Decision to allow 'Usawiya Nihandai' being screened to be decided tomorrow

By Shehan Chamika Silva

The decision whether to go ahead or dismiss the interim injunction order imposed by court refraining the film ' Usawiya Nihandai' being screened was fixed for October 21 by Colombo District Court Judge M.U. Gunawardena today.

Former District Court Judge Lenin Ratnayake as the complainant had earlier filed a petition in Colombo District Court seeking an interim order refraining the film being screened.

Complainant claimed that the respondents cited in the film had filmed a false story relating to him by defaming the judiciary.

He had also informed court in the petition that there was another defamation case going on in the Court regarding a television programme telecasted in 1999 in connection with the same subject matter. Therefore, filming a story relating to the same content could influence the decision in that case and his reputation.

However, submitting various technical errors and non disclosure of material facts relating to the subject matter in filing the petition in court, counsel appeared on behalf of the defendants moved objections drawing court attention to dismiss the request made by the complainant and lift the interim injunction order imposed refraining the film ‘silence in court’ being screened.

A petition was filed earlier by former Magistrate Lenin Ratnayake in Colombo District Court citing the Director, Prasanna withanage of the film and seven others as respondents.

Earlier the court had delivered a refraining order by preventing the film being screen till October 19.

Magistrate orders to remove ex- SDIG from paying ward & Expedite SLMC inquiry on ex- chief JMO

Court also permitted to conduct DNA test on skeleton remains recovered at SAITM using DNAs of Thajudeen's mother 

By Shehan Chamika Silva

Considering the legal concept of every suspect in remand custody should be treated equally, Colombo Additional Magistrate Nishantha Peiris today ordered to remove ex- SDIG Anura Senanayake from the merchant ward of Colombo National Hospital and to keep him under the remand custody.

However, speaking to the Magistrate from the defendant's dock, ex SDIG said that he was now in remand custody and not at the paying ward of CNH, because he had been already transferred from paying ward of CNH to the prison custody on October 3.

Considering the suspect's statement, the Magistrate upheld the decision made on the ex-SDIG with effect for the future.

Magistrate gave this directive considering the request made on an earlier occasion by the aggrieved party of the inquiry that to impose appropriate directives over the second suspect ex- SDIG Anura Senanayake being continuously treated at Paying Ward at Colombo National Hospital.

Delivering a lengthy judgment citing various precedents on few requests made by the aggrieved party and the prosecution earlier, the magistrate also ordered Sri Lanka Medical Council to finish immediately the inquiry conducted against former chief JMO Ananda Samarasekara over missing body parts of Thajudeen and submit a comprehensive report on the conclusions of the inquiry on or before November 30 in court.

Earlier, the prosecution had alleged that the inquiry conducted at SLMC against the former chief JMO was deliberately delayed.

Meanwhile, acceding the prosecution request, the Magistrate also permitted the prosecution to conduct a DNA test on 26 skeleton remains recovered at SAITM using the DNAs of Thajudeen's mother.

The prosecution was expecting to conduct a DNA test through 'Gentech' over the 26 skeleton remains recovered from SAITM over the inquiry into the missing body parts of the Wasim Thajudeen during the initial post mortem.

Earlier, the CID and a team of experts searched the SAITM Labratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM.

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 acommon 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.

The suspects 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 November 2.

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.

Executor of last will who cheated beneficiaries and absconded police apprehended

By Shehan Chamika Silva

Suspect, John Eric De Costa, who was an executor of a last will and arrested by the Fraud Bureau over the allegations of fraudulently defrauding beneficiaries to the tune of Rs. 23 million, was ordered to be remanded till October 20 by Colombo additional Magistrate Dulani Amarasinghe.

According to the prosecution, the suspect was appointed as the executor of the Last Will of late Hector Lorensz De Witt (who died on 04-09-2007) and was directed to distribute the sale proceeds of the estate of late Hector Lorensz De Witt among the beneficiaries named in his last will.

However, John Eric De Costa cheated and misappropriated the sale proceeds of the estate and furnished a fraudulent bank statement to the beneficiaries and misled them.

In March 2015, complaints were lodged by the beneficiaries and other family members at the Colombo Fraud Investigation Bureau against John Eric De Costa over the allegations of submitting fraudulent account statements, cheating and misappropriation approximately Rs. 23 million.

After one and a half years of absconding the Prosecution, the suspect  was finally arrested on 07-10-2016 and was produced before the Colombo Magistrate in cases 31393/06/15, 35723/06/15, 57801/06/16 and 57802/06/16.

Mr. Asela Rakawa Attorney at Law appeared for the complainants.

Furthermore, Eric De Costa has a allegation under contempt of court in a testamentary case (DTS 260/09) at the District Court of Colombo in connection with late Hector Lorensz De Witt which is still going on.

Ex-Warakapola PS chairman to plead guilty, Court released him on bail

By Shehan Chamika Silva

Former Warakapola Pradeshiya Sabha Chairman Chandana Kithsiri Wijeythunga who was accused of not revealing his assets and liabilities in four consecutive years, was today released on bail by Colombo Chief Magistrate after agreeing to plead guilty to the charges.

Chief Magistrate Gihan Pilapitiya released the suspect on four sureties of Rs. 10,000 each for all cases.

The suspect was also SLFP chief organizer for Dadigama area.

The Bribery Commission had filed four separate cases against the suspect on charges of failing to submit his assets and liabilities declarations to the certain authorities from 2012 to 2015.

Dead teenager’s parents claim damages from KMC and RDA

By Shehan Chamika Silva
Parents of the late 15-year-old school girl, who died after falling into an unprotected drain at Nittawela Junction on the Kandy-Katugastota road in 2015, today filed a civil law suit against Kandy Municipal Council, Urban Development Authority and Road Development Authority in Kaduwela District Court.

Complainant parents, Mohammad Rasheed Sahabdeen and Fathima Aneesa had filed the case claiming Rs. 100 million each as damages from the respondents of Kandy MC, RDA and UDA.

In the petition complainants had mentioned that the respondents had a duty to manage and take appropriate steps to prevent a possible accident around an unprotected drain, and that they had neglected to consider on the pedestrians, thereby, a death caused.

Counsel Anusha Wickramasinghe, Irusha Kalidaasa and Indika Perera appeared on behalf of the complainants.

The late teenage girl, Sahabdeen Mohamed Asra was a GCE Ordinary Level student of Kandy Badi-ud-Din Mohamed Vidyalaya.

The tragedy occurred on October 15, 2015 while she was returning home with two other girls after attending a tuition class in the heavy rain.

She had fallen into the drain in trying to avoid water splashed by a speeding vehicle.

Namal files defamatory cases against two FCID officials claiming Rs.100 mn each

 By Shehan Chamika Silva

MP Namal Rajapaksa today filed two defamatory cases in Colombo District Court against two officials of the FCID on the way in which the investigation were conducted by them over the allegation of misappropriating Rs. 70 million paid to Mr. Rajapaksa by the ‘Krrish’ Company to conduct a rugby tournament held in 2013.

On behalf of the complainant, Counsel Athula Silva as the petitioner had filed two separate cases claiming Rs. 100 million each as compensations from the respondents, OIC of the FCID, R.A.K. Premaratne and Sub Inspector Shantha Lal.

In the petition, Mr. Rajapaksa claimed that on the manner in which the investigation was carried out by the two investigative officers was improper and illegal into the so-called inquiry, and that the two officers had deliberately violated the proceedings of the investigation carrying a political agenda with the intention of tarnishing his reputation.

He claimed remedies from the respondents as he had sustained physical and mental stressing while in remand custody over the inquiry.

Mr. Rajapaksa was earlier remanded over the allegelations of misappropriating Rs.70 million paid to him by the company known as ‘Krrish’ to conduct a rugby tournament held in 2013, for seven days from July 11 to 18 by Colombo Fort Magistrate.

Uduwe Dhammaloka Thera permitted to travel to USA

By Shehan Chamika Silva

Colombo High Court today permitted Ven. Uduwe Dhammaloka thera to travel to United States Of America to participate a religious event between October 5 to 27.

High Court Judge Nissanka Bandula Karunaratne permitting the thera to travel abroad ordered to return the passport in court on October 28.

The suspect thera was indicted earlier in High Court by the Attorney General over allegedly keeping an elephant without a valid license.

The trial of the case was also fixed to be conducted from January 17 by the Colombo High Court.

Thera was indicted by 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 Alan Mathiniyarama without a licence in or around January 28, 2015.

Prasanna Vithanage's 'Usawiya Nihandai' refrained from screening till Oct.19

By Shehan Chamika Silva

Colombo District Court today issuing an injunction order refrained the film ' Usawiya Nihandai' (Silence in the Courts) being screened till October 19.

The order was issued by District Court Judge M.U. Gunawardena after taking into consideration the petition filed by former magistrate Lenin Ratnayake that the film directed by Prasanna Vithanage was based on a false story relating to him and it had defamed the judiciary.

The Court also notices the respondents stated in the petition to appear in court to inform court their stance over the petition.

DNA tests on 26 body parts recovered at SAITM

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told Court that the prosecution was expecting to conduct a DNA test with the assistance of 'Gentech' on the 25 body parts removed from SAITM in connection with the investigation into Wasim Thajudeen's the missing body parts.

The CID assisted by several experts searched the SAITM Laboratory based on information that the former JMO Ananda Samarasekara had dispatched some of the body parts to SAITM.

The DSG also told Court that the phone calls on four telephone numbers received by former Narahenpita OIC Damian Perera were being probed.

He said the investigations into the actions Mr. Samarasekera by the Sri Lanka Medical Council is being delayed.

The CID said the original documents relating to the handing over of the body parts to SAITM by him in 2013 had not been given to the CID.

However, Counsel who appeared for SAITM told Court that all the assistance had been provided to the prosecution for the search.

Appearing for the aggrieved party, Counsel Misba Sathar sought court to impose appropriate directives with regard to ex-DIG Anura Senanayake being treated at the paying ward at the Colombo National Hospital.

Colombo Additional Magistrate Nishantha Peiris fixed October 19 to rule on this matter after considering the Medical Ordinance, Prison Ordinance and the international legal provisions over inmates rights.

The Magistrate also directed the prosecution to continue their investigation after obtaining DNA reports on the body parts. He also said that after considering the medical ordinance and the gazette relating to the Medical Service, he would make a ruling on the inquiry into the former JMO by the SLMC.

The prosecution said the suspects -- former SDIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera -- have been charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of acommon intention) of the Penal Code, and that according to the provisions 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.

Considering that the suspects had already filed revision bail applications in the High Court, the magistrate re-remanded the suspects till October 19.

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.

Legal objection on jurisdiction power of FCID in filing cases in court

By Shehan Chamika Silva

Forrmer Minister Wimal Weerawansa's brother Sarath Weerawansa, who was arrested by the FCID over misusing a government vehicle causing Rs.10.5 million financial lost to the Government, was ordered to be further remanded till October 10 by the Colombo Fort Magistrate Lanka Jayaratne today.

NFP Parliamentrian, Jayantha Samaraweera who was also arrested over misusing a vehicle given from Presidential Secratariate causing a Rs. 5 million financial lost to the Government, was ordered to be re remanded till October 10 by Colombo Fort Magistrate Lanka Jayaratne today.

Meanwhile, the case filed against Mohammad Musammil over misusing a Presidential Secratariate's vehicle causing a Rs. 6 million lost to the government was also fixed for consideration on October 10 by Fort Magistrate. He is currently on bail under exceptional circumstance.

Appearing for the Suspects, defence counsel Pinsith Perera moved a written legal objection that the FCID has no jurisdiction or legal power to file cases in Magistrate's court since it is not incorporated as a police station but only a division by the Inspector General of Police in contradiction to the Criminal Procedure Code.

However, the Magistrate observed that, since, there is a similar argument going on before the supreme Court over legality of establishing the FCID, ordered the defence counsel to tender the certified petition of that case before court to consider the objection.