Thursday, 10 May 2018

Court orders W.M. Mendis & Company CEO for finance details




-PC Kalinga Indatissa observes unfeasibility of bringing down Mahendran under Extradition Law

-Defense files written submissions over PTL representation and legality over requiring assets reports from suspects

-Aloysius and Palisena were re-remanded till May 24

By Shehan Chamika Silva

In the wake of prosecution’s allegation on suspicious money transactions that transpired from Perpetual Treasuries Ltd to one of its group companies, W M. Mendis & Company, the Court today directed Chief Executive Officer of W M. Mendis & Company to furnish a comprehensive report on its finances to the Prosecution.

Fort Magistrate Lanka Jayaratne made this direction based on the request of the prosecution so as to investigate the matter further.

The Prosecution sought the details in form of a report (not a form of a declaration) which is for the sole purpose of the investigation.

In the meantime, the Defense filed their written objections on two matters that occurred earlier as to whether Perpetual Treasuries Ltd should send an independent representative on its behalf for the inquiry instead of allowing either Kasun Palisena (CEO and the 4th suspect) or Arjun Aloysius (de facto owner and 2nd suspect) to appear for the Company which is also the 3rd suspect of the inquiry as well.

The defense also objected to the legality and compliance of the earlier court direction given to the PTL and the two suspects (Aloysius and Palisena) to provide a comprehensive list of their assets in the form of a report to the prosecution.

Subsequently, the Prosecution was also allowed to submit their counter objections in written form on the next day by the Court so as to deliver an appropriate order on the matters concerned.

Meanwhile during the proceedings, President's Counsel Kalinga Indatissa who appeared for the suspects, in a neutral observation, said it was not possible to apply extradition law with regard to former CBSL governor Arjuna Mahendran since that law is only related with convicts and not with suspects.

He observed this when the prosecution contemplated on the possibility of extraditing former CBSL governor Arjuna Mahendran based on Extradition law. He further said that there are other legal mechanisms which can be used by the prosecution since the matter is quite complicated than one would think.

Perpetual Treasuries Ltd owner Arjun Aloysius and its CEO Kasun Palisena were ordered to be re-remanded till May 24 by the magistrate over the magisterial inquiry in which they were accused of abetting and conspiring with Arjuna Mahendran to misappropriate public funds worth Rs. 688 million during the Bond auction held on February 27, 2015.

State Counsel Udara Karunathilake appeared for the state while PC Kalinga Indatissa and Counsel Jeewantha Jayathilake appeared for the suspects.

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