.

Then, the Magistrate directed the prison authority to produce the suspect in court for the on going three cases on April 6. The cases were put off for the same date.

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.

Friday, 17 February 2017

Ananda-Nalanda tussle: 5 Nalandians released on bail

By Shehan Chamika Silva

Five students of Nalanda College, Colombo who were arrested by the Borella police in connection with the conflict between Ananda College and Nalanda College, were ordered to be released on bail by Colombo Additional Magistrate Ranga Dissanayake yesterday.

They were released on a surety bail of Rs. 100,000 for each suspect.

Borella police brought charges under the Penal Code against the suspects for damaging SLTB bus and assualting Ananda students.

Before releasing the suspects, the Magistrate strictly warned them to avoid such illegal acts.

Even though the suspects are still students, they should have known the prevailed law in the country before they engage in damaging public property.

The Magistrate also observed that these students would not be remanded even the charges brought under Public Property Act, if the damage is above Rs. 25,000, because the danger of mixing them with other suspects in the remand custody.

Frm SLTB Head Shahi 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 remanded till February 23 by Colombo Additional Magistrate Daminda Weligodapitiya.

The prosecution earlier 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.

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.

Thajudeen murder: CID probes into suspicious transactions of 15 bank accounts

By Shehan Chamika Silva

Acceding the prosecution’s request, Colombo Additional Magistrate Daminda Weligodapitiya permitted the CID to check 15 bank accounts relating to five suspicious individuals in search of doubtful transactions in connection with the murder of Wasim Thajudeen since 2012.

Filing a further report in court, the prosecution sought court permission to obtain bank statements relating to 15 bank accounts owned by five individuals.

The CID also informed the court that it had initiated a broad investigation on the recovered suspicious phone number allegedly used by the former SDIG.

The Magistrate also directed the Sri Lanka Medical Council to provide extracts pertaining to the internal inquiry conducted against the former chief JMO and two others over the irregularity occurred while conducting the postmortem of late Wasim Thajudeen to the CID.

An inquiry is being conducted by the SLMC against former chief JMO Ananda Samarasekara, Shriyantha Amararatne and C.K. Rajaguru over the missing body parts of the Wasim Thajudeen and the misdeeds occurred while the post mortem of Thajudeen was conducted.

The prosecution said that the analytical report of University of Colombo on the CCTV footage which contained suspicious vehicle that chased Thajudeen's vehicle on the day that he was found dead, and the DNA test report on the recovered 19 femur bone pieces and seven bone pieces of chest area at the SAITM laboratory were 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.

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 Aruna Buddadasa.re-remanded the suspects till March 2.

Suspended imprisonment on 3 suspects who pleaded guilty for Indo-Lanka kidney racket

By Shehan Chamika Silva

Two of the remaining five suspects, who were apprehended in connection with the Indo-Lanka kidney racket and charged later for violating Immigration laws by the CCD, yesterday pleaded guilty to their all allegations.

Two suspects, Ragavendra Uppara and Theppala Viki Raja pleaded guilty to the 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.

Subsequently, Colombo Chief Magistrate Lal Ranasinghe Bandara imposed one year rigorous imprisonment, suspended for five years, with a fine of Rs. 100,000 for the immigration law violation and also imposed another suspended one year jail term for the escaping charge.

Another suspect, Mohammad Isthiyan Khan had also pleaded guilty to a one charge of immigration violation and subsequently Magistrate imposed a one year rigorous imprisonment suspended for five years with a fine of Rs. 100,000, while other two suspects Yadalapaari Vamis Krishna and Dogipathi Shri Niwas pleaded not guilty to the both charges. Thereby, the Magistrate remanded them till March 2.

On an earlier occasion, the Colombo Crimes Division had 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.

On the instructions of the Magistrate the prosecution had initiated the inquiry without the escaped suspects, 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 conducted the prosecution.

Tuesday, 14 February 2017

Bandu Vs Bindu case: Udayakantha Warnasuriya released on bail

By Shehan Chamika Silva

Two suspects, Udayakantha Warnasuriya and Chaminda Kumara Rajasinghe who appeared in court on notices, were released on bail by Colombo Chief Magistrate Lal Ranasinghe Bandara today over the  case in which they were charged for  the infringement of Mr. Bandu Samarasinghe's performing rights under Intellectual Property Act.

They were released on Rs. 10,000 surety bail for each suspect.

Other two suspects, Malinga Shrimal Weerasinghe and Kalum Udaya Kumara, who were noticed earlier, were not present in court today, thereby, the court reissued summons on them.

Colombo Crimes Division had earlier filed charge sheets against Janaka Kumara alias 'Bindu' and four others in Colombo Chief Magistrate's Court over the alleged infringement of Mr. Bandu Samarasinghe's performing rights under Intellectual Property Act.

Apart from the suspect, Janaka kumara, the CCD named other four as suspects for allegedly involving in producing and recording the alleged performances of 'Bindu' which imitated Bandu Samarasinghe's performances in various roles in teledramas and films.

Janaka Kumara alias Bindu Bothelegama, the first suspect, who was charged for violating Mr. Samarasinghe's performance and Intellectual property rights, was earlier released on bail over the incident.

The suspects were charged under sections 17(1), 178(1) of the Intellectual Property Act and the Penal code.

Earlier, Mr. Samarasinghe complained to the CCD saying his performing rights had been infringed by Mr. Janaka Kunara violating the clause 17 (1) of the Intellectual Property Act.

Subsequently, the Chief Magistrate put off the case for March 14.

Monday, 13 February 2017

Avant Garde case:Defence raises Preliminary Objection over maintainability of the inquiry


By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today allowed defence to file the preliminary objections in writing before court on March 15 over the case where former Defence Secretary, Gotabaya Rajapaksa, Nissanka Senadhipathi and six others were accused of corruption charges in connection with the Avant Garde Maritime Services by the Bribery Commission.

The Bribery Commission alleged that the suspects had committed the offence by permitting the Avant Garde Maritime Services to operate a loating AGMS to earn Rs. 11.4 Billion incurring a financial loss to the state.

Other suspects are Sujatha Damayanthi, Palitha Piyasiri Fernando, Karunaratne Bandara Adhikarai, Somathilaka Dissanayake, Jayanath Sirikumara Colambage and Jayantha Perera.

Raising a preliminary objection at the onset, Romesh de Silva PC moved that the prosecution had violated the law vested in Bribery Act (BA) when put forwarding charges against the suspects.

He said that when a purported charges were brought in before court under section 70 (Corruption), the prosecution should obtain a mandatory sanction, a written consent, from the Bribery Commission according to the section 78 (1) of the Bribery Act.

However, in this case there was no such sanction visible in court, therefore, the proceedings of the case should not be continued, and straight away be discharged the suspects from the inquiry.

Appearing for the prosecution Senior State Counsel Janaka Bandara argued that according to the section 11 of the No. 19, 1994 Bribery Act, the Director General of the Bribery Commission is permitted to file charges in court with the direction of the Commission, and no certification of the commission is required in court because the direction is sufficient compliance.

However, Mr. de Silva contended that the section 78(1), which requires a sanction from the Commission, was brought in with the No. 20, 1994 Bribery Act, which passed after the No. 19 Act, thereby, the Mandatory sanction requirement is in force after the new inclusion.

But the State Counsel further elaborated and argued that there was a Supreme Court decision pertaining to a similar dispute which held that the Bribery Director is allowed to file charges with sufficient compliance of the authority of the Commission under section 11 of No.19, 1994 Bribery Act.

Considering the both parties submissions, Colombo Chief Magistrate allowed the defence to file their objections in writing.

The Magistrate also directed the prosecution to conduct the inquiry in the absence of the second accused Sujatha Damayanthi Jayaratne following the evidence led by the Prosecution confirming that the suspects is being resided in abroad.

Special panel of doctors for Duminda Silva

By Shehan chamika Silva

Colombo Additional Magistrate Aruni Attigalle today directed the prison Authority to produce suspect , Duminda Silva before Colombo National Hospital to examine his health condition under a special panel of doctors.

The Magistrate had sent a letter to the Director of CNH Anil Jasinghe seeking a comprehensive medical report on the suspect as to confirm suspect's inability of appearing before court due to his illness.

Earlier, Chief JMO Ajith Thennakoon had informed the court that the suspect should be examined under the supervision of a panel of specialists doctors at CNH.

The Magistrate had directed the Director of CNH to submit the medical report on February 28.

In a response to a court order, Prison Authority earlier had filled a medical report on the suspect and informed the inability of producing him in court for the ongoing three bribery cases over the charges of not declaring his assets and liabilities for three years.

Duminda Silva was not produced before court by the prison Authority due to his critical health condition.

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.


Thursday, 9 February 2017

Indo-Lanka kidney racket suspects further remanded

By Shehan Chamika Silva

The remaining five suspects who were apprehended in connection with the Indo-lanka kidney racket and violating immigration laws were ordered to be further remanded till February 16 by Colombo Chief Magistrate Lal Ranasinghe Bandara today.

On the earlier occassion the Colombo Crimes Division filed charge sheets against the suspects  in court for violating Immigration Laws and attempting to escape while in the detention.

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 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.

Interpol warrants issued on suspects of Namal's HelloCorp Inquiry

By Shehan Chamika Silva 

Colombo Additional Magistrate  Jeyaram Trotsky today issued open warrants through Interpol to arrest two suspects who were absconding the prosecution and the Court over the inquiry conducted under the Money Laundering Act against Namal Rajapaksa and five others for purchasing shares of a company called Hello Corp from ill-gotten funds.

Suspects, Indika Prabath Karunajeewa and Iresha Silva are said to have resided in abroad absconding the prosecution.

Meanwhile, it was revealed in court that the Attorney General would file indictments in high court immediately on the all suspects.

Based on the suspicious transactions revealed during the investigation, the FCID had earlier filed two separate cases for the suspects for obtaining Rs. 30 million from Hovell Construction and Rs. 15 million from Boston Capital Company in the disguise of the services provided by NR Consultancy and Gowers Corporation which are headed by Mr. Rajapaksa.

According to the FCID, the suspect, Namal Rajapaksa had dealt with companies called 'Boston Capital' and Hovell Construction and had given Rs. 15 million and 30 million by him self and through one Indika Karunajeewa to those companies in order to conceal the origin of the alleged ill gotten funds.

Later 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 those companies, said FCID.

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

FCID officer, Inspector of Police MM Saajith conducted the investigation.

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

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

White van abductions: Navy Intelligence Officer re-remanded

By Shehan Chamika Silva

Former Navy Intelligence Officer, Dhammika Anilmapa who was arrested by the CID in connection with the alleged two abductions taken place in 2009 using a white van, was ordered to be further remanded till February 23 by Colombo Additional Magistrate Jeyaram Trotsky today.

According to the prosecution, the suspect was the chief Intelligence officer at Welisara Navy Camp at the time the incident was occured and alleged to have aided to conceal the vehicle used in abductions.

The CID informed court that two more suspects expected to be arrested over the incident and they are former intelligence officials on Navy, Dayananda Nanayakkara and Ananda Guruge.

Upon the request made by the CID, the Magistrate permitted the prosecution to interrogate former SDIG Anura Senanayake into the incident.

The CID told court that according to the information revealed so far over the inquiry conducted into two abductions reported in 2009;  Welisara Navy Intelligence Officials had direct involvement into the incidents.

Wadiwel Pakkilisami and Rathnasami Paramanandan were were missing since January 2009 and they were allegedly abducted by some unknown individuals using a white vehicle.

Filing a comprehensive report before Colombo Additional Magistrate Nishantha Peiris, the CID revealed the alleged connection of the Navy Intelligence into the incidents.

According to the intelligence sources, the CID told court that the so called abductees were neither suspects into any terrorist activities nor alleged to have involved in such actions.

Earlier, investigation into so-called abductions were conducted by then Sub Inspector of the Colombo Crime Division (CCD), Wijeysinghe.

However, during the investigation conducted by CCD, it was interrupted and stopped by then high ranked police officials.

Later, following a complaint lodge with the CID by the wifes of the abductees, Inspector of Police Nishantha Silva took over the inquiry.

According to the statements recorded from SI Wijesinghe, It was revealed in court that former SDIG Anura Senanayake and former DIG Vass Gunawardena had interrupted into the investigations carried out by the CCD at the beginning.

If those high ranked police officials wouldn't have involved and interrupted into the investigation, police could have caught real culprits and the so- called vehicle into the abducions at the very onset, SI Wijeysinghe in his statement to the CID.

On an earlier occassion, the prosecution found the so-called used in the abductions apportioned into 72 parts at a room in Welisara Gamunu Navy Intelligence Unit.

The CID said those vehicle parts have been sent to the Government Analyst for further examination.

The prosecution also informed court that according to the information revealed from the mobile phone conversations of the abductees, victims were around the Welisara area after they were abducted.

The CID also said mobile Phones belonged to Pakkili Sami and Paramanandan had been recovered   in the possession of two Navy officials at the Welisara Camp during the investigation.

The prosecution said it had initiated a broad investigation into the so-called abductions and the involvement of the high ranked police officials who had interrupted the initial inquiry.

FR filed to get back China Bay Oil storage from Lanka IOC

By Shehan Chamika Silva

A Fundamental Rights Petition filed in Supreme Court today by the Ceylon Petroleum Common Workers’ Union seeking a Court order to take back the unlawful possession of the oil storage facility at China Bay Installation by the Lanka Indian Oil Company Pvt (LIOC) to the State.

The Petitioners stated that the LIOC had entered into a taking over agreement with the Secretary to the treasury on 7th of February 2003 in search of oil storage facility in the China Bay Installation and the land appurtenant for a period of thirty five years.

The Petitioners say that there was a lease agreement needed to be executed within six months from the date of said take over agreement. However, the validity of the taking over agreement lapsed on 7th of August 2003 and the parties had failed to execute a lease agreement within six months, therefore, the petitioners alleged that the LIOC possesses the China Bay Installation and land appurtenant currently without any valid authority since it still vested with the authority of the State.

They said that the LIOC had possessed the so-called public property for more than thirteen years because no responsible party managed to take suitable actions to take back China Bay Installation.

The petitioners stated that the failure of the respondents to get back the possession of the China Bay Installation from the LIOC was an administrative/executive action within the meaning of the Article 126 of the constitution, therefore the state have continuously infringed the fundamental rights (Article 12(1) of the Constitution) of the citizens in the country.

They sought court declarations over the unlawful possession of the China Bay Installation by the LIOC, violation of the Constitute when the taking over agreement was signed between parties and the illegality of the so-called agreement.

Petitioners also sought a court direction to fine LIOC with any sum of money which is legally owed to pay by the LIOC to the state.

Petitioners, S.de.S. Rajakaruna and Asoka Sapumal Ranwala had cited 52 respondents along with 45 Cabinet Ministers, Prime Minister Ranil Wickramasinghe, Secretary to the President P.B. Abeykoon, Secretary to the Ministry of Finance, Secretary to the Treasury, Ceylon Petroleum Corporation, Lanka Inian Oil Company, and the Attorney General.

Wednesday, 8 February 2017

TID submits its stance in court over accused operators of LTTE ransom collecting in UK

By Shehan Chamika Silva 

The TID today filed a comprehensive report in court over the three suspects including former army intelligence officer who were accused of attempting to send a cap with LTTE logo to London in 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.

However, ordering the suspects to be further remanded till February 22, Colombo Additional Magistrate Aruni Attigalle considered to deliver court's decision for the suspects on next date.

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

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 atteched 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 flag, T shirt or cap with LTTE logo in order to show 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 Prevention of Terrorism Act by the prosecution.

On an earlier occassion, considering the defence request on granting suspects bail, Colombo Additional Magistrate Aruni Attigalle directed the TID to submit its stance. 

BC to file counter objections on five cases filed against MR's ex-Security Chief

By Shehan Chamika Silva

The Five bribery cases filed against Major Neville Wanniarachchi, a former security officer of former President Mahinda Rajapaksa, had been fixed for March 7 to file counter objections for the Commission by Colombo Additional Magistrate Aruni Attigalle today.

On an earlier occasion, the Defence had submitted their preliminary objections over the allegation, thereby the prosecution requested to file counter objections.

The Bribery Commission had charged him with five cases over committing an offence fell under the Non -assets declaration Act for not revealing his assets declaration in consecutively from 2010 to 2014 while he was a major in the Sri Lanka army.

Trial fixed on Shashi Weerawansa's forged passport case

By Shehan Chamika Silva

A Case filed against former Minister Wimal Weerawansa's wife, Sashi Weerawansa for fraudulently obtaining a passport submitting forged documents, was fixed for trial by Colombo Chief Magistrate Lal Ranasinghe Bandara today. The case was fixed for trial on May 25, 30 and 31.

There were two separate cases filed against her on two counts for possessing an illegal diplomatic passport (B 22555) and submitting false details about her name and birth date to obtain fraudulently a diplomatic passport (B 60893).

The prosecution had charged the suspect for committing offences fell under section 45(1) and (a) of the Immigration Act during the time period of September 13, 2010 to February 26, 2015.

According to the CID, Sashi Weerawansa -alias Ranasinghe Randunu Mudiyanselage Sehasha Udayakanthi (No.74 J, Mangala Mawatha Hokandara)- was alleged to have possessed two identity cards and two passports obtained by submitting forged documents.

The CID investigations had revealed that the suspect had obtained two identity cards bearing numbers 675320233V and 715346469V and two passports bearing numbers N 1284124 and D 3642817.

The trial was fixed to the second case and the other case was also putt off for May 25 as a calling date.

Subsequently the court also summoned three prosecution's witnesses over the second inquiry to appear on trial dates.

Tuesday, 7 February 2017

Magistrate imposes suspended imprisonment for Weerawansa’a supporter

By Shehan Chamika Silva

National Freedom Front (NFF) Leader, Wimal Weerawansa’s supporter who obstructed court proceedings when the MP was re-remanded on January 24, was imposed a one and half year imprisonment suspended for seven years by Colombo Fort Magistrate Lanka Jayaratne today.

The Police yesterday filed a charge sheet against the suspect on two counts under section 223 of the penal code (intentional insult or interruption of a Public Servant sitting in any stage of a judicial proceeding) and section 55(1) of the Judicature Act (contempt of court proceedings).

However, Suspect, Sudesh Premalal, reportedly a supporter of former Minister, had pleaded guilty to the charges and apologized from the court.

Appearing for the suspect Counsel Premanath Dolawatta requested court to consider that the suspect had already regretted about the incident and his health condition before imposing the punishments.
Subsequently, the Magistrate imposed a one and half year imprisonment against the suspect, six years normal imprisonment for the first charge and one year grievous imprisonment for the second offence suspending them for seven years.

The Magistrate also imposed a fine of Rs. 1,000 for the first charge.

The Magistrate strictly warned the suspect to avoid similar sort of behaviors hereafter otherwise the suspended imprisonment shall be annulled because 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.

While the remand order of Mr. Weerawansa was being delivered, the Suspect had loudly expressed his feelings about the case by shouting and pointing finger towards the Magistrate.

He 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".

Wimal Weerawansa further remanded

By Shehan Chamika Silva

Former minister Wimal Weerawansa and an ex- DGM who were arrested by the FCID on charges of misusing 40 state vehicles belonging to the National Engineering Corporation(NEC) and causing Rs. 90 million financial loss to the state during 2011-2014, were ordered to be further remanded till February 20 by Colombo Fort Magistrate Lanka Jayaratne today.

The Magistrate also directed the FCID to investigate specifically about the two former Chairmen who served at NEC during the alleged allocation of vehicles was taken place.

Responding over the legality of former Deputy Chairman, Lasantha Alagiyawanna’s involvement in issuing three vehicles, the FCID told court that according to the statements recorded; those vehicles were allocated for the activities under the NEC, therefore no irregularity revealed yet.

Defence Counsel Shavendra Fernando observed that the FCID had deliberately omitted the two former chairmen ( Arshu Marasinghe and other) from the allegation and had not requested the assistance from the Attorney General since the manipulation done by the FCID in this particular inquiry.

The defence had also filed a written bail application on behalf of the second suspect, and the Magistrate fixed next date to consider the requests made on exceptional circumstances.

Other suspect, Samantha Lokuhennadige, was the former Deputy General Manager of the National Engineering Corporation.

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 National Engineering Corporation (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, 2 February 2017

Thajudeen murder: CID still struggling to identify suspicious Temple Trees connection

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told court that the CID is conducting a broad and sensitive investigation with the assistance of experts to identify the exact phone extension connected to Temple Trees which allegedly had conversations with former SDIG Anura Senanayake.

He also said the investigations had revealed that former SDIG Anura Senanayake had contacted the Temple Trees few occasions on May 15, 16 and 17 in 2012 prior to the Thajudeen was found dead, but the data relating to those conversations needed to be restored with the support of IT experts since those records had been deleted from the main data base.

DSG also said that the phone conversations of a security official of former president had been examined by the CID, while another security officer Captain Thissa Wimalasena, who had the responsibility over allocating the vehicles to the former president and his family on the day Thajudeen was found dead, was also interrogated into the incident.

The prosecution said that the analytical report of University of Colombo on the CCTV footage which contained suspicious vehicle that chased Thajudeen's vehicle on the day that he was found dead, and the DNA test report on the recovered 19 femur bone pieces and seven bone pieces of chest area at the SAITM laboratory were 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.

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 Aruna Buddadasa.re-remanded the suspects till February 16.

Wednesday, 1 February 2017

Revision Application against bail of Chanuka Ratwatte, 4 others

By Shehan Chamika Silva

A revision application had been filed in Colombo High Court against the bail order given by the Fort Magistrate releasing Chanuka Ratwatte and four others on bail over the case where they were accused of misappropriating Rs. 4.2 billion state funds.

The Attorney General filed the revision application on behalf of the FCID seeiking an order revising the bail order of Fort Magistrate.

When the application was taken up in court, Colombo High Court Judge Amal Ranaraja fixed March 29 to submit respondent’s objections.

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

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

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

Other suspects were Dharmapriya Bandara Dasanayake (chairman of the Entrust Securities plc), Chanuka Ratwatte(Managing Director), Romesha Dushanthi Senarath Executive Director), Sanjeewa Dayaratne (Director)and Niloshan Romelo Mendis (Director).

Karuna's case: Extracts sent to AG

By Shehan Chamika Silva

The FCID today told court that the extracts of the case filed against Former Minister Vinayagamoorthi Muralitharan on charges of misusing a state vehicle was sent to the Attorney General for his opinion.

When the case was taken up in court today, defence counsel requested court to ease one of the bail conditions of reporting FCID every Sunday to once a month.

Chief Magistrate Lal Ranasinghe Bandara allowing the defence request put off the case seeking AG's opinion for May 24.

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

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 February 2015 by the security people of the suspect to fix some technical errors of the vehicle.

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

According to the defence, the suspect had also said that he had informed Presidential Secretariat about the vehicle in a letter on Feb 2015 but no actions were taken.

Prosecution said the legal custody of the vehicle for the former minister was extended in a circulation released in February 2015 by the government but the extension was concluded on July 29, 2015.

FCID alleged that the suspect should be liable for the misappropriation occurred after the Rs. 98 million worth state vehicle being kept in a garage in Batticalo without anyone's supervision.

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.

The suspect was arrested over committing offences fell under section 5(1) of the Public Property Act and the penal code.

Astrologer who predicted President's death released on bail

By Shehan Chamika Silva

Astrologer, Vijemuni Vijith Rohana who was arrested on charges of circulating a video forecasting the death of President Maithripala Sirisena was 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 one million each. The Magistrate also imposed a travel ban on the suspect.

The suspect was produced before Chief Magistrate on January 31 night by the CID and later kept under Prison Authority till yesterday since the sureties were pending.

The prosecution had leveled charges against him under section 120 of the penal code (Exciting or attempting to excite disaffection).

When the suspect was produced before the Magistrate, Counsel R.A.P. Ranawaka who appeared for the suspect moved that the case could not be maintained since the allegations leveled against the suspect are incomplete.

According to the prosecution, the suspect had maintained a face book profile for him and on two occasions he had posted videos, predicting that the president would die soon.

The CID said the public had shown displeasure on the statements made by the suspect as so- called videos contained with predictions over president's death.