Arjun Aloysius re-remanded, his father Geoffrey Aloysius noticed

-Prosecution eyeing on more wrong doing committed by the suspects 

-10,000 cheques are being perused over PTL's alleged money trading: SDSG Jayasundara 

-Palisena, Aloysius re-remanded till July 5 

By Shehan Chamika Silva


Fort Magistrate Lanka Jayaratne today issued a notice on Geoffrey Aloysius (father of Arjun Aloysius), who is the chairman of Perpetual Treasuries Ltd (PTL), to appear before the court on next date to show cause its failure to fulfill the previous court order which directed it to provide a comprehensive declaration with regard to the direct and indirect assets of PTL through an auditor.

Senior Deputy Solicitor General Haripriya Jayasundara appearing for the CID said that PTL as the third suspect of the magisterial inquiry had failed to comply with the court order given on June 7, 2018.

The defence moved to consider the difficulties that are being confronted by the company in employing an auditor in order to prepare such a report on its assests.

When questioned by the Court, it was revealed that there was no representation for the PTL yet in the inquiry and consequently the magistrate directed to issue a notice on PTL's chairman to appear before the court.

However, the Magistrate also considered granting an opportunity for PTL to request for any documents in the custody of the prosecution in the course of preparing such a asset declaration because the CID had already, during a search warrant, had acquired documents belonging to PTL.

Responding to the failure to provide asset reports of other two susects, President's Counsel Anil Silva who appeared for Arjun Aloysius requested further time to respond in that regard as he was the new legal appearnce for the suspect.

President's Counse Kalinga Indatissa who appeared on behalf of Kasun Palisena said that his client is ready to comply as far as possible with the required details of his assests despite the difficulties he faces being in remand custody.

Magistrate Jayaratne, advised the both counsel to provide the required details in due course without further unnecessary delay.

SDSG Jayasundara also sought the court to issue an order against PTL over its failure to provide required details of its all direct and indirect payments made to the third party individuals and institutions, to the CID so as to use them for the forensic audit which is being conducted by the Central Bank at the moment.

However, contemplating the possibility of questioning about the failure directly from Geoffrey Aloysius, the magistrate suggested to consider it after he appears in court on next date.
SDSG Jayasundara also eloborated about acquiring some essential data (swift message copies) stored in PTL's server (computer system).

She said when the investigators attempted to enter into the server with the assistance of an employee of PTL, who was said to have had the user name and password of the system was unable to enter the computer system.

SDSG said that it was found that there was another password protected stage at the entrance of the system.

However, it was revealed that former IT head of PTL Sachith Devathantri who gave evidence at the bond commission against the PTL was aware of that password to enter the system, therefore, acceding the prosecution's request the Magistrate, issued an order on Devathantri and PTL's chairman to assist the CID to acquire required details from the server in the presence of legal representation if necessary.

Meanwhile, at the end of the inquiry, president's counsel Kalinga Indatissa questioned the prosecution on their current progress of the investigation during the last two weeks as the further reports filed recently were nothing to do with the main inquiry.

SDSG Jayasundara responding said that it was a complex and broad inveatigation where the prosecution is eyeing on other potential wrong doings commited by the suspects under the Registered Stock and Securities Ordinance as well.

She explained that the prosecution is also perusing over 10, 000 cheques in expectation of uncovering the PTL's money trading patterns, which is not an easy task by any means.

She also during her submission said that the CID had recorded another statement from a person called Amal Ravindranath, who also confirms the earlier revelation of Rs. 3 million worth cheques received by a Parliamentarian (Sujeewa Senasinghe) from WM Mendis & Companies.

However, the Magistrate considering all the facts of the both parties directed the prosecution to expedite the inquiry as far as possible and re-remanded two suapects, Arjun Aloysius and Kasun Palisena till July 5, 2018.

CA cannot lawfully grant bail on Aloysius, Palisena: ASG Kodagoda

By Shehan Chamika Silva

Additional Solicitor General Yasantha Kodagoda today challenged that it was not lawfully possible for the Court of Appeal to grant bail on Arjun Aloysius and Kasun Palisena due to the manner in which the revision bail application was filed did not invoke appellate jurisdiction of the court.

Apprising the Court, ASG Kodagoda elucidated that initially the Fort Magistrate had refused to grant bail on the suspects (petitioners) on February 16, 2018 during the magisterial inquiry and thereafter, the suspects went to the High Court seeking to revise the magistrate’s order, however, the High Court also refused to entertain the matter on March 9, 2018.

In that backdrop, the petitioners had filed a revision bail application in the Court Appeal and sought to grant bail on Aloysius and Palisena quashing the High Court and Magistrate’s order.

ASG Kodagoda said that it is not possible for the petitioners to get such remedy due to the way in which they had sought those remedies in the revision application.

He said, “firstly the petitioner should have mentioned the exceptional circumstances as to why he could not invoke the appellate jurisdiction, which was available to the petitioner as of right and secondly they should have mentioned the exceptional circumstances that warrants to exercise this extraordinary remedy of rectify the High Court’s order, and thirdly they should have cited exceptional circumstances over the impugned High Court Judge’s exercise”.

In the question of granting bail, according to the ASG, there was a right of appeal under the section 404 of the Criminal Procedure Code for the petitioners, where the Court Appeal can exercise its jurisdiction on granting bail, and the petitioners failed to invoke that in their revision application.

“For the Court of appeal to consider bail under the Section 404, the petitioners could have directly come to the Court after the Magistrate refused to grant bail”, said ASG Kodagoda.

According to the ASG, the maximum the petitioner can lawfully expect is the quashing of that refusal, which would send this mater to the High Court and then that revision application will get activated.

ASG Kodagoda also went onto establish the inter-dependence of the allegations leveled against Arjuna Mahendran, Arjun Aloysius and Kasun Palisena as they have an allegation of abetting to commit each others’ offences which come under both the Public Property Act and the Registered Stock and Securities Ordinance.

ASG Kodagoda’s further submissions will resume on July 4, 2018 before the Court of Appeal Bench comprising Justice Shiran Gunaratne and Prithi Padman Surasena (President).

In the meantime, at the end of the inquiry, when the court was deciding on the next date, President’s Counsel Gamini Marapana who appeared for the suspects moved that they could file further submissions in written form to avoid the delay. 

While saying that he in a sarcastic manner told the ASG “as you have now made submissions to the press”.

At this moment, ASG Kodagoda replied saying “I’m not interested in the press

This is really the most uncalled for and surely for a person in your seniority. And I would say that is a most unacceptable comment”.

However, Mr. Marapana asked again whether submissions could be delivered in a written form and ASG Kodagoda said, ‘no concessions, I’m addressing the court’