Makes submissions in court without a lawyer
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.
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