Tuesday, 31 January 2017

OIC who solicited bribe to mitigate legal actions remanded

By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today remanded the OIC of Minor- Complains Division, Welipanne Police till February 14 over allegedly soliciting and accepting a bribe from an individual.

According to the complainant, suspect had solicited a bribe of Rs.5000 from the complainant on the undertaking to mitigate legal actions over a police complaint filed against the complainant.

The Bribery Commission had arrested the suspect deploying a decoy while accepting the so- called bribe. The Commission told court that during the arrest, the suspect had attempted to disappear the money he obtained from the complainant by putting them into his mouth.

Suspect, Sub- Inspector Somathinga Silva was a resident of Ambalangoda area.

Namal's Hello Corp inquiry: FCID probes further illegal transactions

By Shehan Chamika Silva 

Colombo Additional Magistrate Aruna Buddhadasa today permitted the FCID to check the bank accounts of company known as Hovell Constructions into the inquiry being conducted under the Money Laundering Act against Namal Rajapaksa and five others for purchasing Hello Corp shares from questionable funds.

The FCID said it had earlier filed two separate cases against the suspects on charges of obtaining Rs.30 million from Hovell Construction Company and Rs.15 million from Boston Capital Company for services provided by NR Consultancy and Gowers Corporation, which are headed by Mr. Rajapaksa.

It said Mr. Rajapaksa who dealt with Boston Capital and Hovell Construction had given Rs.15 million and Rs.30 million to these companies through a person identified as Indika Karunajeewa with the intention of concealing the origin of the questionable funds.

The FCID said that money was later transferred to Gowers Corporation and NR Consultancy again, saying they were for the services provided.

Inspector M.M. Sajith yesterday sought court permission to check the bank accounts of Hovell Construction, which had dealt with NR Consultancy and Gowers Corporation.

The Magistrate also permitted one of the main witnesses Mr. Irriyagolla, to travel abroad between February 20 and March 6.

The other suspects –Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa and released on the previous bail conditions.

The prosecution found those transactions under Money Laundering Act and earlier filed two separate cases.

Inspector of Police MM Saajith today sought court permission to peruse bank details of Hovell Construction which had dealt with NR Consultancy and Gowers Corporation, in order to clarify further suspicious transactions into the main inquiry.

The Magistrate also allowed one of the main witnesses into the inquiry, Irriyagolla, to travel abroad on temporary basis between February 20 to March 6.

On the earlier occasion, the FCID told court that it had sent the extracts of the two cases filed against MP Namal Rajapaksa and five others under money laundering charges to the Attorney General to seek his opinion on filing indictments against the suspects in High Court over the alleged transactions.

Other suspects were Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa.

The two transactions were found by the prosecution as offences that fell under the Money Laundering Act.

Friday, 27 January 2017

Jaliya Wickramasuriya re-remanded

By Shehan Chamika Silva 

Former Sri Lankan Ambassador to the USA, Jaliya Wickramasuriya, who was accused over allegedly misappropriating USD 332,000 of state funds in the process of purchasing a building for the Sri Lankan embassy at Washington, USA, was ordered to be re-remanded till February 9 by Colombo Fort Magistrate Lanka Jayaratne.

Prison Authority today did not produce the suspect before court due to his health condition. The suspect is currently being treated at Colombo National Hospital under the Prison supervision.

His bail request on exceptional circumstance due to the illness was refused by the Magistrate and said it cannot be regarded as an extraordinary situation to grant bail since Colombo National Hospital provides sufficient treatments for that particular illness.

The FCID produced the suspect earlier in court under the allegations fell under section 5 of the Public Property Act, where one who misappropriated public properties or assets causing more than Rs. 25,000 has no bail relief unless exceptional circumstances or by a High Court Judge.

Sajin's Mihin Lanka case: trial fixed

By Shehan Chamika Silva

After serving charge sheet for the suspect, Court fixed the trial of the case filed against former Parliamentarian Sajin Vass Gunawardena, who was accused of entering into an illegal contract worth Rs.883 million with a Singaporean company to obtain ground handling equipment for the Mihin Lanka Airline while serving as the ex- CEO of it.

The suspect pleaded not guilty to the charges and Colombo Additional Magistrate Aruni Attigalle fixed the trial for May 3.

His removal of the travel ban was also extended by the court till the next date.

Investigations had revealed that Mr. Gunawardena had entered into the three-year contract with Singaporean Company PPL Inter Private Limited in September 2015 for the supply of ground handling equipment to the airline.

Mr. Gunawardena as the then CEO was not only liable for not following correct tender procedure to seek services from the foreign company but had also disregarded responses from three other companies that showed a willingness to supply such equipment.

It was also revealed that Mr. Gunawardena had failed to state any specific reasons for granting the contract to the mentioned company.

Indo-Lanka kidney racket: CCD brings up charges against suspects

By Shehan Chamika Silva

Colombo Crimes Division today filed charge sheets in the Colombo Chief Magistrate’s Court against the suspects who were apprehended in connection with the Indo-lanka kidney racket and violating immigration laws.

The prosecution 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.

The remaining five suspects pleaded not guilty to the charges and subsequently Chief Magistrate Lal Ranasinghe Bandara further remanded the suspects till February 9.

The Magistrate also directed the prosecution to proceed the cases that were filed against the suspects, who had already left the country, in the absence of the suspects under section 192(1) of the Criminal Procedure Code and those cases were put off for April 7 by the Magistrate.

Senior State Counsel Chethiya Gunasekara appeared on behalf of the Attorney General while the CCD unit 1 OIC Inspector of Police Fernando and Police Sergeant Kemaratne (5659) conducted the prosecution.

Tuesday, 24 January 2017

Weerawana's supporter of who obstructed court proceedings remanded

By Shehan Chamika Silva

Colombo Fort Magistrate Lanka Jayaratnetoday remanded an individual, who obstructed the court proceedings during the Wimal Weeerawansa's remand order was being delivered, till February 7.

The Suspect had loudly expressed his feelings about the case by shouting and pointing finger towards the Magistrate while the remand order was delivering.

Suspect, Sudesh Premalal, was reportedly a supporter of former Minister and was a resident in Panadura.

The suspect 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".

Appearing for the suspect counsel Premanath Dolawatta apologized from the court and said that his client is ready to plead guilty over the allegations, since his client had not defamed the court intentionally.

The prosecution brought charges against the suspect under section 55(1) of the Judicature Act (contempt of court proceedings).

Remanding the suspect, the Magistrate Jayaratne also observed that 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.

The Magistrate also considered two the reasons come under section 14 of the Bail Act on refusing bail because there was a possible occurrence of public disorder due to the incident and obstruction that could affect for the course of justice.

Wimal Weerawansa further remanded

By Shehan Chamika Silva

Former Minister Wimal Weerawansa and an former Deputy General Manager of the National Engineering Corporation (NEC) Samantha Lokuhennadige who were arrested by the FCID on charges of misusing 40 state vehicles belonging to the NEC and causing Rs. 90 million financial loss to the state during 2011-2014, were further remanded till February 7 by Colombo Fort Magistrate Lanka Jayaratne today .

Delivering a comprehensive judgment on the requests made earlier by the defence counsel, the Magistrate today refused granting bail for the suspects after considering the details submitted in court by the FCID.

The Magistrate refusing bail observed that the prosecution had filed sufficient circumstantial evidence against the suspects because it was apparently evident that first suspect, Mr. Weerawansa had instigated officials at the NEC to release its vehicles to his close relatives and members of his political party inappropriately.

The Magistrate further observed that despite the fact that NEC was a separate entity; the former Minister had anyway misappropriated state properties by violating the sections 5 (1) and 10 of the Public Property Act.

She also rejected the exceptional circumstances put forward by the defence earlier that Mr. Weerawansa’s daughter was in depression due to the recent incidents.The Magistrate told that the exceptional reasons brought in court on behalf of the suspects cannot be regarded as extraordinary circumstances.

Earlier, the defence also moved an exceptional circumstance that there was a technical error in the certificate filed in court by the prosecution in respect of the Public Property Act and it was a breach of precedent established by the High Court recently. However, the Magistrate disregarded the argument saying that Magistrate’s court are not binding with the decisions given by the high court completely since the so called decision was not given by the final appellate court or the supreme court.

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 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.

Thursday, 19 January 2017

Supreme Court issues notice on Lanka E News editor

By Shehan Chamika Silva

Considering the 14 contempt of court cases filed in court, the Supreme Court today issued notice to Lanka E News editor, Sandaruwan Senadheera to appear before court on March 3.

Deputy Mayor of Sri Jayawardenapura Kotte Municipal Council, Attorney at Law Madura Vithanage had filed the contempt of court cases against Mr. Senadheera for posting defamatory articles by castigating judicial officials’ nature, including judges on lanka E news website inappropriately.

According to the complaint, the content of the so-called articles had insulted, defamed, and ridiculed judges whose names are referred in the articles, and they were direct and indirect intimidations on judges as well as the judiciary as a whole.

The court directed that the notices be sent to Mr. Senadheera's Malabe residence.

Meanwhile, the Gampaha Magistrate had recently issued an international arrest warrant on him on charges of contempt of court.

President's web hacker released on bail

By Shehan Chamika Silva

A suspect, who was in remand custody on charges of illegally entering president's official website, was today 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 Rs. 500,000 each.

According to the CID, suspect, Anurudda Harshan Abeysooriya had intruded the website using some weak settings of it and had sent details that he had collected in the public complaints forum of the web to Media organizations inappropriately.

Counsel Premanath Dolawatta who appeared for the suspect told court that the website was not contained with national security information and that his client had only obtained details relating to the public complaints which had been stored in the website, and therefore suspect had no intention to damage the website or affect the national security improperly.

Shashi Welgama case: CID to arrest Finance Chief of SLTB through Interpol

By Shehan Chamika Silva

Former SLTB chairman, Shashi Welgama and one time spare parts supplier to the SLTB, Nandana Priyantha who were arrested by the CID in connection with Rs.125 million misappropriation taken place at SLTB, were ordered to be further remanded till February 2 by Colombo Additional Magistrate J. Trotsky today.

The prosecution named another suspect, Shirantha Sanjeewa Waidyathilaka as the third suspect into the inquiry and he was the Chief Financial Manager of the SLTB during the alleged period.

The CID informed court the third suspect currently resides in abroad absconding the prosecution and the appropriate steps would be taken to apprehend him with the assistance of the Interpol.

Earlier, the defence had informed the court about the involvement of the then Chief Financial Manager and thereby, the prosecution conducted the investigation further into apprehending the third suspect.