Avant Garde -- Gota, Senadipathi, five others granted bail

By Shehan Chamika Silva

Former defence secretary Gotabaya Rajapaksa, Avant Garde Chairman Nissanka Senadipathi and five others were today granted bail when they were produced in Court on corruption charges in connection with Avant-Garde Maritime Services.

Colombo Chief Magistrate Gihan Pilapitiya released each of them on a cash bail of Rs.200,000 with two sureties of Rs.10 million each and banned them from travelling abroad.

The Bribery Commission which filed the charges said the suspects had committed an offence by permitting the Avant-Garde Maritime Services to operate a floating armoury causing a Rs.11.4 billion financial lost to the Government.

The other five suspects are Rtd. Maj. Gen. Palitha Fernando, Karunaratne Bandara Adhikari and former navy commanders Somathilaka Dissanayake, Jayanath Colambage and Jayantha Perera.

The suspect Sujatha Damayanthi was not present in court today and as such the bail order had not applied to her.


Romesh de Silva PC, who appeared for Mr. Rajapaksa said Section 78(1) of the Bribery Act 1954 states that before a complaint is referred to a Magistrate in a bribery case the consent certificate or the sanction authorized by the Bribery Commission should be visible in court as material to Convince the Magistrate on the commission’s desire to file the case.

He said in this instance there was no such certificate so the summons issued earlier on the suspects should be recalled because of the illegality in the process.

The seven suspects appeared in court on being noticed to do so.

However, Senior State Counsel Janaka Bandara said Section 11 of the Bribery Commission Act passed in 1994 superseded the Section 78(1) of the Act of 1954.

He said according to the new law the Bribery Commission's Director General could forward a complaint to a Magistrate with the consent of the Bribery Commission.

On the basis of the submissions made by the two parties, the Chief Magistrate in formed the prosecution and the defence to file their views in writing in connection with the preliminary objection.

Defence counsel Romesh de Silva PC asked court not to impose travel ban on his client because he was hoping to travel abroad soon.

However, the prosecution sought cCourt to follow the standard procedure by releasing them on bail and then on the next date to consider permission to travel abroad.

The defence counsel also requested court to keep his client in court without admitting to the remand cell at the court premises until the bail conditions were fulfilled. But the Magistrate refused to do so.

The permission to travel abroad was to be considered on October 3 while the case was postponed for December 1.

$14 mn MIG aircrafts deal: Court refused to issue Intl. warrant on Udayanga Weeratunga

By Shehan Chamika Silva

Colombo Fort Magistrate today refused the FCID request to issue an arrest warrant through Interpol on one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga over the inquiry conducted into the huge financial loss caused to the Government in the purchase of Ukraine-built MIG-27 aircrafts in 2006.

The Magistrate made the decision based on the legal provisions vested in the Criminal Procedure Code as Mr. Weeratunga was not named as a suspect yet to the inquiry by the FCID.

The FCID on an earlier occasion requested court to issue international warrant on Weeratunga since he was not in the country.

However, refusing the FCID's request to issue an international warrant on Mr. Weeratunga, the Fort Magistrate noticed him to appear in court over the inquiry and ordered to send the summons through Foreign Ministry to the address in which he lives in Ukraine.

In a report submitted to the court, the Foreign Ministry had informed earlier, that according to the Ukrainian Foreign Ministry; Mr. Weeratunga was not currently residing at the given address in Ukraine therefore the summons were not handed over to him.

Thereby, the prosecution once again requested court to issue arrest warrant since Mr. Weerathunga had been deliberately absconding the court avoiding him being interrogated into the alleged aircraft deal.

The FCID requested court to issue warrant on Mr. Weeratunga under section 63 (1), ‘Issue of warrant in lieu of or in addition to summons’, of the Criminal Procedure Code.

According to Financial Crimes Investigation Division (FCID) Inspector Nihal Francis the deal amounted to US$14 million.

Weerawansa's wife charged for violating Immigration Act

By Shehan Chamika Silva

Wimal Weerawansa's wife Shehasa Udayanthi was today charged with possessing an improperly obtained passport in violation of the Immigration Act.

The CID filed charges under Section 45(1) of the immigration Act.

The suspect pleaded not guilty to the charges when they were read out to her.

Chief Magistrate Gihan Pilapitiya postponed the case for November 25.

The CID inquired into the allegations that the passport was obtained by furnishing fraudulent documents to the Immigration Authorities.

Yoshitha permitted to travel abroad for medical treatment

By Shehan Chamika Silva

The Colombo High Court yesterday permitted Yoshitha Rajapaksa to travel abroad for a period of one month to receive medical treatment.

Filing a petition in court, the suspect petitioner had earlier sought court permission to travel to Melbourne, Australia to obtain medical treatment on his right knee and ankle injuries.

Colombo High Court Judge A.A.R. Heiyanthuduwa permitting the request ordered the suspect petitioner to deposit an additional personal bond of Rs. One million at the Kaduwela Magistrate's Court.

The Judge also ordered his Passport be released from the Kaduwela Magistrate's Court.

Earlier, the Colombo High Court released him on bail over the inquiry conducted under the Money Laundering and Public Property Acts at the Kaduwela Magistrate's Court imposing a bail condition of refraining him to travel abroad without court permission.

The Judge also told the applicant to inform the exact dates of his departure and return to the court.

Observing Section 13 (5) of the Constitution, Court considered that the suspect petitioner has the right to get treatment over his medical condition as he was still a suspect to the allegation and until he is proven guilty by the prosecution the Court regards him as an innocent person, therefore should consider on the rights of the petitioner.

Chanuka Ratwatte, four others re-remanded

By Shehan Chamika Silva

Anuruddha Ratwatte's son Chanuka and four others, who were arrested by the FCID on charges of misusing Rs.4.2 billion in government funds were re-remanded till September 30 by Colombo Fort Magistrate Lanka Jayaratne.

The FCID told Court that the suspects had misused the funds belonging to the Central Bank and the CEB Employees Provident Fund by investing the funds in Government Securities through a company named Entrust Securities PLC, which is headed by the suspects.

The suspects were charged under Sections 5(3) and 8(3) of the Public Property Act and Section 386 of the Penal Code over criminal breach of trust.

The other suspects are: Dharmapriya Bandara Dasanayake (Chairman of Entrust Securities PLC), Chanuka Ratwatte (Managing Director), Romesha Dushanthi Senarath Executive Director), Sanjeewa Dayaratne (Director) and Niloshan Romelo Mendis.

MR's ex security chief released on bail

By Shehan Chamika Silva

Neville Wanniarachchi, who was the former Chief Security official of then president Mahinda Rajapaksa, was released on bail by Colombo Chief Magistrate Gihan Pilapitiya over five cases filed against him by the Bribery Commission on non assets declaration charges.

Commission charged him over not revealing his assets and liabilities from 2010 to 2015 and filed five cases separately for each year.

He appeared in court on a notice issued earlier by the Magistrate over the allegations.

Subsequently, the suspect was released on a cash bail of Rs. 10,000 with two sureties of Rs. one million each for every case.

The cases were put off for January 13.

Ramith Rambukwella's driving license suspended

By Shehan Chamika Silva

Colombo additional Magistrate Chandana Kalansooriya today suspended the riding license of Ramith Rambukwella over an accident that occurred on Independence Avenue, Colombo 7 recently.

The Cinnamon Garden Police had put forward five charges against the suspect including drunken driving allegation over the incident.

The police told court that it was revealed at the accident that he was under the influence of alcohol after being examined through the breathalyzer by the police.

Later, he was produced before a JMO to examine on the injuries occurred to him from the accident and the JMO in his report had stated that the suspect had a smell of alcohol as well.

However, after pleading guilty on the three charges of Negligence driving, not avoiding a possible accident and driving a vehicle registered to some one else’s name, the counsel appeared on behalf of the suspect pleaded not guilty on the other two charges of Drunken Driving and driving with a fake number plate.

The Magistrate put-off the case for further proceedings and to furnish bail requirements on October 18.

He was currently on police bail and yesterday appeared in court on a notice given by the police.

Aluthgamage released on bail over money laundering and corruption cases

By Shehan Chamika Silva

Mahindananda Aluthgamage who was in remand custody over money laundering charges over purchasing a property worth Rs. 27 Million in Colombo 7, was today released on bail by Colombo Chief Magistrate Gihan Pilapitiya.

He was released on cash bail of Rs. 50,000 with four sureties of Rs. 10 million each.

On a complaint received from JVP councilor Wasantha Samarasinghe, the CID had initiated a broad investigation on six alleged purchases of properties by the suspect over the first case on money laundering charges.

The prosecution alleged that the suspect was arrested over purchase of a property located on Kingsley Road Colombo 7.

The suspect had used money from his bank account at Bank of Ceylon Parliament branch to purchase the Rs. 27 million worth property on February 26, 2013.

The CID told court the money had been derived from illegal acquisition to the so-called bank account in 2013 through three cheques deposited by Douglas Kahawage (a person attached to the liberal Labour Congress Sri Lanka), Siril Jayasinghe (government  Contractor) and Wasantha Rajapaksa (suspect's driver).

Filing a B report in court the prosecution also informed court that the CID was conducting a broad investigation over the alleged properties belonging to the suspect in abroad as well.

The CID also informed that they were investigating into the irregularities taken place in Sports Ministry over 51 constructions and the money derived to him from alleged contractors when the suspect was serving as the Sports Minister.

The prosecution said that there was a property in London belonging to the suspect which was purchased from the money (Rs. 25 million) given to him by his brother in Japan, but the so-called transactions were not yet found during the investigation.

The CID filed charges against the suspect under section 389 of penal code and sections 3 and 4 of the Money Laundering Act.

Meanwhile, former minister and one other, who were noticed to appear in Court over a case filed by the Bribery commission in connection with a Rs. 53 million misappropriation taken place while importing and distributing sports equipment to schools and sports clubs in 2014, were also released on bail today.

Chief Magistrate released them over that case on a cash bail of Rs. 100,000 with two sureties of Rs. 5 million each for every suspect.

The case was filed by the bribery commission over corruption charges under the section 70 of the Bribery Act.

The prosecution alleged that the suspects had committed the offence while importing and distributing 14,000 Carom Boards and 11,000 checker boards.

Tax exemption on Beer Company: Ravi K, 13 others noticed to appear in court

By Shehan Chamika Silva

Court of Appeal today issued notices to Finance Minister Ravi Karunanayake and thirteen others to appear in court on October 12 pursuant to a writ petition filed by Ven. Agulugalle Jinananda Thera against the decision of the Finance Ministry to exempt customs levies on a Beer Company in Biyagama.

The petitioners stated in the petition that a special decision had been taken by the Finance Ministry to waive-off customs taxes to a company known as Lion Brewery Plc for a period of four months whereby causing a Rs. 6 billion financial lost to the State.

The petitioners seek a writ order from the court to against the ministry’s decision of exempt of customs levies from the beer company.

Ven. Ginanada Thera and five others cited Finance Minister, Secretary of Finance Ministry, Director General of Customs and eleven others as respondents.

The petition came before the Bench comprising Justice Vijith Malalgoda (president) and Justice Prithi Pathman Soorasena.

$14 mn MIG aircrafts deal: FCID seeks Intl. warrant on Udayanga Weeratunga

By Shehan Chamika Silva

The FCID, for the second time, today requested court to issue an arrest warrant through Interpol on one-time Sri Lankan ambassador to Russia, Udayanga Weeratunga over the inquiry conducted into the huge financial loss caused to the Government in the purchase of Ukraine-built MIG-27 aircrafts in 2006.

In a report submitted to the court, the Foreign Ministry had informed that according to the Ukrainian Foreign Ministry; Mr. Weeratunga was not currently residing at the given address in Ukrain therefore the summons were not handed over to him.

On the earlier occasion, refusing the FCID's request to issue an international warrant on Mr. Weeratunga, the Fort Magistrate noticed him to appear in court over the inquiry and ordered to send the summons through Foreign Ministry to the address in which he lives in Ukraine.

Filing a further report in court, FCID Chief Inspector Francis Nihal told court that Mr. Weerathunga had been deliberately absconding the court avoiding him being interrogated into the alleged aircraft deal.

He said former ambassador had not returned his diplomatic passport to the Foreign Ministry yet and traveling illegally one country to another using forged passports.

He further said, According to reports; Mr. Weeratunga was recently seen in a photograph taken with former president Mahinda Rajapaksa and it was evident that he was deliberately absconding the prosecution disregarding the court orders.

The prosecution further said that the broad investigation into misplacing the original contract document of the alleged deal was being continued by the FCID as few statements had been recorded from the Air Force officials.

The prosecution said it was reported that the alleged contract was signed with the presence of Mr. Udayanga Weeratunga at his official house.

In the original contract, the supplier company, 'Belimisa Holdings', was cited as a company located in Britain, but according to the Singapore Financial Intelligence; it was a Singaporean company, said FCID.

Even though, Mr. Weerathunga was not named as a suspect to the case yet, he was the one who knows all about so-called contract, thereby need to be interrogated over the inquiry, said the Prosecution.

The FCID requested court to issue warrant on Mr. Weeratunge under section 63 (1), ‘Issue of warrant in lieu of or in addition to summons’, of the Criminal Procedure Code.

Considering the prosecution request the Colombo Fort Magistrate Lanka Jayaratne fixed September 30 to decide on issuing international warrant on Udayanga Weerathunga.

Earlier, the FCID summoned Mr. Weeratunga to record statements over the inquiry but he was not in the country and later the prosecution was informed by the Mr. Weeratunga's relatives that he resides in Ukraine.