Tuesday, 27 September 2016

Aluthgamage released on bail over money laundering and corruption cases



By Shehan Chamika Silva

Mahindananda Aluthgamage who was in remand custody over money laundering charges over purchasing a property worth Rs. 27 Million in Colombo 7, was today released on bail by Colombo Chief Magistrate Gihan Pilapitiya.

He was released on cash bail of Rs. 50,000 with four sureties of Rs. 10 million each.

On a complaint received from JVP councilor Wasantha Samarasinghe, the CID had initiated a broad investigation on six alleged purchases of properties by the suspect over the first case on money laundering charges.

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

The suspect had used 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 acquisition 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 that the CID was conducting a broad investigation over the alleged properties belonging to the suspect in abroad as well.

The CID also informed that they were investigating into the irregularities taken place in Sports Ministry over 51 constructions and the money derived to him from alleged contractors when the suspect was serving as the Sports Minister.

The prosecution said that there was a property in London belonging to the suspect which was purchased from the money (Rs. 25 million) given to him by his brother in Japan, but the so-called transactions were not yet found during the investigation.

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

Meanwhile, former minister and one other, who were noticed to appear in Court over a case filed by the Bribery commission in connection with a Rs. 53 million misappropriation taken place while importing and distributing sports equipment to schools and sports clubs in 2014, were also released on bail today.

Chief Magistrate released them over that case on a cash bail of Rs. 100,000 with two sureties of Rs. 5 million each for every suspect.

The case was filed by the bribery commission over corruption charges under the section 70 of the Bribery Act.

The prosecution alleged that the suspects had committed the offence while importing and distributing 14,000 Carom Boards and 11,000 checker boards.

Tax exemption on Beer Company: Ravi K, 13 others noticed to appear in court



By Shehan Chamika Silva

Court of Appeal today issued notices to Finance Minister Ravi Karunanayake and thirteen others to appear in court on October 12 pursuant to a writ petition filed by Ven. Agulugalle Jinananda Thera against the decision of the Finance Ministry to exempt customs levies on a Beer Company in Biyagama.

The petitioners stated in the petition that a special decision had been taken by the Finance Ministry to waive-off customs taxes to a company known as Lion Brewery Plc for a period of four months whereby causing a Rs. 6 billion financial lost to the State.

The petitioners seek a writ order from the court to against the ministry’s decision of exempt of customs levies from the beer company.

Ven. Ginanada Thera and five others cited Finance Minister, Secretary of Finance Ministry, Director General of Customs and eleven others as respondents.

The petition came before the Bench comprising Justice Vijith Malalgoda (president) and Justice Prithi Pathman Soorasena.

Monday, 26 September 2016

$14 mn MIG aircrafts deal: FCID seeks Intl. warrant on Udayanga Weeratunga

By Shehan Chamika Silva
The FCID, for the second time, today requested court to issue an arrest warrant through Interpol on one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga over the inquiry conducted into the huge financial loss caused to the Government in the purchase of Ukraine-built MIG-27 aircrafts in 2006.
In a report submitted to the court, the Foreign Ministry had informed that according to the Ukrainian Foreign Ministry; Mr. Weeratunga was not currently residing at the given address in Ukrain therefore the summons were not handed over to him.
On the earlier occasion, refusing the FCID's request to issue an international warrant on Mr. Weeratunga, the Fort Magistrate noticed him to appear in court over the inquiry and ordered to send the summons through Foreign Ministry to the address in which he lives in Ukraine.
Filing a further report in court, FCID Chief Inspector Francis Nihal told court that Mr. Weerathunga had been deliberately absconding the court avoiding him being interrogated into the alleged aircraft deal.
He said former ambassador had not returned his diplomatic passport to the Foreign Ministry yet and traveling illegally one country to another using forged passports.
He further said, According to reports; Mr. Weeratunga was recently seen in a photograph taken with former president Mahinda Rajapaksa and it was evident that he was deliberately absconding the prosecution disregarding the court orders.
The prosecution further said that the broad investigation into misplacing the original contract document of the alleged deal was being continued by the FCID as few statements had been recorded from the Air Force officials.
The prosecution said it was reported that the alleged contract was signed with the presence of Mr. Udayanga Weeratunga at his official house.
In the original contract, the supplier company, 'Belimisa Holdings', was cited as a company located in Britain, but according to the Singapore Financial Intelligence; it was a Singaporean company, said FCID.
Even though, Mr. Weerathunga was not named as a suspect to the case yet, he was the one who knows all about so-called contract, thereby need to be interrogated over the inquiry, said the Prosecution.
The FCID requested court to issue warrant on Mr. Weeratunge under section 63 (1), ‘Issue of warrant in lieu of or in addition to summons’, of the Criminal Procedure Code.
Considering the prosecution request the Colombo Fort Magistrate Lanka Jayaratne fixed September 30 to decide on issuing international warrant on Udayanga Weerathunga.
Earlier, the FCID summoned Mr. Weeratunga to record statements over the inquiry but he was not in the country and later the prosecution was informed by the Mr. Weeratunga's relatives that he resides in Ukraine.

Wednesday, 21 September 2016

HC convicted two men over raping a minor girl in 2002


 By Shehan Chamika Silva

Colombo High Court Judge Pathmini N Ranawak today convicted two individuals over the charges of raping a minor girl in Buttala area on September 26, 2002.

The two convicts, Chaminda Shrinath and Kudahettige Rajawansa Karunadeera sentenced to 17 years and 10 years imprisonment respectively by the Court.

The Court also imposed a fine of Rs. 10,000 each convicts and ordered the convicts to compensate the victim with Rs. 50,000 each.

However, another individual into the case was acquitted by the court, as the prosecution had not proven the allegations against him beyond reasonable doubts.

The Attorney General had earlier indicted three individuals on four counts under section 363 (rape) of the Penal Code for raping a minor girl, who was below the age of 16.

Thajudeen Murder: Former JMO dispatched body parts to SAITM: CID

Court orders to recover phone details

By Shehan Chamika Silva

Inspector of Police, Homicide Division of CID, Ravindra Wimalasiri today told Court, according to statements recorded from a few witnesses, the former chief JMO Ananda Samarasekara had dispatched some body parts of Wasim Thajudeen from a vehicle to the Saitm Private Campus in Malabe after the first autopsy.

The CID filing a further report informed Court that according to the statements recorded from two officers at the JMO's office; it was revealed that following the conclusion of the autopsy, the former Chief JMO had returned to the office and cut some parts of the victim's body. Later, he had placed them in the refrigerator, the CID said.

The prosecution said after releasing the body to the relatives that the former JMO had taken away the body parts from the refrigerator a few days prior to his retirement.

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

Meanwhile, acceding to the request of the prosecution, the Magistrate issued an order to a Software Engineer, who was attached to the maintenance staff of the phone network of the Presidential Secretariat, to assist the CID to recover the phone details that were deleted.

Earlier, the CID informed there were phone calls received by the Narahenpita OIC from the Presidential Secretariat on the day that Wasim Thajudeen was found dead and the prosecution later found that the phone details were deleted from the data base.

However, they had recovered a CPU from the data base in expectation of recovering the selected data.

Considering the report submitted by the Director of the Colombo National Hospital, the Magistrate Nishantha Peiris advised the second suspect Anura Senanayake to assist the Director of Colombo National Hospital providing his medical history in order to tender a comprehensive report on the suspect's medical condition in court.

The Magistrate observed that the decision over the request of the aggrieved party, that the suspect was been continuously treated at the Paying Ward at CNH, would be taken into consideration after the Director of CNH submitted his comprehensive report over the suspect.

Earlier, considering the requests of the aggrieved party, the Magistrate ordered the Director General of the Colombo National Hospital to submit a comprehensive report on whether former SDIG Anura Senanayake had received treatment at the CNH or any other hospital from 2003 to date (regarding his so- called illness).

In a further report the CID had informed Court that according to the statement recorded from the OIC of the Colombo South Scenes Of Crimes Officers (SOCO) Kirthi Iddamalgoda; it was revealed that the Narahenpita Crimes OIC and Police OIC were informed to conduct a Government Analyst inquiry on the burnt vehicle by him.

However, the Narahenpita Police had not called for a GA report over the vehicle.

The CID also said that the photos which were taken by an officer attached to the SOCO were also not called for the autopsy by the Chief JMO.

The prosecution said that the suspects -- former SDIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera -- had been charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code, and that according to the provision in Section 13 of the Bail Act, a person who had been charged with an offence punishable with death or with life imprisonment, shall not be released on bail except by a judge of the High Court.

They had been arrested by the CID and charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code in connection with the murder of Ruggerite Wasim Thajudeen.

Considering that the suspects had already filed revision bail applications in the High Court, the Magistrate re-remanded the suspects till October 5.

The former SDIG and the former Crimes OIC have also been charged with causing the disappearance of evidence, fabricating false evidence, using it to shield the offender and conspiring under Clauses of 189,198 and 296 of the Penal Code.

Tuesday, 20 September 2016

Uduwe Dhammaloka's case: Trial re-fixed for Jan 17, 2017

By Shehan Chamika Silva

The trial conducted against Ven. Uduwe Dhammaloka Thera, who was accused of keeping an elephant in captivity without a valid license, was re-fixed for January 17, 2017 by Colombo High Court Judge Nissanka Bandula Karunaratne yesterday.

The Thera was indicted by the Attorney General on two counts under the Flora and Fauna Act and the Public Properties Act over the alleged possession of a baby elephant at the Alan Mathiniyarama Temple without a license in or around the period January 28, 2015.

Yoshitha seeks to travel abroad for medical treatments

By Shehan Chamika Silva

In a motion filed in the Colombo High Court today, Yoshitha Rajapaksa has sought court permission to travel abroad for medical treatment.

The Colombo High Court fixed September 22 to consider the motion.

The travel ban was imposed by the Kaduwela Magistrate during the case in which Yoshitha faced money laundering charges was taken up for hearing.

Defamatory Ad during polls campaign -- Radaliyagoda, 11 others released

By Shehan Chamika Silva

Independent Television Network's former deputy general manager Sudarman Radaliyagoda and 11 others were today released by Colombo Additional Magistrate Aruni Attigalle in the case where they were alleged to have used a minor in a defamatory advertisement aired during the 2015 presidential election campaign.

The order was based on the advice received from the Attorney General.

Earlier, the Police Children and Women's Bureau had investigated a complaint that the suspects had allegedly abducted a child and had used him in a defamatory advertisement during presidential election campaign.

Sajin Vass gets bail in Mihin Lanka case

By Shehan Chamika Silva

Sajin Vass Gunawardena was today released on bail in the case filed by the Bribery Commission which alleged that he had entered into a contract with a Singaporean Company for Rs.883 million to obtain ground-handling equipment for Mihin Lanka while functioning as CEO.

The Colombo Chief Magistrate released him on a cash bail of Rs.250,000 with four sureties of Rs.10 million each.

Investigations had revealed that Mr. Gunawardena had entered into the three-year contract with Singaporean Company PPL Inter Private Limited for the supply of ground handling equipment to the airline.

Mr. Gunawardena who was the then CEO of Mihin Lanka was not only liable for not following correct tender procedures to seek the services of the foreign company but had also disregarded responses from three other companies that showed a willingness to supply such equipment at a lower price.

It was also revealed that Mr. Gunawardena had failed to state any specific reasons for granting the contract to the company.

Lalith Weerathunga's case trial continues

By Shehan Chamika Silva

The continuation of leading evidence of the prosecution over the trial against Former Presidential Secretary Lalith Weerathunga and Former Director General of the Telecommunications Regulatory Commission Anusha Palpita pertaining to the distribution of Sil Redi during the period leading up to the 2015 Presidential Election was fixed for September 28 by Colombo High Court today.

The prosecution witness Number 5 had delivered his evidence yesterday in court.

The duo is charged for using Rs. 600 million of the Telecommunications Regulatory Commission to distribute Sil Redi during the Presidential election.