Bond Auction Tender Board had no option after Mahendran’s instructions - Fmr. Asst. Governor

By Shehan Chamika Silva

Former Assistant Governor, S. Sepala Rathnayake, who was also a member of the Tender Board dealing with the issuance of Treasury bonds, revealed today before the Commission that he was shocked due to the consequences that could arise, when the Board was required to accept Rs. 10.058 billion worth bids for the Treasury bond auction on 27th February, 2015.

When questioned he said at the Tender Board Meeting the Superintendent of Public Debt Department explained the Board members about the intervention of former Governor Arjun Mahendran, as he had instructed the Public Debt Department (PDD) to accept 10 times the amount of bids advertised in the public notice.

It was explained that the February 2015, bond auction was originally intended to sell 1 billion rupees ($7 million) of 30-year bonds. And following the auction, on the instructions of Former Assistant Governor Rathnayake, the PDD recommended to accept Rs. 2.6 Billion amount of bids.

However, disregarding the recommendation of PDD to accept only Rs. 2.6 billion, the Former Governor had unusually visited the PDD twice while the auction was taking place and had instructed to accept Rs. 10.058 billion amounts of bids.

It was also revealed, when the recommendation was before for the approval of the Tender Board, former Assistant Governor Rathnayake had rejected to accept such amounts of bids because of the consequences and the impact could occur to the market interest and the public debt management.

"At the Tender Board meeting, I asked the chairman of the TB to contact the Governor immediately to discuss the situation, then the chairman, Mr. Samarasiri attempted to contact the Governor via the intercom telephone line but said that the Governor was not in the office", he said.

Subsequently, the Chairman of the Tender Board had left the room and had come after few minutes, and informed the Tender Board members that he contacted the Governor and he was instructed to accept the so-called amounts of bid by the Governor.

"I was dissatisfied with the response of the chairman and I expressed my stance by saying that ‘better to leave clothes here and go naked to sign this", he had said it in Sinhalese language to the Tender Board members.

Using economic statistical drafts prepared by him, former Assistant Governor also illustrated to the Commission the consequences that had actually occurred to the market interest, auctions for the Treasury bonds and bill and the loss for the Government, after the acceptance of the Rs. 10.058 billion worth bids on February 27, 2015.

Deputy Solicitor General Priyantha Navana led the evidence on behalf of the Attorney General yesterday from the Assistant Governor and the further inquiry will be conducted from April 3.

The Commission which was appointed by the President comprised with Supreme Court Judges Kankanithanthri T. Chitrasiri, Prasanna Sujeewa Jayawardena and former Deputy Auditor General Kandasamy Velupillai to inquire into the Treasury Bond issue.

“Neethiya” Nat'l Law Conference for junior lawyers to be held in April

By Shehan Chamika Silva

With the intention of fostering the fresh attorneys on the development of the Legal arena, the National Law Conference, ‘Neethiya’ (Sinhala Medium), organised by Neethiya Foundation in collaboration with the Bar Association of Sri Lanka (BASL) in the fourth time will be held on April 2, 2017 at the Sri Lanka Foundation in the patronage of the Chief Justice and the Attorney General.

Addressing the Press conference held at BASL, new President to the BASL, senior counsel, U. R. de Silva illustrated the importance of the ‘Neethiya’law conference, which is targeted towards junior lawyers and the lawyers who joined the legal arena recently.

Based on President Counsel, Upali Guneratne’s expert work in the Magazine of ‘Neethiya’, the purported law conference is set up to meet recent developments in the areas of Electronic Evidence, Bail Act, Notary Public, Family Law, Professional issues, etc.

The organizers encourage junior lawyers from outstation to be part of the event more as it would be a valuable prospect for new comers to the legal field from outstation.  

The Tickets for the above conference could be purchased at the offices of Neethiya Foundation (2862233/0772969002/0773715044/0774442422) and of the BASL (2447134) as well as the BASL book shop located in the District Court building at Hulftesdorp.“Neethiya” National Law conference for junior lawyers to be held on April 2.

Fort Railway Station bomb: Convict sentenced 20 years RI

By Shehan Chamika Silva

Colombo High Court Judge sentenced a Tamil individual to a 20 years rigorous imprisonment over the charges of aiding-abetting and conspiring the 2008 Fort Railway Station suicide bombing, which killed 16 and injured more than 92 people.

Colombo High Court Judge Piyasena Ranasinghe convicted Kanakasabe Devadasan alias Nadan over the allegations put forward against him by the Prosecution under the section 3 of the Prevention of Terrorism Act.

In the attack, eight school children of D. S. Senanayake College baseball team and their coach were killed.

The attack was allegedly carried out by a female suicide bomber of LTTE, who got down from a train and exploded during rush hours on Platform 3 at Fort Railway Station.

Int'l drug kingpin Mohammad Siddeek re-remanded

By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today remanded, Drug kingpin, Mohammad Siddeek till April 11 in the case filed against him over the charges under the Money Laundering Act, Prevention of Terrorism Act and Poisons, Opium and Dangerous Drugs Ordinance by the CID.

On the instructions of the Court, the suspect was earlier produced before the Prison Court for the extension of the remand.

However, he was yesterday brought in to the Chief Magistrate's Court by the prison to produce the suspect in the on going Money Laundering case against him.

The Counsel appearing for the suspect told the Magistrate that the CID had put the allegations unfairly against his client under the Prevention of Terrorism Act as they could keep the suspect in remand further.

On an earlier occasion, The CID revealed in Court that the Mohammad Siddeek had illegally transferred Rs. 517,125,930, which he had earned from heroin smuggling in Sri Lanka, to Pakistan through Dubai using an illegal ‘Undiyal’ money transferring system.

And the second suspect in connection with the money laundering charges in this case, Mohammad Sajahan, who was on bail, was granted to appear in court on July 25.

Case on high noises of Alan Mathiniyaramaya: Ven. Dhammaloka surrendered in Court

 

By Shehan Chamika Silva 

 

Colombo Additional Magistrate Dulani Amarasinghe today released Ven. Uduwe Dhammaloka Thera on bail after he surrendered in court in line with the arrest warrant issued previously by the Court due to his absence on the earlier date over the case filed against him for amplifying high level of noises using loudspeakers between 5 am to 6 am in the morning at Alan Mathiniyaramaya Temple in Polhengoda.

 

A personal complaint (lawsuit) had 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.

 

Thera was subsequently released and his arrest warrant was recalled on an additional surety bail of Rs. 100,000.

 

When the case was taken up for consideration on last occasion, thera was not present in court. He was said to have traveled abroad by getting permission from the High Court over his other case going on over a violation under the Public Property Act.

 

Subsequently, Thera was warranted by the Magistrate because he had not obtained permission to travel abroad from the Magistrate’s Court over this particular case.

 

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and therewere 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.

 

Case was put off for April 5.

 

 

White van abductions inquiry: Navy Commander not helping investigations, says CID

 

By Shehan Chamika Silva

 

The CID informed the court today that, disregarding the previous court directions, the current Navy Commander does not assist them over the investigation conducted into the alleged two abductions taken place in 2009 using white vans.

 

The CID, filing a further report, said that the Court had earlier directed the Navy Commander to assist the inquiry; however, he had not been helping the prosecution over the investigations.

 

The prosecution further informed court that it had recorded a statement from former Sub Inspector of the Colombo Crimes Division (CCD), Wijeysinghe, who was the initial inquiry officer into the investigations pertaining to the so-called disappearances.

 

According to his statement, SI Wijeysinghe revealed that he was asked to prepare a confidential report over the incidents by then senior DIG Anura Senanayake and thereby, under the direction of then CCD’s director, he had handed over the report to the SDIG.

 

However, after looking at the report, SDIG said me to “do nothing about it and keep it as a secret for a while”, Wijeysinghe had stated in his statement.

 

In his statement, he had also revealed that when the so-called report was visible in the initial magisterial inquiry, the report had been changed.

 

Meanwhile, Former Navy Intelligence Officer, Dhammika Anilmapa who was in remand custody in connection with the alleged two abductions, was ordered to be further remanded till April 6 by Colombo Additional Magistrate Jeyaram Trotsky.

 

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

 

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

 

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 wives of the abductees, Inspector of Police Nishantha Silva took over the inquiry.

 

On an earlier occasion, 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.

Inquiry on Lasantha killing: SF says special intelligence unit operated to attack journalists

By Shehan Chamika Silva

Based on the statement given by Field Marshall Sarath Fonseka into the incident, the CID told court today that a special unit had operated under the supervision of former head of the Intelligence Services, Kapila Henda Witharana to attack the Media during the time period that Lasantha Wickrematunga was shot dead.

Filing a further report into the inquiry conducted on the killing of former Sunday Leader editor, Lasantha Wickrematunge, the CID informed court that it had recorded a comprehensive statement from former Commander of Si Lanka Army, Sarath Fonseka over the incident.

In his statement, Mr. Fonseka had informed the CID that he was unaware about the  security situation around the Colombo division, since Major General Ajith Perera was assigned handle the security in that particular area.

Later, the prosecution had also recorded a statement from retired Major General Perera over the incident. However, in his statement, he had also ascertained his unawareness into the incident of the killing of Lasantha Wickrematunge, said the CID.

The CID also informed the court that based on the experts’ analytical report pertaining to the second post mortem conducted on the corpus of Mr. Wickrematunge, the victim’s death had been occurred beacause of the damage caused to his brain due to an attack extended on his head severely using a sharp weapon.

Further inquiry was put off for June 19 by Colombo Additional Magistrate Mohammad Mihar.

Unidentified gunmen on motorcycles shot Mr. Lasantha dead on his way to work in Colombo on January 8, 2009.

President, Prime Minister summoned over Tissa’s trial

By Shehan Chamika Silva 

The Colombo High Court re-issued summons on the President and the Prime Minister to appear in court in the case against the United National Party’s former Secretary Tissa Attanayake for displaying a letter with forged signatures of the then presidential candidate Maithripala Sirisena and the then Opposition Leader Ranil Wickremesinghe during the 2015 presidential election.

Earlier, the High Court issued summons on the President and the Prime Minister to submit their evidence in court. 

When the case was taken up for consideration in the absence of the main two witnesses, Additional Solicitor General Wasantha Navaratna Bandara told court that he was informed that the two witness would be unable to be present in court today. 

Subsequently, High Court Judge Vikum Kaluarachchi also confirmed that the witnesses had informed the court in writing about the difficulty of appearing in court and had requested convenient days to testify in the case. 

According to the prosecution, the evidence of Prime Minister Ranil Wickremasinghe would be conducted first.

The trial was fixed to be heard on July 17 to 28, 2017 consecutively.

Mr. Attanayake was indicted by the Attorney General on three counts, for committing offences under the Penal Code, International Political and Civil Rights Convention and Presidential Election Act.

Noise pollution: Arrest warrant on Uduwe Dhammaloka Thera

By Shehan Chamika Silva

An arrest warrant was issued on Ven. Uduwe Dhammaloka Thera as he was not present in court when a noise pollution case filed against him for the high level of noise emanating between 5.00 a.m. and 6.00 a.m. from the loudspeakers of the Alan Mathiniyaramaya Temple in Polhengoda was taken up for consideration.

A personal complaint (lawsuit) had 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.

When the case was taken up for consideration, thera was not present in court. Thera was said to have travelled abroad getting permission from the High Court on his other case which is under Public Property violation but had not obtained permission from Magistrate to travel abroad over this case.

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.

The case was put off for April 5.

Wimal Weerawansa's bail refused

By Shehan Chamika Silva

After considering the exceptional circumstances put forward by the defence, Colombo Fort Magistrate Lanka Jayaratne refused to grant bail on former minister and MP Wimal Weerawansa. 

The Magistrate further remanded him till April 3. 

Former minister Wimal Weerawansa was arrested by the FCID on the allegation 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. 

Earlier, second suspect, former DGM at SEC, Samantha Lokuhannadige who was arrested with Mr. Weerawansa, was released on bail by the Magistrate.

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.

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.

However, Mr. Weerawansa had also filed a revision bail application in Colombo High Court to revise the remand order given by the Fort Magistrate.

‘Bring the real culprits who killed Thajudeen before Justice’: ex SDIG says

Ex: SDIG makes own submission:

By Shehan Chamika Silva

Delivering his own submission, from the defence dock, former SDIG Anura Senanayake  requested the prosecution to arrest, without more delay, the real culprits who committed the murder of Wasim Thajudeen because the unjustifiable delay of the inquiry had violated his fundamental rights.

Former SDIG said it has been more than two years to the magisterial inquiry conducted by the CID in search of the real murderers of Wasim Thajudeen but no single true perpetrator being able to apprehend or identify into the incident yet.

He was on the view that in addition to charge of fabricating false evidence put forward against him, the prosecution had purposely included the ‘Conspiracy’ charges on him in expectation of  keep him in remand custody.

He further solicited the CID to do the investigation in appropriate way without being effected by political influence.

He was 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.

Thajudeen Murder: Aggrieved party questions the delay of arresting ex-JMO

By Shehan Chamika Silva

Questioning the current progress of the inquiry, Counsel Misbah Sathar who appeared for the aggrieved party said that his clients could not be pleased with the current progress of the investigation, because even having sufficient material evidence in court; former Chief JMO Ananda Samarasekara was not arrested and brought before justice by the CID yet.

The CID in response said that it required to consider certain legal grounds before doing a arrest as such.

Advising the Sri Lanka Medical Council’s lawyer to expedite the inquiry, Colombo Additional Magistrate Jeyaram Trotsky observed the importance of the internal inquiry conducted by the SLMC against former JMO, since there were two contradictory postmortem reports in court prepared by two experts in the medical field.

Meanwhile, the CID, filing a further report in court, informed that the crucial pages between May 10-22 in 2012 of the ‘Daily Duty Records Book’ relating to former President’s Security Officials had been removed suspiciously. Therefore, a broad investigation deployed into the alleged incident and few of security officials had been interrogated already over the matter, said the CID.

   

Deputy Solicitor General Dilan Ratnayake also said that he was informed that the analytical report of the DNA test report on the recovered 19 femur bone pieces and seven bone pieces of chest area at the SAITM laboratory would receive in three days time.

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 was on the view that -- 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.

However, first suspect, Sumith Perera was granted bail by the Colombo High Court earlier following a revision application filed on behalf of the suspect.

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 suspect, Anura Senanayake had already filed revision bail applications in the High Court, the Magistrate re-remanded the suspects till March 30.

Namal permitted to play football outside the country

Namal's Hellocorp Inquiry:

Namal permitted travel abroad to represent SL lawyers Football team

By Shehan Chamika Silva 

Colombo Additional Magistrate Jeyaram Trotsky temporarily lifted the travel ban imposed on MP Namal Rajapaksa till December 31, 2017, and permitted him to travel abroad.

The suspect requested to travel to Hanoi, Vietnam to represent Sri Lankan Lawyers Football team at the ASIA Lawyers Football Tournament to be held between March 23-26, 2017.

Earlier, a travel ban was imposed on him over the two cases filed under the Money Laundering Act against Namal Rajapaksa and five others for purchasing shares of a company called Hello Corp from ill-gotten funds.

According to prosecution, The Attorney General was expecting to file indictments in high court in due course on the all the 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.

Basil's 2.9 billion fraud case: Defence wants case be heard before different judge

By Shehan Chamika Silva

Observing the legal concept of right to fair trial, Colombo High Court today transferred the case, in which Basil Rajapaksa and three others were accused of a financial misappropriation of Rs 2,991 million during the distribution of roofing sheets through Divineguma Development Department, to adjudicate before a different High Court Judge.

When the case was taken up, Anil Silva PC who appeared for the defence moved that his client Basil Rajapaksa had earlier gone before Court of Appeal seeking a writ order to quash the appointment of judges to the presidential commission set by current president to inquire into the grievous financial frauds, where the sitting judge was a commissioner too. So he requested the court to transfer the case to be heard before a different Judge considering the right of the defence to have a fair trial.

Subsequently, High Court Judge Gihan Kulatunga transferred the case to number one court of the Colombo High court complex.

Attorney General had indicted the suspects on five counts on criminal misappropriation under the Penal Code.

Other suspects were Director General of the Divineguma Development Department, Kithsiri Ranawaka, Deputy Director General, Bandula Thilakasiri and Secretary of the Ministry of Economics, Nihal Jayathilaka.

The case will be taken into consideration on March 29.

Another indictment served on Basil Rajapaksa

By Shehan Chamika Silva

Colombo High Court today served indictment on former Minister Basil Rajapaksa over the case in which he was accused of misappropriating Rs. 29 million funds of Divineguma Department by printing five million almanacs during the last presidential election.

Subsequently, Colombo High Court Judge Gihan Kulathunga released the suspect on a cash bail of Rs. 100,000 with two sureties of Rs. 500,000 each. And also the accused was ordered to be finger printed.

Other suspect, former Director General of Divineguma Development Department, Kithsiri Ranawaka was earlier served with the indictment and currently on bail.

The Attorney General had indicted the suspects in High Court on five counts over criminal misappropriation under the Penal Code.

The High Court fixed the case for May 24 to decide the inception of the trial.

Avant Garde case: Defence submits Preliminary Objection in writing over maintainability of the inquiry

By Shehan Chamika Silva

Questioning the maintainability of the inquiry, the defence today submitted their written preliminary objection before court into 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 floating 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.

Subsequently, Colombo Chief Magistrate Lal Ranasinghe Bandara directed the prosecution to tender their counter objection on the matter within two weeks. The case was put off for May 29.

Earlier, raising an oral preliminary objection at the onset, Romesh de Silva PC moved that the prosecution had violated the law vested in Bribery Act (BA) when bringing 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.

According to the Senior State Counsel Janaka Bandara who argued against saying that unde 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 under 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.

Former SLRC chairman not ready to apologize, cases fixed for trial

By Shehan Chamika Silva 

Four cases filed against former Sri Lanka Rupavahini Corporation (SLRC) Chairman Ariyaratne Athugala, its former Additional Director General Devapriya Abeysinghe and G.D. Sugathapala for allegedly threatening and assaulting four SLRC employees in 2010, were today fixed for trial following parties informed no settlement.

When the four separate cases were taken up before Chief Magistrate Lal Ranasinghe Bandara, Counsel Gunaratne Wanninayake who appeared for complainants moved that his clients are prepared to compound the matter if the suspects apologize from his clients in open court.

However, counsel appeared for the defence confirmed that his clients are not expecting to apologize from the complainants but instead would go for a trial without any settlement.

The Magistrate subsequently fixed the trial of cases for May 17.

Four complainants Kanchana Marasinghe, Herbert Kumara Alagiyawanna, Ravi Abeywickrema and Gamini Pushpakumara alleged that they were threatened and assaulted by the suspects when they requested  them to be complied  with the Elections Commissioner's guidelines in line with the Supreme Court order over telecasting of election related programmes during the 2010 Presidential Election.

The complainants alleged that the former SLRC Chairman had reprimanded them in filthy language claiming that the President and he would not care about Supreme Court orders and no one needs to teach him about Media.

White van abductions: Navy officer further 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 March 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 occurred and alleged to have aided to conceal the vehicle used in abductions.

The CID informed court that they were expecting to record statements from four Navy officials attached to the Welisara Navy Camp.

They also sought Court permission to interrogate former SDIG Anura Senanayake into the incident.

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

Earlier, the prosecution said that two more suspects expected to be arrested over the incident and they are former intelligence officials of Navy, Dayananda Nanayakkara and Ananda Guruge.

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 was conducted by then Sub Inspector of the Colombo Crime Division (CCD), Wijeysinghe.

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.

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

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.

Trial continues into nine bribery cases filed against Sarana

By Shehan Chamika Silva

Continuation of the trial pertaining to nine cases filed against former Chairman of Development Lottery Board, Sarana Gupta Gunawardena on the charges of allegedly misappropriating public funds when obtaining vehicles on rent for the National Lotteries Board, while he was serving as the Chairman of the Board, were fixed for June 1, 20 and 28 by Colombo Additional Magistrate Aruni attigalle.

Following the conclusion of delivering the evidence by the witness number one of the prosecution, the Court summoned witness number two to appear in court on next dates.

The Bribery Commission charged the suspect on 30 counts for all nine cases under section 70, "corruption", of the Bribery Act.

HC serves indictments on Basil

By Shehan Chamika Silva 

Colombo High Court today served indictments on former Minister Basil Rajapaksa and Director General Divineguma Development Department Kithsiri Ranawaka, over the case in which they were accused of alleged misappropriation of Rs. 36.5 million during the distribution GI pipes to the local authorities during the last presidential election.

Subsequently, Colombo High Court Judge Manilal Waidyathilake released them on a cash bail of Rs. 2 million with three sureties of Rs. 10 million each for both the accused.

The accused were ordered to be finger printed and directed to report every last Sunday at the FCID.
The Court also allowed the defence to deposit cash bails and sureties on March 29.

The FCID had earlier conducted an inquiry at the Kaduwela Magistrate over the allegations which they put forward based on the violation of the Public Property Act.

Later, the Attorney General filed indictments against the suspects in Colombo High Court over the misappropriation on three counts. 

Abducted SLIIT student gives evidence against ex-DIG Vass in court

By Shehan Chamika Silva

The student of Sri Lanka Institute of Information Technology (SLIIT) Nipuna Ramanayake, who was allegedly abducted and assaulted in 2009 by former DIG Vass Gunawardena and seven others, today delivered his evidence before Colombo High Court over the incident.

In his evidence, victim revealed the alleged involvement of the former DIG, his son and wife in assaulting and abducting him based on a personal dispute taken place between victim and former DIG's son, Ravindhu Gunawardena at the SLIIT.

Colombo High Court Judge today fixed the continuation of the trial for tomorrow.

DSG Shanil Kularatne conducted prosecution on behalf of the Attorney General.

Attorney General earlier indicted on eight suspects over the alleged incident.

However, former DIG and his son were on the death row over killing of businessman, Shiyam.

Court allows Aksha Sudari to travel abroad amidst Indian's defrauding case

By Shehan Chamika Silva

Colombo Additional Magistrate Jeyaram Trotsky today permitted actress Aksha Sudari, who was accused of allegedly defrauding an Indian businessman to the tune of 142 million to travel abroad.

The CID had earlier told court that the extracts pertaining to the case had been sent to the Attorney General for his opinion.

In May 2015, businessman Gopiraj Kavalangil Vadakkepatt had in a complaint to the CID said Ms. Sudarai had defrauded him in a business transaction.

The case was put off for June 29.

Neville Wanniarachchi's five bribery cases fixed for written submissions

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 April 25 to file written objections for the both defence and prosecution by Colombo Additional Magistrate Aruni Attigalle.

On an earlier occasion, the defence had submitted their preliminary objections over the allegation and in response the Commission yesterday filed counter objections to it, thereby; the Court fixed to consider both parties' objections in writing on the next date.

Wanniarachchi was accused of not declaring his assets and liabilities from 2010 to 2014 while he was a major in the army.

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 five consecutive years. 

Wimal Weerawansa demands legal action against FCID

Makes submissions in court without a lawyer

By Shehan Chamika Silva

Former Minister and Opposition MP Wimal Weerawansa, who was accused of misusing state vehicles, today delivering a submission without a lawyer, from the Defence Dock, requested the court to take legal actions against FCID officials who violated the Public Property Act and misguided the Court during the inquiry conducted against him.

In his submission Mr. Weerawansa told court that according to section 8 (1) of the Public Property Act, if the misuse of the public property is above Rs. 25,000, the prosecution required a certificate authorized by an ASP.

The so called certificate should be in court when a suspect being produced or surrendered in court.

But, Mr. Weerawansa alleged that the FCID in its first B report filed over the inquiry had attached the certificate of the ASP prior to him being named as a suspect for the allegations or arrested violating the Act.

He ascertained that the entire inquiry was conducted by the FCID to keep him in remand on the instructions of the Prime Minister based on the apparent political vengeance.

Mr. Weerawansa also, questioning the prosecution’s contradictory actions during the inquiry, particularly highlighted the unambiguous involvement of former chairman of the State Engineering Corporation (SEC), Ashu Marasinghe, who is a National List MP for United National Party, and former deputy minister of Construction and Housing, Lasantha Alagiyawanna over the same allegations.

He said the FCID had not taken any further legal actions against them since those individuals were currently servants and associates of the new government.

He also told court that when he was serving as the Minister of Construction and Housing, had only instructed his ministerial officials to follow the standards, that previous Minister, Rajitha Senanayake had used over the allocating state vehicles to various requirements.

Mr. Weerawansa also informed the Magistrate over the difficulties he faces at the remand prison as he was given only two empty buckets by the prison for his sanitary facilities.

In conclusion, he requested the court to grant him bail considering on the fact that he is a member of the Legislature as an exceptional circumstance, since a new constitution is being prepared and the inequality occurred during the investigation.

However, Fort Magistrate Lanka Jayaratne observing the suspect’s request said that the Magistrate’s court has no power in law to direct the prison authority to provide facilities to a certain individual but can only advise for their attention.

The Magistrate further remanding the suspect till March 20, considered to deliver a court order on suspect’s bail request on the same date.

Former minister Wimal Weerawansa and another 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.

Other suspect, Samantha Lokuhennadige, was the former Deputy General Manager of the National Engineering Corporation and he was later released on bail by the Court.

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.

Mr. Weerwansa had also filed a revision bail application in Colombo High Court seeking bail.

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.

Indo-lanka kidney racket: Suspended imprisonment on another suspect who pleaded guilty

By Shehan Chamika Silva

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

Suspect, Isthiyan Khan 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.

On the earlier occassion, two suspects, Ragavendra Uppara and Theppala Viki Raja had pleaded guilty to the same charges.

However, other two suspects Yadalapaari Vamis Krishna and Dogipathi Shri Niwas informed court that they expect to plead guilty on thr next date, thereby the Magistrate remanded them till March 8 and 15 respectively.

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.

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.

Thajudeen Murder: CID probes into ex-SDIG’s phone conversations

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told court that another suspicious phone number used by former SDIG Anura Senanayake to contact Presidential Secretariat during the time period that Wasim Thajudeen's death had occurred was recovered by the CID recently.

He said a broad investigation is being conducted by the prosecution through the suspicious phone number.

Filing a further report in court, the prosecution sought court permission to check credit card bill details of late Wasim thajudeen from 15 financial institutions during the time period of May 16 -17 in 2012.

The prosecution also informed court that the investigation relating to the suspicious transactions of eight individuals since 2012 was being continued following the court order obtained earlier to peruse details of 15 financial institutes.

Counsel, who appeared for the Sri Lanka Medical Council told court that the extracts of the internal inquiry, which conducted against former chief JMO Ananda Samarasekara and two others over the alleged irregularities occurred during the first autopsy of Thajudeen, had been sent to the CID.
 
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.

However, first suspect, Sumith Perera was granted bail by the Colombo High Court earlier following a revision application filed on behalf of the suspect.

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 suspect, Anura Senanayake had already filed revision bail applications in the High Court, Colombo Additional Magistrate Jeyaram Trotsky re-remanded the suspects till March 16 while the first suspect was ordered to appear in court on April 27.