FR filed to get back China Bay Oil storage from Lanka IOC

By Shehan Chamika Silva

A Fundamental Rights Petition filed in Supreme Court today by the Ceylon Petroleum Common Workers’ Union seeking a Court order to take back the unlawful possession of the oil storage facility at China Bay Installation by the Lanka Indian Oil Company Pvt (LIOC) to the State.

The Petitioners stated that the LIOC had entered into a taking over agreement with the Secretary to the treasury on 7th of February 2003 in search of oil storage facility in the China Bay Installation and the land appurtenant for a period of thirty five years.

The Petitioners say that there was a lease agreement needed to be executed within six months from the date of said take over agreement. However, the validity of the taking over agreement lapsed on 7th of August 2003 and the parties had failed to execute a lease agreement within six months, therefore, the petitioners alleged that the LIOC possesses the China Bay Installation and land appurtenant currently without any valid authority since it still vested with the authority of the State.

They said that the LIOC had possessed the so-called public property for more than thirteen years because no responsible party managed to take suitable actions to take back China Bay Installation.

The petitioners stated that the failure of the respondents to get back the possession of the China Bay Installation from the LIOC was an administrative/executive action within the meaning of the Article 126 of the constitution, therefore the state have continuously infringed the fundamental rights (Article 12(1) of the Constitution) of the citizens in the country.

They sought court declarations over the unlawful possession of the China Bay Installation by the LIOC, violation of the Constitute when the taking over agreement was signed between parties and the illegality of the so-called agreement.

Petitioners also sought a court direction to fine LIOC with any sum of money which is legally owed to pay by the LIOC to the state.

Petitioners, S.de.S. Rajakaruna and Asoka Sapumal Ranwala had cited 52 respondents along with 45 Cabinet Ministers, Prime Minister Ranil Wickramasinghe, Secretary to the President P.B. Abeykoon, Secretary to the Ministry of Finance, Secretary to the Treasury, Ceylon Petroleum Corporation, Lanka Inian Oil Company, and the Attorney General.

TID submits its stance in court over accused operators of LTTE ransom collecting in UK

By Shehan Chamika Silva 

The TID today filed a comprehensive report in court over the three suspects including former army intelligence officer who were accused of attempting to send a cap with LTTE logo to London in a Courier service in April 2016.

Suspects, Jesuratnam Jegasamson, Mahadevan Prasanna and Subramaniam Nagularasa alias Nagulan were now in remand custody for almost nine months over the incident since the Attorney General's opinion is pending.

However, ordering the suspects to be further remanded till February 22, Colombo Additional Magistrate Aruni Attigalle considered to deliver court's decision for the suspects on next date.

According to the prosecution, upon information received to the Narahenpita police, the so-called cap was found at a courier service in Narahenpita.

During the investigation the police apprehended the first two suspects and later revealed that the third suspect, Nagulan had given the alleged LTTE cap to them in order to send it to London.

According to the defence counsel, Ajith Prasanna and Suranga Danthanarayan, third suspect, Nagulan, was an individual who provided secret information to the Army during the war period and later served as an officer atteched to the Technical Engineering Unit of the Army base in Nandikadal.

During the interrogation of the third suspect it was revealed that he had attempted to send the so-called cap to one of his friends, Kedishwaran in London.

According to the third suspect's statement, Kedishwaran had requested him to send any flag, T shirt or cap with LTTE logo in order to show them to LTTE supporters who are operated and collecting ransoms in London from Tamil people.

The Defence counsel moved to remove the allegations leveled on the suspects under Prevention of Terrorism Act by the prosecution.

On an earlier occassion, considering the defence request on granting suspects bail, Colombo Additional Magistrate Aruni Attigalle directed the TID to submit its stance. 

BC to file counter objections on five cases filed against MR's ex-Security Chief

By Shehan Chamika Silva

The Five bribery cases filed against Major Neville Wanniarachchi, a former security officer of former President Mahinda Rajapaksa, had been fixed for March 7 to file counter objections for the Commission by Colombo Additional Magistrate Aruni Attigalle today.

On an earlier occasion, the Defence had submitted their preliminary objections over the allegation, thereby the prosecution requested to file counter objections.

The Bribery Commission had charged him with five cases over committing an offence fell under the Non -assets declaration Act for not revealing his assets declaration in consecutively from 2010 to 2014 while he was a major in the Sri Lanka army.

Trial fixed on Shashi Weerawansa's forged passport case

By Shehan Chamika Silva

A Case filed against former Minister Wimal Weerawansa's wife, Sashi Weerawansa for fraudulently obtaining a passport submitting forged documents, was fixed for trial by Colombo Chief Magistrate Lal Ranasinghe Bandara today. The case was fixed for trial on May 25, 30 and 31.

There were two separate cases filed against her on two counts for possessing an illegal diplomatic passport (B 22555) and submitting false details about her name and birth date to obtain fraudulently a diplomatic passport (B 60893).

The prosecution had charged the suspect for committing offences fell under section 45(1) and (a) of the Immigration Act during the time period of September 13, 2010 to February 26, 2015.

According to the CID, Sashi Weerawansa -alias Ranasinghe Randunu Mudiyanselage Sehasha Udayakanthi (No.74 J, Mangala Mawatha Hokandara)- was alleged to have possessed two identity cards and two passports obtained by submitting forged documents.

The CID investigations had revealed that the suspect had obtained two identity cards bearing numbers 675320233V and 715346469V and two passports bearing numbers N 1284124 and D 3642817.

The trial was fixed to the second case and the other case was also putt off for May 25 as a calling date.

Subsequently the court also summoned three prosecution's witnesses over the second inquiry to appear on trial dates.

Magistrate imposes suspended imprisonment for Weerawansa’a supporter

By Shehan Chamika Silva

National Freedom Front (NFF) Leader, Wimal Weerawansa’s supporter who obstructed court proceedings when the MP was re-remanded on January 24, was imposed a one and half year imprisonment suspended for seven years by Colombo Fort Magistrate Lanka Jayaratne today.

The Police yesterday filed a charge sheet against the suspect on two counts under section 223 of the penal code (intentional insult or interruption of a Public Servant sitting in any stage of a judicial proceeding) and section 55(1) of the Judicature Act (contempt of court proceedings).

However, Suspect, Sudesh Premalal, reportedly a supporter of former Minister, had pleaded guilty to the charges and apologized from the court.

Appearing for the suspect Counsel Premanath Dolawatta requested court to consider that the suspect had already regretted about the incident and his health condition before imposing the punishments.
Subsequently, the Magistrate imposed a one and half year imprisonment against the suspect, six years normal imprisonment for the first charge and one year grievous imprisonment for the second offence suspending them for seven years.

The Magistrate also imposed a fine of Rs. 1,000 for the first charge.

The Magistrate strictly warned the suspect to avoid similar sort of behaviors hereafter otherwise the suspended imprisonment shall be annulled because the incident was not just a mere occurrence and therefore cannot be trivialized since it was a direct defamation for the judiciary as a whole.

While the remand order of Mr. Weerawansa was being delivered, the Suspect had loudly expressed his feelings about the case by shouting and pointing finger towards the Magistrate.

He had obstructed the court screaming that “we hope that the FCID would bring the former deputy Minister Lasantha Alagiyawanna and former chairman of NEC, Arshu Marasinghe on next date in court over the allegations".

Wimal Weerawansa further remanded

By Shehan Chamika Silva

Former minister Wimal Weerawansa and an ex- DGM who were arrested by the FCID on charges of misusing 40 state vehicles belonging to the National Engineering Corporation(NEC) and causing Rs. 90 million financial loss to the state during 2011-2014, were ordered to be further remanded till February 20 by Colombo Fort Magistrate Lanka Jayaratne today.

The Magistrate also directed the FCID to investigate specifically about the two former Chairmen who served at NEC during the alleged allocation of vehicles was taken place.

Responding over the legality of former Deputy Chairman, Lasantha Alagiyawanna’s involvement in issuing three vehicles, the FCID told court that according to the statements recorded; those vehicles were allocated for the activities under the NEC, therefore no irregularity revealed yet.

Defence Counsel Shavendra Fernando observed that the FCID had deliberately omitted the two former chairmen ( Arshu Marasinghe and other) from the allegation and had not requested the assistance from the Attorney General since the manipulation done by the FCID in this particular inquiry.

The defence had also filed a written bail application on behalf of the second suspect, and the Magistrate fixed next date to consider the requests made on exceptional circumstances.

Other suspect, Samantha Lokuhennadige, was the former Deputy General Manager of the National Engineering Corporation.

The FCID inquired the allegations upon a complaint received by the former Chairman of the NEC and based on the audit report made by the internal inspection of the NEC in 2014.

According to the Prosecution, the first suspect, Werawansa had misused 40 vehicles attached to the National Engineering Corporation (NEC) by using them for his private and political activities in the disguise of using them for the ‘Janasevana’ Housing Construction Project.

The FCID said that the so-called vehicles were taken by the NEC on the leasing basis for their various mechanisms in the Corporation. And the former Minister had both orally and in writing instructed inappropriately certain authorities of the NEC to release vehicles to his cousins, members of the National Freedom Party and some other persons who were not permitted to use such vehicles.

The FCID leveled the allegations against him under section 386 (Criminal Misappropriation) of the Penal Code and section 5(1) of the Public Property Act, where if the misuse is above Rs.25, 000 bail is not applicable unless exceptional circumstances or a High Court Judge.

Thajudeen murder: CID still struggling to identify suspicious Temple Trees connection

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told court that the CID is conducting a broad and sensitive investigation with the assistance of experts to identify the exact phone extension connected to Temple Trees which allegedly had conversations with former SDIG Anura Senanayake.

He also said the investigations had revealed that former SDIG Anura Senanayake had contacted the Temple Trees few occasions on May 15, 16 and 17 in 2012 prior to the Thajudeen was found dead, but the data relating to those conversations needed to be restored with the support of IT experts since those records had been deleted from the main data base.

DSG also said that the phone conversations of a security official of former president had been examined by the CID, while another security officer Captain Thissa Wimalasena, who had the responsibility over allocating the vehicles to the former president and his family on the day Thajudeen was found dead, was also interrogated into the incident.

The prosecution said that the analytical report of University of Colombo on the CCTV footage which contained suspicious vehicle that chased Thajudeen's vehicle on the day that he was found dead, and the DNA test report on the recovered 19 femur bone pieces and seven bone pieces of chest area at the SAITM laboratory were still pending.

Earlier, the CID and a team of experts searched the SAITM Laboratory 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.

Then the Recovered body parts 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 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.

 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.

Considering that the suspects had already filed revision bail applications in the High Court, Additional Magistrate Aruna Buddadasa.re-remanded the suspects till February 16.

Revision Application against bail of Chanuka Ratwatte, 4 others

By Shehan Chamika Silva

A revision application had been filed in Colombo High Court against the bail order given by the Fort Magistrate releasing Chanuka Ratwatte and four others on bail over the case where they were accused of misappropriating Rs. 4.2 billion state funds.

The Attorney General filed the revision application on behalf of the FCID seeiking an order revising the bail order of Fort Magistrate.

When the application was taken up in court, Colombo High Court Judge Amal Ranaraja fixed March 29 to submit respondent’s objections.

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 it in the Government Securities through an alleged company named as 'Entrust Securities Plc', which is headed by the suspects. The FCID said the suspects were member of the alleged company.

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.

Other 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).

Karuna's case: Extracts sent to AG

By Shehan Chamika Silva

The FCID today told court that the extracts of the case filed against Former Minister Vinayagamoorthi Muralitharan on charges of misusing a state vehicle was sent to the Attorney General for his opinion.

When the case was taken up in court today, defence counsel requested court to ease one of the bail conditions of reporting FCID every Sunday to once a month.

Chief Magistrate Lal Ranasinghe Bandara allowing the defence request put off the case seeking AG's opinion for May 24.

According to the prosecution, the suspect had received a bulletproof vehicle in 2010 from the presidential Secretariat after being elected as a parliamentarian.

Based on the statement given to the FCID by the suspect, the so- called vehicle had been sent to a vehicle repairing garage in Baticalo in February 2015 by the security people of the suspect to fix some technical errors of the vehicle.

However, following the conclusion of his time as a parliamentarian in August 2015, he had not returned the vehicle given to him.

According to the defence, the suspect had also said that he had informed Presidential Secretariat about the vehicle in a letter on Feb 2015 but no actions were taken.

Prosecution said the legal custody of the vehicle for the former minister was extended in a circulation released in February 2015 by the government but the extension was concluded on July 29, 2015.

FCID alleged that the suspect should be liable for the misappropriation occurred after the Rs. 98 million worth state vehicle being kept in a garage in Batticalo without anyone's supervision.

The FCID in October, 2016 had discovered the so-called vehicle at a vehicle garage in Baticalo and initiated a broad investigation into the vehicle.

The suspect was arrested over committing offences fell under section 5(1) of the Public Property Act and the penal code.

Astrologer who predicted President's death released on bail

By Shehan Chamika Silva

Astrologer, Vijemuni Vijith Rohana who was arrested on charges of circulating a video forecasting the death of President Maithripala Sirisena was ordered to be released on bail by Colombo Chief Magistrate Lal Ranasinghe Bandara.

He was released on a cash bail of Rs. 10,000 with two sureties of one million each. The Magistrate also imposed a travel ban on the suspect.

The suspect was produced before Chief Magistrate on January 31 night by the CID and later kept under Prison Authority till yesterday since the sureties were pending.

The prosecution had leveled charges against him under section 120 of the penal code (Exciting or attempting to excite disaffection).

When the suspect was produced before the Magistrate, Counsel R.A.P. Ranawaka who appeared for the suspect moved that the case could not be maintained since the allegations leveled against the suspect are incomplete.

According to the prosecution, the suspect had maintained a face book profile for him and on two occasions he had posted videos, predicting that the president would die soon.

The CID said the public had shown displeasure on the statements made by the suspect as so- called videos contained with predictions over president's death.