Monday, 13 March 2017

Former SLRC chairman not ready to apologize, cases fixed for trial



By Shehan Chamika Silva 

Four cases filed against former Sri Lanka Rupavahini Corporation (SLRC) Chairman Ariyaratne Athugala, its former Additional Director General Devapriya Abeysinghe and G.D. Sugathapala for allegedly threatening and assaulting four SLRC employees in 2010, were today fixed for trial following parties informed no settlement.

When the four separate cases were taken up before Chief Magistrate Lal Ranasinghe Bandara, Counsel Gunaratne Wanninayake who appeared for complainants moved that his clients are prepared to compound the matter if the suspects apologize from his clients in open court.

However, counsel appeared for the defence confirmed that his clients are not expecting to apologize from the complainants but instead would go for a trial without any settlement.

The Magistrate subsequently fixed the trial of cases for May 17.

Four complainants Kanchana Marasinghe, Herbert Kumara Alagiyawanna, Ravi Abeywickrema and Gamini Pushpakumara alleged that they were threatened and assaulted by the suspects when they requested  them to be complied  with the Elections Commissioner's guidelines in line with the Supreme Court order over telecasting of election related programmes during the 2010 Presidential Election.

The complainants alleged that the former SLRC Chairman had reprimanded them in filthy language claiming that the President and he would not care about Supreme Court orders and no one needs to teach him about Media.

Thursday, 9 March 2017

White van abductions: Navy officer further remanded

By Shehan Chamika Silva

Former Navy Intelligence Officer, Dhammika Anilmapa who was arrested by the CID in connection with the alleged two abductions taken place in 2009 using a white van, was ordered to be further remanded till March 23 by Colombo Additional Magistrate Jeyaram Trotsky today.

According to the prosecution, the suspect was the chief Intelligence officer at Welisara Navy Camp at the time the incident was occurred and alleged to have aided to conceal the vehicle used in abductions.

The CID informed court that they were expecting to record statements from four Navy officials attached to the Welisara Navy Camp.

They also sought Court permission to interrogate former SDIG Anura Senanayake into the incident.

Wadiwel Pakkilisami and Rathnasami Paramanandan were missing since January 2009 and they were allegedly abducted by some unknown individuals using a white vehicle.

Earlier, the prosecution said that two more suspects expected to be arrested over the incident and they are former intelligence officials of Navy, Dayananda Nanayakkara and Ananda Guruge.

According to the intelligence sources, the CID told court that the so called abductees were neither suspects into any terrorist activities nor alleged to have involved in such actions.

Earlier, investigation into so-called abductions was conducted by then Sub Inspector of the Colombo Crime Division (CCD), Wijeysinghe.

According to the statements recorded from SI Wijesinghe, It was revealed in court that former SDIG Anura Senanayake and former DIG Vass Gunawardena had interrupted into the investigations carried out by the CCD at the beginning.

Later, following a complaint lodge with the CID by the wives of the abductees, Inspector of Police Nishantha Silva took over the inquiry.

The prosecution said it had initiated a broad investigation into the so-called abductions and the involvement of the high ranked police officials who had interrupted the initial inquiry.

Wednesday, 8 March 2017

Trial continues into nine bribery cases filed against Sarana

By Shehan Chamika Silva

Continuation of the trial pertaining to nine cases filed against former Chairman of Development Lottery Board, Sarana Gupta Gunawardena on the charges of allegedly misappropriating public funds when obtaining vehicles on rent for the National Lotteries Board, while he was serving as the Chairman of the Board, were fixed for June 1, 20 and 28 by Colombo Additional Magistrate Aruni attigalle.

Following the conclusion of delivering the evidence by the witness number one of the prosecution, the Court summoned witness number two to appear in court on next dates.

The Bribery Commission charged the suspect on 30 counts for all nine cases under section 70, "corruption", of the Bribery Act.

HC serves indictments on Basil

By Shehan Chamika Silva 

Colombo High Court today served indictments on former Minister Basil Rajapaksa and Director General Divineguma Development Department Kithsiri Ranawaka, over the case in which they were accused of alleged misappropriation of Rs. 36.5 million during the distribution GI pipes to the local authorities during the last presidential election.

Subsequently, Colombo High Court Judge Manilal Waidyathilake released them on a cash bail of Rs. 2 million with three sureties of Rs. 10 million each for both the accused.

The accused were ordered to be finger printed and directed to report every last Sunday at the FCID.
The Court also allowed the defence to deposit cash bails and sureties on March 29.

The FCID had earlier conducted an inquiry at the Kaduwela Magistrate over the allegations which they put forward based on the violation of the Public Property Act.

Later, the Attorney General filed indictments against the suspects in Colombo High Court over the misappropriation on three counts. 

Tuesday, 7 March 2017

Abducted SLIIT student gives evidence against ex-DIG Vass in court

By Shehan Chamika Silva

The student of Sri Lanka Institute of Information Technology (SLIIT) Nipuna Ramanayake, who was allegedly abducted and assaulted in 2009 by former DIG Vass Gunawardena and seven others, today delivered his evidence before Colombo High Court over the incident.

In his evidence, victim revealed the alleged involvement of the former DIG, his son and wife in assaulting and abducting him based on a personal dispute taken place between victim and former DIG's son, Ravindhu Gunawardena at the SLIIT.

Colombo High Court Judge today fixed the continuation of the trial for tomorrow.

DSG Shanil Kularatne conducted prosecution on behalf of the Attorney General.

Attorney General earlier indicted on eight suspects over the alleged incident.

However, former DIG and his son were on the death row over killing of businessman, Shiyam.

Court allows Aksha Sudari to travel abroad amidst Indian's defrauding case

By Shehan Chamika Silva

Colombo Additional Magistrate Jeyaram Trotsky today permitted actress Aksha Sudari, who was accused of allegedly defrauding an Indian businessman to the tune of 142 million to travel abroad.

The CID had earlier told court that the extracts pertaining to the case had been sent to the Attorney General for his opinion.

In May 2015, businessman Gopiraj Kavalangil Vadakkepatt had in a complaint to the CID said Ms. Sudarai had defrauded him in a business transaction.

The case was put off for June 29.

Neville Wanniarachchi's five bribery cases fixed for written submissions

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 April 25 to file written objections for the both defence and prosecution by Colombo Additional Magistrate Aruni Attigalle.

On an earlier occasion, the defence had submitted their preliminary objections over the allegation and in response the Commission yesterday filed counter objections to it, thereby; the Court fixed to consider both parties' objections in writing on the next date.

Wanniarachchi was accused of not declaring his assets and liabilities from 2010 to 2014 while he was a major in the army.

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 five consecutive years. 

Monday, 6 March 2017

Wimal Weerawansa demands legal action against FCID

Makes submissions in court without a lawyer


By Shehan Chamika Silva

Former Minister and Opposition MP Wimal Weerawansa, who was accused of misusing state vehicles, today delivering a submission without a lawyer, from the Defence Dock, requested the court to take legal actions against FCID officials who violated the Public Property Act and misguided the Court during the inquiry conducted against him.

In his submission Mr. Weerawansa told court that according to section 8 (1) of the Public Property Act, if the misuse of the public property is above Rs. 25,000, the prosecution required a certificate authorized by an ASP.

The so called certificate should be in court when a suspect being produced or surrendered in court.

But, Mr. Weerawansa alleged that the FCID in its first B report filed over the inquiry had attached the certificate of the ASP prior to him being named as a suspect for the allegations or arrested violating the Act.

He ascertained that the entire inquiry was conducted by the FCID to keep him in remand on the instructions of the Prime Minister based on the apparent political vengeance.

Mr. Weerawansa also, questioning the prosecution’s contradictory actions during the inquiry, particularly highlighted the unambiguous involvement of former chairman of the State Engineering Corporation (SEC), Ashu Marasinghe, who is a National List MP for United National Party, and former deputy minister of Construction and Housing, Lasantha Alagiyawanna over the same allegations.

He said the FCID had not taken any further legal actions against them since those individuals were currently servants and associates of the new government.

He also told court that when he was serving as the Minister of Construction and Housing, had only instructed his ministerial officials to follow the standards, that previous Minister, Rajitha Senanayake had used over the allocating state vehicles to various requirements.

Mr. Weerawansa also informed the Magistrate over the difficulties he faces at the remand prison as he was given only two empty buckets by the prison for his sanitary facilities.

In conclusion, he requested the court to grant him bail considering on the fact that he is a member of the Legislature as an exceptional circumstance, since a new constitution is being prepared and the inequality occurred during the investigation.

However, Fort Magistrate Lanka Jayaratne observing the suspect’s request said that the Magistrate’s court has no power in law to direct the prison authority to provide facilities to a certain individual but can only advise for their attention.

The Magistrate further remanding the suspect till March 20, considered to deliver a court order on suspect’s bail request on the same date.

Former minister Wimal Weerawansa and another 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.

Other suspect, Samantha Lokuhennadige, was the former Deputy General Manager of the National Engineering Corporation and he was later released on bail by the Court.

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.

Mr. Weerwansa had also filed a revision bail application in Colombo High Court seeking bail.

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.

Thursday, 2 March 2017

Indo-lanka kidney racket: Suspended imprisonment on another suspect who pleaded guilty

By Shehan Chamika Silva

One of the remaining three suspects, who were apprehended in connection with the Indo-Lanka kidney racket and charged later for violating Immigration laws by the CCD, today pleaded guilty to all allegations.

Suspect, Isthiyan Khan pleaded guilty to the charges of intentionally attempt to escape from the Mirihana detention camp and staying in Sri Lanka illegally without a valid passport by violating immigration laws.

Subsequently, Colombo Chief Magistrate Lal Ranasinghe Bandara imposed one year rigorous imprisonment, suspended for five years, with a fine of Rs. 100,000 for the immigration law violation and also imposed another suspended one year jail term for the escaping charge.

On the earlier occassion, two suspects, Ragavendra Uppara and Theppala Viki Raja had pleaded guilty to the same charges.

However, other two suspects Yadalapaari Vamis Krishna and Dogipathi Shri Niwas informed court that they expect to plead guilty on thr next date, thereby the Magistrate remanded them till March 8 and 15 respectively.

On an earlier occasion, the Colombo Crimes Division had filed 16 cases for eight suspects, two cases for each on charges of intentionally attempt to escape from the Mirihana detention camp and staying in Sri Lanka illegally without a valid passport by violating immigration laws.

The Police leveled charges against suspects under section 45(1) of the Immigration Act and section 219 of the Penal Code.

However, there were only five suspects, Dogipathi Shri Niwas, Mohammad Isthiyan, Yadalapaari Vamis Krishna, Ragavendra Uppara and Theppala Viki Raja, remaining in the case and main suspect Vijini Giri Lakshman Kumar and two others had escaped earlier while detained at the Mirihana Detention Camp.

Senior State Counsel Chethiya Gunasekara appeared on behalf of the Attorney General while the CCD unit 1 OIC Inspector of Police Fernando conducted the prosecution.

Thajudeen Murder: CID probes into ex-SDIG’s phone conversations

By Shehan Chamika Silva

Deputy Solicitor General Dilan Ratnayake today told court that another suspicious phone number used by former SDIG Anura Senanayake to contact Presidential Secretariat during the time period that Wasim Thajudeen's death had occurred was recovered by the CID recently.

He said a broad investigation is being conducted by the prosecution through the suspicious phone number.

Filing a further report in court, the prosecution sought court permission to check credit card bill details of late Wasim thajudeen from 15 financial institutions during the time period of May 16 -17 in 2012.

The prosecution also informed court that the investigation relating to the suspicious transactions of eight individuals since 2012 was being continued following the court order obtained earlier to peruse details of 15 financial institutes.

Counsel, who appeared for the Sri Lanka Medical Council told court that the extracts of the internal inquiry, which conducted against former chief JMO Ananda Samarasekara and two others over the alleged irregularities occurred during the first autopsy of Thajudeen, had been sent to the CID.
 
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.

However, first suspect, Sumith Perera was granted bail by the Colombo High Court earlier following a revision application filed on behalf of the suspect.

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 suspect, Anura Senanayake had already filed revision bail applications in the High Court, Colombo Additional Magistrate Jeyaram Trotsky re-remanded the suspects till March 16 while the first suspect was ordered to appear in court on April 27.