Thursday, 8 December 2016

Man remanded over posting a recording of death threats on president, PM, Opp. Leader on FB




By Shehan Chamika Silva

A man who posted a sound recording which contained death threats on President, Prime Minister and Opposition Leader, on Face Book ordered to be remanded till December 15 by Colombo Chief Magistrate Gihan Pilapitiya today.

The CID arrested the suspect, Dinush Chamara (age 26) who was a resident in Rathgama area and produced in Court.

According to the prosecution the suspect was the administrator of a Face Book page called 'Sokarina' and had posted a sound recording via his page with the title of that "End of Maithripala will be soon from a Sinhala Budhist, says an official attached to the President's Security Division..."

The CID said the recording contained with clear death threats to the VVIPs and the person speaks in the recording also invite people to the assassination of President, Prime Minister and Opposition Leader.

The CID had initiated a broad investigation into the incident as to clarify the person in the recording and the potential security threat to the VVIPs.

Counsel Inoka Seneviratne appeared on behalf of the suspect.



Monday, 5 December 2016

Nishantha- Aruna settle

 
By Shehan Chamika Silva
 
The case filed against former Secretary of Sri Lanka Cricket (SLC), Nishantha Ranatunga for posing death threats to Colombo Cricket Association Secretary Aruna Wijaya de Silva during an election at the SLC on December 18, 2015, was concluded today after both parties came to a settlement.
 
Subsequently, Colombo Chief Magistrate Gihan Pilapitiya warned the suspect before the case was concluded.
 
Cinnamon Garden police conducted the inquiry upon a complaint lodged by the victim Aruna Wijaya de Silva. Ranatunga was charged under section 486 of the penal code. 
 

Karuna's bail refused


By Shehan Chamika Silva 
 
Colombo Chief Magistrate Gihan Pilapitiya today refused to grant bail to former Minister Vinayagamoorthi Muralitharan, alias Karuna Amman who was in remand custody till December 7 for misusing a state vehicle.
 
The Magistrate made this decision when the bail application filed by Counsel Kanchana Rathwatte, on behalf of the suspect through a motion, was taken up in court yesterday.
 
However, the magistrate also stated that bail conditions would be re-considered on December 7.
 
Muralitharan was arrested by the FCID for allegedly receiving a bulletproof vehicle from the Presidential Secretariat in 2010 after being elected to parliament. 
 
According to the FCID, he had not returned this vehicle though he had lost his seat at the general election in August last year. 
 
 

Magisterial inquiry on Daya Master concluded

 
 
 
By Shehan Chamika Silva
 
On the instructions of the Attorney General, the magisterial inquiry conducted on former media spokesman of the LTTE, Daya Master, was today concluded by Colombo Chief Magistrate Gihan Pilapitiya.
 
The CID informed the court that the Attorney General have already  filed indictments against Daya Master at Vavuniya High Court over the allegations under Prevention of Terrorism Act for detaining civil citizens in LTTE custody as hostages during the last period of war.Thereby, the prosecution informed court to terminate the inquiry. 
 
Earlier, the magisterial inquiry was initiated by the CID against two suspects, Daya Master and George Master (former interpreter of LTTE) after they had surrendered at the Omanthai Army Post in April 2009. 
 
However, on an earlier occasion, George Master was discharged from the inquiry on Attorney General's instructions.

WP Councilor Jagath Kumara granted bail after surrendering to court

 
By Shehan Chamika Silva
 
Western Provincial Councilor Jagath Kumara was granted bail after he surrendered to Court today.
 
The Councilor surrendered on charges of having assaulted a police superintendent during a protest launched by Samurdhi and Divineguma Officers at Polduwa Junction, Battaramulla near the Parliament on November 29, 2016.
 
Considering that the surrender of the suspect in court and he was not yet named as a suspect to the incident by the Welikada police, he was released on a Rs. 500, 000 surety bail by Colombo Additional Magistrate Chandana Kalansooriya.
 

Wednesday, 30 November 2016

Thajudeen Murder: Don' hesitate to investigate into phone calls received from Presidential Sec. and Temple Trees: Magistrate

By Shehan Chamika Silva

Colombo Additional Magistrate Nishantha Peiris advised the CID that there was no obstacle to deploy usual investigation into the phone calls received from the Presidential Secretariat (PS) and Temple Trees (TT) to the Narahenpita OIC on the day that Wasim Thajudeen was found dead.

The Magistrate directed the prosecution to summon any person attached to the PS or TT without hesitation if necessary for the inquiry.

Considering the request made by Counsel Misba Sathar, who appeared for the aggrieved party, the Magistrate also informed the CID to take appropriate steps on former Colombo Chief JMO Ananda Samarasekara before long, because no court has given any stay order yet preventing him being arrested.

The Magistrate told the prosecution to go ahead with necessary legal actions in line with the criminal procedure code, if there is sufficient evidence over the suspicious behavior of the former JMO.

Filing a further report in court Deputy Solicitor General said investigation is continuing into the alleged phone calls received to Thajudeen's friend, Ahamad Safar, on the day Wasim Thajudeen was found dead.

He also said the CID had recorded statements from few administrative officers over the inquiry which had begun in association with Health Department, over the alleged dispatch of body parts from Judicial Medical Services office to the SAITM.

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. And the recovered 19 femur bone pieces and seven bone pieces of chest area were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.

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.

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 Nishantha Peiris re-remanded the suspects till December 14..

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.

Rathupaswala Shooting: CID permitted to interrogate ex-SDIG Anura


By Shehan Chamika Silva
 
Colombo Additional Magistrate permitted the CID officials to record statements from former SDIG Anura Senanayake over the magisterial inquiry conducted into the Rathupaswala shooting.
 
The prosecution said former SDIG was the in charge of that Rathupaswala area when the shooting was taken place thereby need to record few essential statements from the SDIG.
 
They requested to record statements within 16 hours while former SDIG in remand custody at the Colombo Remand Prison.
 
The CID sought this permission when the magisterial inquiry into the murder of Wasim Thajudeen was being held.
 
However, speaking to the Magistrate from the defendant’s dock, ex- SDIG said it was unfair to interrogate him while in the remand custody, because he doesn’t possess relevant documents and reports pertaining to the Rathupaswala incident currently.
 
Former SDIG said that he had handed over all the reports to the then Inspector General of Police and also submitted comprehensive report over the incident even to the Human Rights Commission.
 
The Magistrate subsequently advised the suspect to comply with the court for the moment and directed the CID to provide the opportunity for the suspect to peruse previous reports if he needs so.

Avaa members granted bail No PTA for the charges


By Shehan Chamika Silva

The Eleven suspects remanded in connection with committing offences fell under Prevention of Terrorism Act by creating an Organisation called 'Avaa' in association with ex-LTTE members to make unnecessary resistance to the State, were released on bail by Colombo Additional Magistrate Aruni Attigalle.

They were released on two surety bails of Rs. one million each for every suspect.
The Magistrate imposed a travel ban on the suspects and ordered them to report TID post in Jaffna every second Sunday.

The TID told court that it would not bring the charges against the suspects under the Prevention of Terrorism Act but would inquire the incident under money laundering and funding terrorist activities allegations on the instructions of the Attorney General.
 
They were apprehended earlier by the TID in Jaffna for committing offences fell under the section 7(2) of the PTA.

Thajudeen Murder: Do not hesitate to investigate into phone calls received from Presidential Sec. and Temple Trees: Magistrate

 
By Shehan Chamika Silva
 
Colombo Additional Magistrate Nishantha Peiris advised the CID that there was no obstacle to deploy usual investigation into the phone calls received from the Presidential Secretariat (PS) and Temple Trees (TT) to the Narahenpita OIC on the day that Wasim Thajudeen was found dead.
 
The Magistrate directed the prosecution to summon any person attached to the PS or TT without hesitation if necessary for the inquiry.
 
Considering the request made by Counsel Misba Sathar, who appeared for the aggrieved party, the Magistrate also informed the CID to take appropriate steps on former Colombo Chief JMO Ananda Samarasekara before long, because no court has given any stay order yet preventing him being arrested. 
 
The Magistrate told the prosecution to go ahead with necessary legal actions in line with the criminal procedure code, if there is sufficient evidence over the suspicious behavior of the former JMO.
 
Filing a further report in court Deputy Solicitor General said investigation is continuing into the alleged phone calls received to Thajudeen's friend, Ahamad Safar, on the day Wasim Thajudeen was found dead.
 
He also said the CID had recorded statements from few administrative officers over the inquiry which had begun in association with Health Department, over the alleged dispatch of body parts from Judicial Medical Services office to the SAITM.
 
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. And the recovered 19 femur bone pieces and seven bone pieces of chest area were sent to the 'Genetech' to conduct a DNA test using DNAs of Thajudeen's mother.
 
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.
 
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 Nishantha Peiris re-remanded the suspects till December 14..
 
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, 29 November 2016

Thauheed Jamad's general Secretary’s bail refused



 
By Shehan Chamika Silva

Thauheed Jamad's General Secratary, Abdhul Razeek who was arrested over insulting Buddhism and reprimanding Ven. Ghanasara Thera in filth language was ordered to be re-remanded till December 9 by Colombo Additional Magistrate Chandana Kalansuriya .

Refusing the bail application moved on behalf of the suspect, the Magistrate observed that the suspect had violated the bail conditions imposed on him by the Colombo Chief Magistrate over another case in which he was accused of insulting Buddhism.

He was earlier on a similar case strictly warned by the CMC to respect all religions equally and avoid actions that would wound any religious belief.

According to the prosecution the suspect had reprimanded the Ghanasara Thera using obscene words at a meeting held in Maligawatta area recently.

Colombo Crimes Division said that the suspect had disregarded the court order imposed on him and behaved continuously insulting Ven. thera and the Buddhism circulating his statements via social media. They said that the suspect’s behavior was not a mere defamation to a single monk but an insult to all ‘sanga’.

Appearing for the suspect counsel Maithri Gunasekara said that the suspect had not acted in contradiction to the previous court warning as his client had only addressed an individual who is a monk but not insulted the Buddhism. He said Ghanasara Thera was also not a monk who behaved according to his religion and had insulted several time his client as well.

Counsel Dharshana P. Ranmuthuge who appeared for the aggrieved party told court that despite the behavior or attitude of Ghanasara thera, such defamations may be a trigger in urging unnecessary conflicts between communities.

He also drew court and prosecution's attention to bring forward charges against the suspect under the International Convention on Civil and Political Rights, in which such offences are identified as more grievously.