Thursday, 27 September 2018

Bond Inquiry: WM Mendis & Co’s lawyers level serious allegations against CID and AG's dept


In these recorded statements the three individuals had stated that they were asked to give false statements to the CID by their lawyer

ASG Kodagoda to respond on allegations in next hearing 


By Shehan Chamika Silva

During yesterday's Magisterial inquiry conducted into the controversial bond scam, serious allegations had been leveled against the Attorney General's Department and the Criminal Investigation Department by the defense counsel, over the alleged recording of statements from three individuals of W.M. Mendis & Company by force.

In these recorded statements the three individuals had stated that they were asked to give false statements to the CID by their lawyer.

The allegation against two senior officers of the AG’s Department was that they had summoned this particular lawyer and asked to provide some documents of WM Mendis & Company to prevent taking action against him, based on those statements in which he was accused of instructing his client to give false evidence to the CID.

At the onset of the inquiry, it was explained in court about several incidents alleged to have taken place during the last few weeks.

According to the defense counsel, there were three employees of WM Mendis & Company who had initially given statements to the CID.

These three employees had been called again to the CID to record further statements during last August.

In these statements, in a confessional manner, the employees had said that they were instructed to give false statements to the CID by their lawyer (Mr. Chandana Perera).

However, President's Counsel Upul Jayasuriya who appeared yesterday on behalf of these three employees informed the court that his clients were intimidated by the CID from time to time, threatening to remand them if they did not give statements favouring the prosecution.

PC Jayasuriya also leveled allegations against the CID regarding the manner in which some officers had forcibly recorded statements from his clients, which is legally wrong.

He informed the court that his clients are no longer willing to give statements to the CID at the department, but would be ready to do it in the court premises.

President's Counsel Wasantha Navaratne Bandara appeared on behalf of Mr. Chandana Perera (Attorney-at-law of three WM Mendis & Company employees).

PC Bandara said following the alleged forcible recording of statements from those three employees by the CID, their lawyer Chandana Perera had been summoned to the Attorney General's Department by two senior officials of the AG's department, where they informed him of his clients' recent statements, accusing him of instructing to give false evidence.

PC Bandara also informed Court that Mr. Chandana Bandara was then allegedly threatened by the two officials of the AG's Department that his cloak can be removed if the CID files action against him over the incident that he instructed his clients to give false statements.

PC Bandara also said that in compromise to that and to prevent taking legal action against him, the two AG'S Department officials had asked Mr. Chandana Perera to bring the relevant cheques relating to WM Mendis & Company (as evidence) to the prosecution and to accept that they knew about the abbreviations of Ravi K, RW and NR.

PC was of the view that the Attorney General can only exercise powers vested on him by law, hence, such a demand would be an unlawful effort by the prosecution.

It was said that the counsel had already lodged complaints regarding this matter and sent copies and the affidavits to the Attorney General as well.

However, Senior Additional Solicitor General Yasantha Kodagoda completely rejected the allegations put forward against the Attorney General's Department and sought copies of the complaints and the affidavits of the individuals who are complaining in this regard, to peruse and respond to the allegations at the next court hearing.

Meanwhile, Perpetual Treasuries Ltd. owner Arjun Aloysius and its CEO Kasun Palisena were also ordered to be re-remanded till October 11 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.

Perpetual Treasuries Ltd. de-facto owner Arjun Aloysius and its CEO Kasun Palisena were also re-remanded by the Fort Magistrate till October 11 over the parallel magisterial inquiry conducted relating to the Bond scam on deleting phone call data from Perpetual Treasuries Ltd. voice recording system and fabricating evidence to the Bond Commission.

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