Magistrate orders immediate arrest of MD who sexually assaulted female employee

 By Shehan Chamika Silva

Rejecting the anticipatory bail application filed into the case, in which a female investment consultant of a leading stocks broking company had been sexually assaulted by its Managing Director, Colombo Additional Magistrate Nishantha Peiris today ordered the police to arrest the suspect immediately and produce before court.

Upon the complaint received from the victim woman, the police had conducted an investigation and subsequently filed a B report informing the court over the alleged suspect as Kosala Udayanga Dhodampe Gamage.

However, prior to the police filing a B report in court, the suspect had filed an anticipatory bail application in Colombo Chief Magistrate's Court in expectation of prevent him being arrested by the police over the incident.

Both Anticipatory Bail Application and Magisterial inquiry into the B report were taken up for the consideration before Colombo Additional Magistrate Nishantha Peiris.

The Magistrate delivering a 79 pages order on the anticipatory bail application, observed that there were no grounds to concern as the allegation was just a mere move of the victim.

He observed if the suspect is concerning over tarnishing his reputation by the victim, the suspect has a legal provision to file a ‘dialect law suit’ in District Court demanding remedies to the incident.

Further, The Magistrate considered that the rights of the suspect were not violated when the victim had lodge a complaint with police seeking an inquiry over the incident.

According to the aggrieved party counsel, Susantha Kumara and Kosala Jayakody, the victim woman was earlier demanded to have a sexual relationship with him by the suspect and following the refusal of the victim on that demand the suspect had assaulted her sexually at the stair cases of the office, where the CCTV cameras were not operating.

However, the counsel appeared for the suspect told earlier court that the allegation was completely a haphazard as the victim woman was suspended by his client prior to this incident over an inquiry into the finacial fraud at company.

The police in the B report had stated that the suspect had allegedly committed an offence fell under section 345 (Sexual harassment) of the penal code.

Ast. principal remanded over soliciting bribe for school admission

By Shehan Chamika Silva

A former assistant Principal, who had solicited a bribe of Rs. 35,000 for the admission of a student in Nugawala Primary School in Kandy, was ordered to be remanded till September 26 by Colombo Chief Magistrate Gihan Pilapitiya.

The Bribery Commission had arrested the suspect deploying a decoy while accepting a bribe of Rs. 15,000.

The Commission said the suspect had earlier obtained Rs. 20,000 from the parents of the child in order to grant the admission into the school.

FCID probes over irregularities at National Blood Transfusion Service

By Shehan Chamika Silva

The FCID informed court that it had initiated a broad investigation against former Deputy Director General of Health Services over misusing state funds at National Blood Transfusion Service.

Filing a B report in Colombo Chief Magistrate's Court, the FCID informed that it had commenced the investigation upon a complaint received by an anonymous complainant in August 2015.

The prosecution stated in the B report that they were conducting the investigation over the alleged financial irregularities taken place in 2013, while purchasing high technological equipment and constructing buildings to the National Blood Transfusion Service under a foreign project, which was collaborated with Netherland.

The FCID further said they were conducting a sensitive inquiry over the fraud allegations against DDG of Health Services, Ananda Gunasekara, who was the chief of the so-called Netherland Project.

The prosecution had also informed that it had recorded statement from the current director of the Netherland project of the Blood Transfusion Service in to the inquiry.

Aluthgamage remanded over money laundering charges

By Shehan Chamika Silva

Former Minister Mahindananda Aluthgamage who was arrested by the CID over money laundering charges in connection with the purchase of a property worth Rs. 27 million in Colombo 7, was ordered to be remanded till September 22 by Colombo Additional Magistrate Nishantha Peiris.

On a complaint received from JVP councilor Wasantha Samarasinghe, the CID initiated a broad investigation on the alleged illegal acquisitions of the suspect and they had conducted an inquiry into six alleged purchases of properties by the suspect.

The prosecution alleged that the suspect was arrested over the purchase of a property located on Kynsey Road, Colombo 7.

The suspect had used the money from his bank account at Bank of Ceylon Parliament branch to purchase the Rs. 27 million worth property on February 26, 2013.

The CID told court the money had been derived from illegal acquisitions to the so-called bank account in 2013 through three cheques deposited by Douglas Kahawage (a person attached to the liberal labour Congress Sri Lanka), Siril Jayasinghe (government Contractor) and Wasantha Rajapaksa (suspect's driver).

Filing a B report in court, the prosecution also informed court according to the complaint, the CID was conducting a broad investigation over the alleged properties belonging to the suspect in abroad as well.

The CID filed charges against the suspect under section 389 of the penal code and sections 3 and 4 of the Money Laundering Act.

Appearing on behalf of the suspect, Kalinga Indatissa PC told court that according to the section 14 of the Bail Act, there was no ground to refuse bail for his client, because neither the suspect had interfered with the witnesses at any time during the inquiry nor he had hampered the investigation.

He requested bail on the basis that there were more than 150 statements recorded from the witnesses and the suspect had also provided statements every time the prosecution had summoned him.

Before delivering the order the Magistrate considered the both the Defence Counsel's submission and the B report filed by the prosecution in Court.

The Magistrate Peiris observed the Constitution, precedents, section 115 (Procedure when investigation cannot be completed in twenty-four hours) of the Criminal Procedure Code and section 14(1) a (2) (obstruct the course of justice) of the Bail Act before remanding the suspect.

Instructing the prosecution to expedite the investigation, the magistrate said, even though a magistrate has a judicial power to remand the suspect for a 15 days period on such cases according to law, the suspect would be remanded for a seven days period. He also instructed the prosecution to expedite the investigation.

Fake IGP re-remanded

By Shehan Chamika Silva

A man, who was arrested by the CID over impersonating the IGP on Facebook deceiving women to obtain various unlawful advantages, was remanded till September 19 by Colombo Additional Magistrate Nishantha Peiris.

On a complaint received from a woman, the CID conducted an investigation to apprehend the suspect and arrested at BIA on arrival to the country from New Zealand.

According to the complainant the alleged suspect, Madushan Weerasekara, had deceived her impersonating as IGP on FB.

The CID told court that the mobile phone recovered in the possession of the suspect was expected to be handed over to the Colombo University for further investigations.

Four CAA officers who solicited bribe at Mahara court premises remanded

By Shehan Chamika Silva

Four investigation officers attached to the Gampaha Consumer Affairs Authority were ordered to be remanded till September 19 by Colombo Additional Magistrate Nishantha Peiris for allegedly soliciting a bribe of Rs.125, 000 from a businessman at the Mahara Magistrate's Court premises.

The Bribery Commission alleged that the suspects had demanded the bribe on the undertaking that no legal action would be taken against a Polythene Factory, in which the products were not properly labelled before releasing to the market.

The Commission told court the incident was recorded in a CCTV camera located at Mahara Magistrate's Court premises and expecting to obtain footage in the camera soon to conclude the investigation.

The suspects were Sumith Nishantha, Harshana Kumara, Lasantha Rajapaksa and Charunda Prasad.

Former JMO's anticipatory bail application rejected

By Shehan Chamika Silva

The anticipatory bail application filed by Colombo's former chief judicial medical officer Ananda Samarasekera seeking bail in expectation of being arrested over alleged missing body parts of the late Wasim Thajudeen, was rejected by Colombo Additional Magistrate Dulani Amarasinghe.

Delivering an eight page order, the magistrate considered the possible impediments or influences that could effect the investigation on the murder of Wasim Thajudeen and missing body parts of the victim.

On anearlier occasion, raising a preliminary objection, Deputy Solicitor General Dilan Ratnayake revealed in court that, according to statements recorded from a few witnesses, the former chief JMO Ananda Samarasekara had dispatched body parts of Wasim Thajudeen from the refrigerator a few days prior to his retirement.

DSG informed that the CID had begun an investigation concerning the missing body parts under the Public Property Act -- because the body parts had earlier been taken into the former JMO's custody as case productions and, therefore, they belonged to the state.

In the application, the complainant, Dr Ananda Samarasekara had cited the respondent as OIC of the Crime Investigation Department.

An anticipatory bail application can be filed by an individual seeking bail in anticipation or in expectation of being named or arrested of having committed a non-bailable offense.

He had also earlier filed a fundamental Rights petition in Supreme Court against the imminent infringement of his fundamental rights in relation to the ongoing investigation into the death of late Wasim Thajudeen.

Chanuka Ratwatte, 4 others remanded over Rs. 4.2 bn misuse of govt. funds

By Shehan Chamika Silva

Anurudda Ratwatte's son, Chanuka Ratwatte and four others, who were arrested by the FCID in connection with an alleged misappropriation of Rs. 4.2 billion government funds, were ordered to be remanded till September 28 by the Colombo Fort Magistrate Lanka Jayaratne.

The prosecution alleged that the suspects had misused the funds belonging to the four departments of the Central Bank and the Employees Provident Funds at the CEB while investing those funds in the Government Securities through an alleged company named as 'Entrust Securities PLC', which is headed by the suspects.

The Central Bank took over Entrust Securities PLC this January and handed it over to the National Savings Bank as the management agent, to restructure the troubled primary dealer.

The Central Bank however did not directly admit uncovering of any fraudulent activities by the company/top management but said it was taken over to ensure the credibility of the government securities market.

The FCID said the suspects were member of the alleged company, which was registered under the Central Bank as a primary sales broking company to invest in securities and bonds.

They told court that the government funds were never invested in the securities, but it was revealed that some funds were transferred into the Entrust Ltd causing a huge financial lost to the government.

The suspects were charged under the section 5(3) and 8(3) of the Public Property Act and section 386 of the Penal Code over criminal breach of trust and misappropriation.

Suspects were Dharmapriya Bandara Dasanayake (Chairman of the Entrust Securities PLC), Chanuka Ratwatte (Managing Director), Romesha Dushanthi Senarath Executive Director), Sanjeewa Dayaratne (Director) and Niloshan Romelo Mendis (Director).

Upon a complaint received from the Central Bank, the FCID conducted the investigation over the allegations.

Managing Director suspected over sexually assaulting female employee

By Shehan Chamika Silva

Bambalapitiya Police informed court about an alleged incident where a female Investment Consultant of a leading Stock Broking Company had been sexually assaulted by its Managing Director.

Upon the complaint received from the victimised woman, the police had conducted an investigation and subsequently filed a 'B' report informing the court over the alleged suspect as Kosala Udayanga Dhodampe Gamage.

However, prior to the police filing a 'B' report in court, the suspect had filed an anticipatory bail application to the Colombo Chief Magistrate's Court not to be arrested by the police over the incident.

Both the anticipatory bail application and the Magisterial Inquiry into the 'B' report were taken up yesterday before the Colombo Additional Magistrate Nishantha Peiris.

Considering the applications submitted by the prosecution, aggrieved party Counsel Kosala Jayakody/Susantha Kumara and the counsel who appeared for the suspect, the Magistrate ordered the parties to tender their stance to court in writing before September 13 and fixed the order on anticipatory bail application on September 20.

According to the aggrieved party counsel, Susantha Kumara and Kosala Jayakody, the victim, woman had earlier refused to have a sexual relationship with him and following the refusal of the victim on that demand the suspect had assaulted her sexually at the stair case of the office, where the CCTV cameras were not operating.

However, the counsel who appeared for the suspect told court that the allegation was completely haphazard as the victim woman was suspended by his client prior to this incident over an inquiry into the financial fraud at the company.

The police in the 'B' report had stated that the suspect had allegedly committed an offence that fell under section 345 of the penal code.

No plans to build Coal Power Plant in Sampur: DSG

By Shehan Chamika Siva

The Ministry of Power and Renewable Energy had decided not to go ahead with the construction of the Sampur Coal Power Plant (CPP), Deputy Solicitor General Sanjaya Rajaratnam informed Court.

On this basis the SC concluded the proceedings of the Fundamental Rights petition filed by the Environmental Foundation Ltd against the construction of the proposed Sampur Coal Power Plant.

The DSG told Court that Ministry Secratary Amaranath Batagoda had informed the AG that the Ministry would not go ahead with the building of the coal power plant in Sampur as earlier planned.

The petition was taken up for support by a SC Bench comprising Chief Justice K. Sripavan and Justice Prasanna Jayawardena.

The petitioner had cited 14 respondents.