Thursday, 6 April 2017

Wimal Weerawansa released on bail



By Shehan Chamika Silva

MP Wimal Weerawansa who was in remand for misusing 40 state vehicles belonging to the National Engineering Corporation (NEC) and causing Rs. 90 million financial loss to the state during 2011-2014, was released on bail over exceptional circumstances by Colombo Fort Magistrate Lanka Jayaratne today.

He was released on a cash bail of Rs. 50,000 with two sureties of 500,000 each. And the magistrate imposed a travel ban on him.

The Magistrate considered the unpredictable time period that the suspect could be in remand custody over the inquiry, the possible delay of the inquiry, and the health condition of the suspect’s daughter as she was in depressive disorder due to her father in remand as exceptional circumstances to grant bail.

Earlier, the Magistrate refused to grant bail on the health condition of suspect’s daughter since the defence had not submitted sufficient medical reports to support and explain her medical condition. However, on the earlier occasion the defence filed comprehensive medical reports which explained the health condition of the daughter, and thereby the magistrate considered the situation as an extra ordinary to the suspect.

Conversely, the Magistrate rejected other legal provisions put forward as exceptional circumstances by the defence earlier and held that the prosecution has leveled the charges appropriately according to the Penal Code and the Public Property Act.

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.

The case was postponed for June 19.

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