Duminda has no inability to appear in Court: Docs tell Magistrate

By Shehan Chamika Silva

Examining the suspect, Duminda Silva's health condition, special panel of consultants at Colombo National Hospital submitting a comprehensive report in court recommended that no obstacles to produce the suspect before court for the on going three non-assets declarations cases filed against him.

Earlier, the court directed the prison Authority to produce suspect, Duminda Silva before Colombo National Hospital to examine his health condition under a special panel of doctors as to confirm suspect's inability of appearing before court due to his illness.

The suspect was not produced before court by the prison earlier for ongoing three cases over the charges of not declaring his assets and liabilities for three years filed by the Bribery Commission because of the critical health condition of the suspect.

However, Colombo Additional Magistrate Ranga Dissanayake today directed the Prison to produce Duminda Silva before court immediately after considering the medical report given by special panel of doctors at Colombo National Hospital.

Subsequently, counsel Anuja Premaratne appearing for the suspect informed court that his client was suddenly produced before a doctor because of his bad health condition, therefore not able to bring him before court.

Then, the Magistrate directed the prison authority to produce the suspect in court for the on going three cases on April 6. The cases were put off for the same date.

The Bribery Commission had filed three separate cases against Mr. Silva under the Assets and Liabilities Act for not declaring his assets in 2010, 2011 and 2013.

The Bribery Commission had named Parliament Deputy Secretary General P.M.Neil Parakrama and several others as witnesses. Senior counsel Anuja Premaratne appeared for the defence.

The Colombo High Court sentenced him to death after being convicted of the murder of Bharatha Lakshman Premachandra.

Ananda-Nalanda tussle: 5 Nalandians released on bail

By Shehan Chamika Silva

Five students of Nalanda College, Colombo who were arrested by the Borella police in connection with the conflict between Ananda College and Nalanda College, were ordered to be released on bail by Colombo Additional Magistrate Ranga Dissanayake yesterday.

They were released on a surety bail of Rs. 100,000 for each suspect.

Borella police brought charges under the Penal Code against the suspects for damaging SLTB bus and assualting Ananda students.

Before releasing the suspects, the Magistrate strictly warned them to avoid such illegal acts.

Even though the suspects are still students, they should have known the prevailed law in the country before they engage in damaging public property.

The Magistrate also observed that these students would not be remanded even the charges brought under Public Property Act, if the damage is above Rs. 25,000, because the danger of mixing them with other suspects in the remand custody.

Frm SLTB Head Shahi Welgama re-remanded

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 23 by Colombo Additional Magistrate Daminda Weligodapitiya.

The prosecution earlier 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.

According to the prosecution the first suspect, Nandana Priyantha who was a supplier to the SLTB had  been given tenders respectively in 2010 and 2012 to supply spare parts to the SLTB.  However, he had allegedly not supplied spare parts equally to the advance payments made to him by the SLTB. The CID alleged that the first suspect had submitting forged documents in three occassions had requested SLTB officials to permit his payments according to the procurement procedures fraudulently.

The prosecution said the second suspect, Shashi Welgama as the then chairman of SLTB had fraudulently recommended the forged documents provided by the supplier to the Finance Department of the SLTB by approving them fraudulently.

The CID arrested the suspects on charges under the Penal Code and the Public Property Act over Criminal misappropriation, breach of trust and the misuse of state funds.

Thajudeen murder: CID probes into suspicious transactions of 15 bank accounts

By Shehan Chamika Silva

Acceding the prosecution’s request, Colombo Additional Magistrate Daminda Weligodapitiya permitted the CID to check 15 bank accounts relating to five suspicious individuals in search of doubtful transactions in connection with the murder of Wasim Thajudeen since 2012.

Filing a further report in court, the prosecution sought court permission to obtain bank statements relating to 15 bank accounts owned by five individuals.

The CID also informed the court that it had initiated a broad investigation on the recovered suspicious phone number allegedly used by the former SDIG.

The Magistrate also directed the Sri Lanka Medical Council to provide extracts pertaining to the internal inquiry conducted against the former chief JMO and two others over the irregularity occurred while conducting the postmortem of late Wasim Thajudeen to the CID.

An inquiry is being conducted by the SLMC against former chief JMO Ananda Samarasekara, Shriyantha Amararatne and C.K. Rajaguru over the missing body parts of the Wasim Thajudeen and the misdeeds occurred while the post mortem of Thajudeen was conducted.

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 March 2.

Suspended imprisonment on 3 suspects who pleaded guilty for Indo-Lanka kidney racket

By Shehan Chamika Silva

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

Two suspects, Ragavendra Uppara and Theppala Viki Raja 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.

Another suspect, Mohammad Isthiyan Khan had also pleaded guilty to a one charge of immigration violation and subsequently Magistrate imposed a one year rigorous imprisonment suspended for five years with a fine of Rs. 100,000, while other two suspects Yadalapaari Vamis Krishna and Dogipathi Shri Niwas pleaded not guilty to the both charges. Thereby, the Magistrate remanded them till March 2.

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.

On the instructions of the Magistrate the prosecution had initiated the inquiry without the escaped suspects, 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 conducted the prosecution.

Bandu Vs Bindu case: Udayakantha Warnasuriya released on bail

By Shehan Chamika Silva

Two suspects, Udayakantha Warnasuriya and Chaminda Kumara Rajasinghe who appeared in court on notices, were released on bail by Colombo Chief Magistrate Lal Ranasinghe Bandara today over the  case in which they were charged for  the infringement of Mr. Bandu Samarasinghe's performing rights under Intellectual Property Act.

They were released on Rs. 10,000 surety bail for each suspect.

Other two suspects, Malinga Shrimal Weerasinghe and Kalum Udaya Kumara, who were noticed earlier, were not present in court today, thereby, the court reissued summons on them.

Colombo Crimes Division had earlier filed charge sheets against Janaka Kumara alias 'Bindu' and four others in Colombo Chief Magistrate's Court over the alleged infringement of Mr. Bandu Samarasinghe's performing rights under Intellectual Property Act.

Apart from the suspect, Janaka kumara, the CCD named other four as suspects for allegedly involving in producing and recording the alleged performances of 'Bindu' which imitated Bandu Samarasinghe's performances in various roles in teledramas and films.

Janaka Kumara alias Bindu Bothelegama, the first suspect, who was charged for violating Mr. Samarasinghe's performance and Intellectual property rights, was earlier released on bail over the incident.

The suspects were charged under sections 17(1), 178(1) of the Intellectual Property Act and the Penal code.

Earlier, Mr. Samarasinghe complained to the CCD saying his performing rights had been infringed by Mr. Janaka Kunara violating the clause 17 (1) of the Intellectual Property Act.

Subsequently, the Chief Magistrate put off the case for March 14.

Avant Garde case:Defence raises Preliminary Objection over maintainability of the inquiry

By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today allowed defence to file the preliminary objections in writing before court on March 15 over the case where former Defence Secretary, Gotabaya Rajapaksa, Nissanka Senadhipathi and six others were accused of corruption charges in connection with the Avant Garde Maritime Services by the Bribery Commission.

The Bribery Commission alleged that the suspects had committed the offence by permitting the Avant Garde Maritime Services to operate a loating AGMS to earn Rs. 11.4 Billion incurring a financial loss to the state.

Other suspects are Sujatha Damayanthi, Palitha Piyasiri Fernando, Karunaratne Bandara Adhikarai, Somathilaka Dissanayake, Jayanath Sirikumara Colambage and Jayantha Perera.

Raising a preliminary objection at the onset, Romesh de Silva PC moved that the prosecution had violated the law vested in Bribery Act (BA) when put forwarding charges against the suspects.

He said that when a purported charges were brought in before court under section 70 (Corruption), the prosecution should obtain a mandatory sanction, a written consent, from the Bribery Commission according to the section 78 (1) of the Bribery Act.

However, in this case there was no such sanction visible in court, therefore, the proceedings of the case should not be continued, and straight away be discharged the suspects from the inquiry.

Appearing for the prosecution Senior State Counsel Janaka Bandara argued that according to the section 11 of the No. 19, 1994 Bribery Act, the Director General of the Bribery Commission is permitted to file charges in court with the direction of the Commission, and no certification of the commission is required in court because the direction is sufficient compliance.

However, Mr. de Silva contended that the section 78(1), which requires a sanction from the Commission, was brought in with the No. 20, 1994 Bribery Act, which passed after the No. 19 Act, thereby, the Mandatory sanction requirement is in force after the new inclusion.

But the State Counsel further elaborated and argued that there was a Supreme Court decision pertaining to a similar dispute which held that the Bribery Director is allowed to file charges with sufficient compliance of the authority of the Commission under section 11 of No.19, 1994 Bribery Act.

Considering the both parties submissions, Colombo Chief Magistrate allowed the defence to file their objections in writing.

The Magistrate also directed the prosecution to conduct the inquiry in the absence of the second accused Sujatha Damayanthi Jayaratne following the evidence led by the Prosecution confirming that the suspects is being resided in abroad.

Special panel of doctors for Duminda Silva

By Shehan chamika Silva

Colombo Additional Magistrate Aruni Attigalle today directed the prison Authority to produce suspect , Duminda Silva before Colombo National Hospital to examine his health condition under a special panel of doctors.

The Magistrate had sent a letter to the Director of CNH Anil Jasinghe seeking a comprehensive medical report on the suspect as to confirm suspect's inability of appearing before court due to his illness.

Earlier, Chief JMO Ajith Thennakoon had informed the court that the suspect should be examined under the supervision of a panel of specialists doctors at CNH.

The Magistrate had directed the Director of CNH to submit the medical report on February 28.

In a response to a court order, Prison Authority earlier had filled a medical report on the suspect and informed the inability of producing him in court for the ongoing three bribery cases over the charges of not declaring his assets and liabilities for three years.

Duminda Silva was not produced before court by the prison Authority due to his critical health condition.

The Bribery Commission had filed three separate cases against Mr. Silva under the Assets and Liabilities Act for not declaring his assets in 2010, 2011 and 2013.

The Bribery Commission had named Parliament Deputy Secretary General P.M.Neil Parakrama and several others as witnesses. Senior counsel Anuja Premaratne appeared for the defence.

The Colombo High Court sentenced him to death after being convicted of the murder of Bharatha Lakshman Premachandra.

Indo-Lanka kidney racket suspects further remanded

By Shehan Chamika Silva

The remaining five suspects who were apprehended in connection with the Indo-lanka kidney racket and violating immigration laws were ordered to be further remanded till February 16 by Colombo Chief Magistrate Lal Ranasinghe Bandara today.

On the earlier occassion the Colombo Crimes Division filed charge sheets against the suspects  in court for violating Immigration Laws and attempting to escape while in the detention.

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 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.

Interpol warrants issued on suspects of Namal's HelloCorp Inquiry

By Shehan Chamika Silva 

Colombo Additional Magistrate  Jeyaram Trotsky today issued open warrants through Interpol to arrest two suspects who were absconding the prosecution and the Court over the inquiry conducted under the Money Laundering Act against Namal Rajapaksa and five others for purchasing shares of a company called Hello Corp from ill-gotten funds.

Suspects, Indika Prabath Karunajeewa and Iresha Silva are said to have resided in abroad absconding the prosecution.

Meanwhile, it was revealed in court that the Attorney General would file indictments in high court immediately on the all suspects.

Based on the suspicious transactions revealed during the investigation, the FCID had earlier filed two separate cases for the suspects for obtaining Rs. 30 million from Hovell Construction and Rs. 15 million from Boston Capital Company in the disguise of the services provided by NR Consultancy and Gowers Corporation which are headed by Mr. Rajapaksa.

According to the FCID, the suspect, Namal Rajapaksa had dealt with companies called 'Boston Capital' and Hovell Construction and had given Rs. 15 million and 30 million by him self and through one Indika Karunajeewa to those companies in order to conceal the origin of the alleged ill gotten funds.

Later the given money was paid to the Gowers Corporation and NR consultance Companies again, which are headed by Namal Rajapaksa, under the disguise of payments for the services obtained by those companies, said FCID.

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

FCID officer, Inspector of Police MM Saajith conducted the investigation.

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, Pavithra Sujani Bogollagama, Nithya Senani Samaranayake, Sudarsha Bandara Ganegoda and Namal Rajapaksa were today present in Court and released on the previous bail conditions.

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