In a chase for the Justice, at the Dutch General Gerard Pietersz Hulft’s headquarters (Dorp), among the Bail outs-remands, sentences-acquittals, Compensations-fines, prosecutors-defendants, plaintiffs-respondents she still exists. From Magistrate to Chief Justice she decides the same. Black cloaks plead before her. Despite the impact of the Class disparity she still survives.
Thursday, 28 July 2016
FCID names Namal, five others as suspects over money laundering inquiry on Hello Corp purchasing
By Shehan Chamika Silva
The FCID-on a directive of Attorney General had named Namal Rajapaksa and five others as suspects over the inquiry conducted into the alleged purchasing shares of Hello Corp using ill-gotten funds of Gowers Corporation, which was headed by Mr. Rajapaksa.
The FCID filing a further report informed court that the suspect Namal Rajapaksa had dealt with a company named Boston and had given Rs. 15 million and another Rs.30 million through one Indika Karunajeewa to the Chairman of that company, Mr. Rohan Abey Iriyagolla.
Then according to the statements got from the chairman of the Boston Co., the given money was paid to Gowers and NR Consultants again, which are headed by Namal Rajapaksa, as payments for the services obtained by Boston.
The two transactions were found by the prosecution as offences that fell under the Money Laundering Act.
The other suspects, Indika Prabath Karunajeewa, Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Iresha Silva were named as suspects under sections 102 and 113 of the Penal Code (abetment, conspiracy) and the section 3 of the Money Laundering Act.
Acceding the prosecution request, Additional Magistrate Nishantha Peiris issued an arrest warrant on second suspect Indika Karunajeewa, since the suspect currently resides abroad, absconding the prosecution.
The Magistrate had also observed that the prosecution has the authority to arrest suspects under the Money Laundering Act without further permission from the Court since the offences committed by the suspects fell into the summary offences under the Act.
The FCID also said court that the prosecution would file two cases separately over the alleged two transactions against the suspects.
Earlier, the VAC convenor lodging a complaint with FCID alleged that the suspect Namal Rajapaksa had obtain funds illegally to his two Companies (Gowers Corporation and NR Consultants) by engaging with various state contracts and providing coordinating services to the Air Lanka.
He complained that the suspect had purchased the Hello Corp Company’s shares from the ill-gotten funds he gained during serving as a parliamentarian.
Further inquiry was postponed to September 1.
Tuesday, 26 July 2016
Doctors who treated Ven. Sobitha Thera in SL to be questioned
By Shehan Chamika Silva
Colombo Chief Magistrate allowed the special panel of Colombo National Hospital doctors who conducted an inquiry into the death of Ven. Maduluwawe Sobitha Thera to question the doctors who treated the Thera in Sri Lanka.
The directive was given on July 18 by the Magistrate on a request made by CNH Director General Dr. Anil Jasinghe on July 12. Dr. Anil Jasinghe in a letter to the Magistrate’s Court had said that the panel which conducted the inquiry had decided to question some of the doctors who treated the Thera in Sri Lanka.
Earlier, the Court directed Dr. Jasinghe to appoint a special panel of doctors to investigate on the death of Ven. Sobitha Thera following a request made by the CID on a complaint received from Ven. Uduwe Dammaloka Thera.
The special panel was comprised of Dr Anil Jasinghe (president of the panel), Dr Ajith Thennakoon, Dr Kumudini Ranathunge, Dr Nimali Fernando and Dr Iresh Wijemanne.
In a complaint to the CID the monk had said an autopsy has to be carried out because the details of the treatment were missing.
Friday, 22 July 2016
Another case against Basil in High Court fixed for trial
By Shehan Chamika Silva
The trial against Former
Minister Basil Rajapaksa and Kithsiri Ranawaka (former Director General of the Divineguma Development Department ) over the misappropriation of Rs. 29 million funds of Divineguma Development Department by printing five million almanacs during the last presidential election, was fixed for December 6 by Colombo High Court Judge Pathmini N Ranawaka yesterday.
The two suspects were however not present in court today.
The counsel, Anil Silva PCand Jayantha Weerasinghe PC appeared on behalf of them informed court that the suspects were in remand custody over the inquiry conducted in Kaduwela Magistrate's Court over the allegation of misappropriating Rs. 36.5 million belonging to Divi Neguma Development Department by purchasing and distributing GI pipes during the last Presidential Election.
The court considering the circumstance fixed the trial for December and directed the Prison Authority to produce the suspects in court on next date if the suspects were in remand custody until December.
Basil goes to HC seeking bail
By Shehan Chamika Silva
Basil Rajapaksa had filed a revision application in Colombo
High Court today seeking bail over the inquiry conducted at Kaduwela
Magistrate's Court under the Public Property Act over the allegation of misappropriating
Rs. 36.5 million belonging to Divi Neguma Development Department by purchasing
and distributing GI pipes during the last Presidential Election.
Former Minister and former Director General of Divineguma
Department Kithsiri Ranawaka were remanded till August 1 by the Kaduwela
Magistrate over the allegation of purchasing GI pipes using Divineguma
Development Department for the use of Local Government bodies, without any
request from them and distributed it during the Presidential Election for
propaganda campaigns.
Former Immigration Chief Control officer convicted after 20 years over not declaring assets
By Shehan Chamika Silva
Former Chief Controlling Officer of Immigration and
emigration Department, Jayasinghe Aarachchige Jayasena who was indicted by the
Bribery Commision in 1996 over the charges of illegally acquiring funds, was
convicted by the Colombo High Court today.
The Bribery Commission had indicted former Chief Controller
for failing to disclose how he obtained Rs. 200,000 worth fixed deposit in a
State bank and Rs. 2 million worth properties between March 31, 1994 to March 31, 1995 while serving as a government officer.
The Judge Kusala Sarojini Weerawardena convicting the suspect imposed an initial fine of Rs. 5000 and two years rigorous imprisonment suspending to ten years.
And also using a special provision of the Bribery Act she also imposed Rs. 6.6 million, a fine thrice bigger to the amount that suspect had obtained illegally.
HC orders CMC to conduct inquiry separately on every 15 elephants before releasing
Revision Application concluded:
By Shehan Chamika Silva
The Colombo High Court today concluding consideration of
the revision application filed by the Attorney General against the Colombo Chief Magistrate's decision to release 15 elephants on bond directed the Chief Magistrate to conduct a special inquiry into the each an every elephant
separately.
The High Court Judge Manilal Waidyathilake also ordered the
elephants with valid licenses to be released from those 15 elephants and rest
to be given to the Wild Life custody.
The court had also observed that the erroneous of the
revision application filed by the Attorney General when the matter was
considering.
On an earlier occasion, suspending the Magistrate’s order the High Court
had got down the case report of the inquiry conducted at Chief Magistrate’s
Court (CMC) into the allegation of alteration made to the elephant registration
book at Wild Life Department.
However, the High Court yesterday also ordered to send the
case report again to the CMC to continue the further inquiry.
Earlier, Colombo Chief Magistrate had given an order
releasing 15 elephants kept in Udawalawa Transit Home on bonds to use in the
religious processions to be held until August 30 over the inquiry conducted
at the CMC.
More than 40 elephants,without valid licenses had been taken into the Wild Life
Custody by the CID over the inquiry conducted into the alteration made to the elephant registration
book at Wild Life Department.
By Shehan Chamika Silva
The Colombo High Court today concluding consideration of
the revision application filed by the Attorney General against the Colombo Chief Magistrate's decision to release 15 elephants on bond directed the Chief Magistrate to conduct a special inquiry into the each an every elephant
separately.
The High Court Judge Manilal Waidyathilake also ordered the
elephants with valid licenses to be released from those 15 elephants and rest
to be given to the Wild Life custody.
The court had also observed that the erroneous of the
revision application filed by the Attorney General when the matter was
considering.
On an earlier occasion, suspending the Magistrate’s order the High Court
had got down the case report of the inquiry conducted at Chief Magistrate’s
Court (CMC) into the allegation of alteration made to the elephant registration
book at Wild Life Department.
However, the High Court yesterday also ordered to send the
case report again to the CMC to continue the further inquiry.
Earlier, Colombo Chief Magistrate had given an order
releasing 15 elephants kept in Udawalawa Transit Home on bonds to use in the
religious processions to be held until August 30 over the inquiry conducted
at the CMC.
More than 40 elephants,without valid licenses had been taken into the Wild Life
Custody by the CID over the inquiry conducted into the alteration made to the elephant registration
book at Wild Life Department.
Thursday, 21 July 2016
Former Lak Sathosa Chairman remanded over misappropriating Lanka Sathosa, Lak Sathosa vehicle during last Presidential Election.
By Shehan Chamika Silva
Former Lak Sathosa Chairman, who was arrested by the CCD
under the Public Property Act for allegedly misappropriating vehicles belonging
to Lanka Sathosa and Lak Sathosa during last presidential election, was ordered
to be remanded till July 28 by the Colombo Fort Magistrate Lanka Jayaratne today.
The CCD alleged that the suspect had used vehicles to distribute the names lists of the registered voters in the last presidential election to Gampaha District Organizers of SLFP causing a financial lost of Rs. 37,833 to the government.
The police said the names lists had been received from the SLFP Head Office located on Darly Road on January 2, 2015 and were distributed to the Gampaha District Organisers of SLFP on January 3 using Sathosa and Lak Sathosa vehicles on the instructions of the suspect.
The CCD alleged that the suspect had used vehicles to distribute the names lists of the registered voters in the last presidential election to Gampaha District Organizers of SLFP causing a financial lost of Rs. 37,833 to the government.
The police said the names lists had been received from the SLFP Head Office located on Darly Road on January 2, 2015 and were distributed to the Gampaha District Organisers of SLFP on January 3 using Sathosa and Lak Sathosa vehicles on the instructions of the suspect.
Raising a legal issue Anil Silva PC who appeared for the
suspect moved that the Lak Sathosa institute was not falling into the
institutions fell under the Public Property Act (PPA) therefore the prosecution
should separately mention the amount caused from the offence.
However, the Magistrate said that she should first observe
the legal issue more whether the Lak Sathosa fell under the PPA or not and
would make a decision on next date.
Forwarding an Attorney General’s Circulation to the
Inspector General of Police in 2005 the counsel said according to that direction
the offences amounted to below Rs. 100,000 of the Public Property Act shall charge
under the Penal Code.
Meanwhile, the suspect also said that he is ready to plead
guilty to the charges.
Subsequently, the Magistrate directed the Police to conclude
the investigations within a week and filed a charge sheet against the suspect
under the Penal Code since the suspect is ready to plead guilty.
Wednesday, 20 July 2016
Thajudeen murder: CID questions former president’s security officer over the inquiry : Ex- SDIG & ex- Crimes OIC re-remanded till August 3
By Shehan Chamika Silva
Senior State Counsel Dilan Ratnayake today told Court
that the CID had questioned Udaya Nandana
Nagaha Aarachchi, a former Non-Commissioned Officer of Sri Lanka Army attached to the President’s
Security Division, over the inquiry conducted into the Murder of Ruggerite
Wasim Thajudeen.
The prosecution filing a B report informed court that it had
recorded statements from four officials, Ranjith Premalal, Maduranadalage
Dayananda, Premakumara Chandrathilake and Pradeep Ruwan Kumara attached to the
former President’s Security Division over the questionable mobile calls
received to the former OIC of Narahenpita Police Chief Inspector Damien Perera
during the incident.
The CID had also informed
that the Police CCTV division had submitted ten CD copies of original CCTV
footage to Court which were taken from the CCTV cameras located at Narahenpita
and High level Junctions between 11.00 pm on May 16 to 2.00 am on May 17, the
day that the alleged incident took place in front of the Shaleeka Park
Narahenpita.
The Magistrate today expressly advised the counsel who
appeared for the Sri Lanka Medical Council to expedite the inquiry conducted
against former JMO Ananda Samarasekara, C.K. Rajaguru and Shriyantha Amararatna
on the allegation of missing body parts of the victim, Thajudeen, during the
first autopsy.
The prosecution held that the suspects were charged under
Sections 113 (conspiracy) and 32 (Liability for act done by several persons in
furtherance of common intention), of the Penal Code and according to the
provision in Section 13 of the Bail Act, a person suspected or accused of being
concerned in committing or having committed an offence punishable with death or
with life imprisonment, shall not be released on Bail except by a Judge of the
High Court.
Thereby, instructing the defence lawyers to file bail
applications in High Court, the Magistrate ordered suspects,former SDIG Anura Senanayake and former Narahenpita crimes OIC to be remanded till
August 3.
The former SDIG and the former Crimes OIC also have charges
of causing disappearance of evidence, fabricating false evidence, touching it
to screen the offender and conspiring under Clauses of 189,198 and 296 of the
Penal Code.
Monday, 18 July 2016
Court refused to issue int’l warrant on Udayanga Weeratunga
By Shehan Chamika Silva
The Colombo Fort Magistrate today refused to issue a warrant, through Interpol, for the arrest of a one-time Sri Lankan Ambassador to Russia, Udayanga Weeratunga and directed that summons be forwarded through the Foreign Ministry to his address in Ukraine.
Earlier, he was noticed to provide statements over the inquiry conducted into the huge financial loss caused to the Government in the purchase of four Ukraine-built MIG-27 aircraft in 2006.
According to Financial Crimes Investigation Division (FCID) Inspector Nihal Francis the deal amounted to US$14 million.
Earlier, he was noticed to provide statements to the FCID over the inquiry by the Court.
The FCID Said that it took all the appropriate steps to serve the summons but failed since Mr. Weeratunga was not in country.
And on July 15, the FCID sought court permission to issue an arrest warrant on him.
The Magistrate said that all though the prosecution had taken all appropriate steps to serve summons to Mr. Weeratunga but the police could not handed it over to the person.
And knowing that Mr. Weeratunga's foreign address the prosecution could have sent the summons through Foreign Ministry to Ukraine according to the section 46 of the Criminal Procedure code.
The Magistrate also ordered the court registrar to send a summons copy to the given foreign address through register post.
The Court also directed the Sri Lanka Airforce Legal Department Director to appear in court on September 26 to clarify as to why the original contract of the MIG deal was not with them.
70 million fraud : Namal released on bail
By Shehan Chamika Silva
UPFA MP Namal Rajapaksa, who was arrested on charges of misappropriating Rs.70 million paid to him by the company known as ‘Krrish’ to conduct a rugby tournament held in 2013, was today released on bail by Fort Magistrate Lanka Jayaratne.
He was released on cash bail of Rs. 50,000 With three sureties of 500,000 each. The Magistrate imposed a travel ban on the suspect.
The court also allowed FCID to peruse into bank details of the suspect in four banks.
He was remanded earlier over the charges under sections 386,389 and 400, “Dishonest misappropriation, Criminal breach of trust, Cheating”, of the Penal Code and under the Money Laundering Act.
The FCID alleged that according to investigation conducted so far the suspect had not proven how he had spent the money given by the Krrish Company in to the rugby tournament organized in 2013.
According to the FCID the suspect had connections with the Director Board of the company named ‘Krrish’ and acquired the keenness to provide a sponsorship for the development of the Rugby.
Accordingly the company agreed to provide Rs. 70 million to a rugby tournament which was about to be held in 2013 June.
The amount of money was however deposited into an account belonging to a person called Nimal Perera, Chairman of Ceylon Premier Sports and later the amount of money was obtained by the suspect, said the FCID.
According to Defence lawyers, the tournament was organized by the Ceylon Premier Sports (CPS) and Ceylon Super Sports (CSS). CPS was dealing with all the ten teams while the CSS was handling the event.
Accordingly the company agreed to provide Rs. 70 million to a rugby tournament which was about to be held in 2013 June.
The amount of money was however deposited into an account belonging to a person called Nimal Perera, Chairman of Ceylon Premier Sports and later the amount of money was obtained by the suspect, said the FCID.
According to Defence lawyers, the tournament was organized by the Ceylon Premier Sports (CPS) and Ceylon Super Sports (CSS). CPS was dealing with all the ten teams while the CSS was handling the event.
Filing a further report over the inquiry, the FCID yesterday told that according to the information revealed from the statement given by the suspect on July 11, it had obtained details relating to the bank transactions made to the New Zealand national George Simpkins, during the tournament.
The FCID said it would take appropriate steps to take a Statement from the New Zealand national over the incident in a diplomatic manner.
The prosecution also said that it was continuing a broad investigation into the five companies belonging to Bangladesh National Ahamad Al Samaan in Sri Lanka.
The FCID suspected that the Mr. Rajapaksa had deposited the Rs. 50 million in Bangladesh national, Al Saman’s account. Later the suspect had withdrawn it from the foreigner and obtained another Rs. 50 million from a bank as a loan to purchase the company named Hellocorp committing a crime that fell under the Money Laundering Act.
FCID also said that it had recorded statements from Sri Lanka Rugby Association Executive Director, Roshan Gunaratne over the incident.
Appearing for the suspect Counsel Sampath Mendis said that the FCID had not put summarized statements recorded from the Directors of the Krrish Company in their B report and further reports yet. The counsel said the Krrish company’s statements are very essential to the inquiry and the FCID had consciously covered those statements from the court.
The counsel said that the alleged money was received to the Nimal perera between October to Decrmber in 2012 and later on December 15,2012 the suspect had sent an appreciating letter thanking the sponsorship for the tournament along with an attachment of how he spent money for the expenses in the tournament.
And the expenses were actually relating to the tournament organised in 2012 not for the 2013 tournament, said Counsel.
However, the prosecution said that they only received one letter from the Krrish Company and there was no attachment about the expenses.
Further they said that the Nimal perera had withdrawn money and had given to the suspect in May 2013.
Jayantha Weerasinghe submitting the bail application requested the Magistrate to grant bail on the suspect since the charges put forward by the prosecution are bailable under the Bail Act and his client had not intervened with witnesses or caught up with hampering the investigation so far.
The Magistrate considering all the submissions directed the prosecution to submit summarized statements recorded from the directors, R.P. Gupta and Amith Kattiyal of the Krrish Company in court on the next date.
Acceding the bail request the Magistrate granted bail on the suspect considering the fact that the suspect had not intervened with witnesses or affected the investigation so far.
The further inquiry was put off for August 8.
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