Bond Auction Tender Board had no option after Mahendran’s instructions - Fmr. Asst. Governor

By Shehan Chamika Silva

Former Assistant Governor, S. Sepala Rathnayake, who was also a member of the Tender Board dealing with the issuance of Treasury bonds, revealed today before the Commission that he was shocked due to the consequences that could arise, when the Board was required to accept Rs. 10.058 billion worth bids for the Treasury bond auction on 27th February, 2015.

When questioned he said at the Tender Board Meeting the Superintendent of Public Debt Department explained the Board members about the intervention of former Governor Arjun Mahendran, as he had instructed the Public Debt Department (PDD) to accept 10 times the amount of bids advertised in the public notice.

It was explained that the February 2015, bond auction was originally intended to sell 1 billion rupees ($7 million) of 30-year bonds. And following the auction, on the instructions of Former Assistant Governor Rathnayake, the PDD recommended to accept Rs. 2.6 Billion amount of bids.

However, disregarding the recommendation of PDD to accept only Rs. 2.6 billion, the Former Governor had unusually visited the PDD twice while the auction was taking place and had instructed to accept Rs. 10.058 billion amounts of bids.

It was also revealed, when the recommendation was before for the approval of the Tender Board, former Assistant Governor Rathnayake had rejected to accept such amounts of bids because of the consequences and the impact could occur to the market interest and the public debt management.

"At the Tender Board meeting, I asked the chairman of the TB to contact the Governor immediately to discuss the situation, then the chairman, Mr. Samarasiri attempted to contact the Governor via the intercom telephone line but said that the Governor was not in the office", he said.

Subsequently, the Chairman of the Tender Board had left the room and had come after few minutes, and informed the Tender Board members that he contacted the Governor and he was instructed to accept the so-called amounts of bid by the Governor.

"I was dissatisfied with the response of the chairman and I expressed my stance by saying that ‘better to leave clothes here and go naked to sign this", he had said it in Sinhalese language to the Tender Board members.

Using economic statistical drafts prepared by him, former Assistant Governor also illustrated to the Commission the consequences that had actually occurred to the market interest, auctions for the Treasury bonds and bill and the loss for the Government, after the acceptance of the Rs. 10.058 billion worth bids on February 27, 2015.

Deputy Solicitor General Priyantha Navana led the evidence on behalf of the Attorney General yesterday from the Assistant Governor and the further inquiry will be conducted from April 3.

The Commission which was appointed by the President comprised with Supreme Court Judges Kankanithanthri T. Chitrasiri, Prasanna Sujeewa Jayawardena and former Deputy Auditor General Kandasamy Velupillai to inquire into the Treasury Bond issue.

“Neethiya” Nat'l Law Conference for junior lawyers to be held in April

By Shehan Chamika Silva

With the intention of fostering the fresh attorneys on the development of the Legal arena, the National Law Conference, ‘Neethiya’ (Sinhala Medium), organised by Neethiya Foundation in collaboration with the Bar Association of Sri Lanka (BASL) in the fourth time will be held on April 2, 2017 at the Sri Lanka Foundation in the patronage of the Chief Justice and the Attorney General.

Addressing the Press conference held at BASL, new President to the BASL, senior counsel, U. R. de Silva illustrated the importance of the ‘Neethiya’law conference, which is targeted towards junior lawyers and the lawyers who joined the legal arena recently.

Based on President Counsel, Upali Guneratne’s expert work in the Magazine of ‘Neethiya’, the purported law conference is set up to meet recent developments in the areas of Electronic Evidence, Bail Act, Notary Public, Family Law, Professional issues, etc.

The organizers encourage junior lawyers from outstation to be part of the event more as it would be a valuable prospect for new comers to the legal field from outstation.  

The Tickets for the above conference could be purchased at the offices of Neethiya Foundation (2862233/0772969002/0773715044/0774442422) and of the BASL (2447134) as well as the BASL book shop located in the District Court building at Hulftesdorp.“Neethiya” National Law conference for junior lawyers to be held on April 2.

Fort Railway Station bomb: Convict sentenced 20 years RI

By Shehan Chamika Silva

Colombo High Court Judge sentenced a Tamil individual to a 20 years rigorous imprisonment over the charges of aiding-abetting and conspiring the 2008 Fort Railway Station suicide bombing, which killed 16 and injured more than 92 people.

Colombo High Court Judge Piyasena Ranasinghe convicted Kanakasabe Devadasan alias Nadan over the allegations put forward against him by the Prosecution under the section 3 of the Prevention of Terrorism Act.

In the attack, eight school children of D. S. Senanayake College baseball team and their coach were killed.

The attack was allegedly carried out by a female suicide bomber of LTTE, who got down from a train and exploded during rush hours on Platform 3 at Fort Railway Station.

Int'l drug kingpin Mohammad Siddeek re-remanded

By Shehan Chamika Silva

Colombo Chief Magistrate Lal Ranasinghe Bandara today remanded, Drug kingpin, Mohammad Siddeek till April 11 in the case filed against him over the charges under the Money Laundering Act, Prevention of Terrorism Act and Poisons, Opium and Dangerous Drugs Ordinance by the CID.

On the instructions of the Court, the suspect was earlier produced before the Prison Court for the extension of the remand.

However, he was yesterday brought in to the Chief Magistrate's Court by the prison to produce the suspect in the on going Money Laundering case against him.

The Counsel appearing for the suspect told the Magistrate that the CID had put the allegations unfairly against his client under the Prevention of Terrorism Act as they could keep the suspect in remand further.

On an earlier occasion, The CID revealed in Court that the Mohammad Siddeek had illegally transferred Rs. 517,125,930, which he had earned from heroin smuggling in Sri Lanka, to Pakistan through Dubai using an illegal ‘Undiyal’ money transferring system.

And the second suspect in connection with the money laundering charges in this case, Mohammad Sajahan, who was on bail, was granted to appear in court on July 25.

Case on high noises of Alan Mathiniyaramaya: Ven. Dhammaloka surrendered in Court

 

By Shehan Chamika Silva 

 

Colombo Additional Magistrate Dulani Amarasinghe today released Ven. Uduwe Dhammaloka Thera on bail after he surrendered in court in line with the arrest warrant issued previously by the Court due to his absence on the earlier date over the case filed against him for amplifying high level of noises using loudspeakers between 5 am to 6 am in the morning at Alan Mathiniyaramaya Temple in Polhengoda.

 

A personal complaint (lawsuit) had filed against Him in Colombo Chief Magistrate's Court earlier by four complainants on the allegation of high noise levels sustained by the residents living around the Alan Mathiniyaramaya Temple in Polhengoda due to the   Loudspeakers operated by the temple.

 

Thera was subsequently released and his arrest warrant was recalled on an additional surety bail of Rs. 100,000.

 

When the case was taken up for consideration on last occasion, thera was not present in court. He was said to have traveled abroad by getting permission from the High Court over his other case going on over a violation under the Public Property Act.

 

Subsequently, Thera was warranted by the Magistrate because he had not obtained permission to travel abroad from the Magistrate’s Court over this particular case.

 

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and therewere sufficient scientific evidence to prove that danger, and there by requested the Court to impose an appropriate order to prevent the Temple being continuously amplifying such high level of noises. The Complainants alleged that such high levels of noise amplifications had afflicted their physical and mental life in a disruptive manner.

 

In the Complaint, the residents said that they had on several times informed certain authorities and the chief incumbent of the temple, Dhammaloka Thera about the difficulty that they had to undergo, yet no actions were taken.

 

Complainants, Gavinda Jayasinghe, Dr Kalinga Kaluperuma, Diren R. Halok, Milinda Moragoda and Kamalesh Johnpillei had filed the personal case citing Ven. Dhammaloka thera as the defendant, in line with the section 98(1) of the Criminal Procedure Code seeking a court order for removal of the nuisance. This personal case was filed under section 136 of the Criminal Procedure Code where people are permitted to file complaints directly to a Magistrate without the prosecution.

 

Case was put off for April 5.

 

 

White van abductions inquiry: Navy Commander not helping investigations, says CID

 

By Shehan Chamika Silva

 

The CID informed the court today that, disregarding the previous court directions, the current Navy Commander does not assist them over the investigation conducted into the alleged two abductions taken place in 2009 using white vans.

 

The CID, filing a further report, said that the Court had earlier directed the Navy Commander to assist the inquiry; however, he had not been helping the prosecution over the investigations.

 

The prosecution further informed court that it had recorded a statement from former Sub Inspector of the Colombo Crimes Division (CCD), Wijeysinghe, who was the initial inquiry officer into the investigations pertaining to the so-called disappearances.

 

According to his statement, SI Wijeysinghe revealed that he was asked to prepare a confidential report over the incidents by then senior DIG Anura Senanayake and thereby, under the direction of then CCD’s director, he had handed over the report to the SDIG.

 

However, after looking at the report, SDIG said me to “do nothing about it and keep it as a secret for a while”, Wijeysinghe had stated in his statement.

 

In his statement, he had also revealed that when the so-called report was visible in the initial magisterial inquiry, the report had been changed.

 

Meanwhile, Former Navy Intelligence Officer, Dhammika Anilmapa who was in remand custody in connection with the alleged two abductions, was ordered to be further remanded till April 6 by Colombo Additional Magistrate Jeyaram Trotsky.

 

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.

 

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

 

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 were conducted by then Sub Inspector of the Colombo Crime Division (CCD), Wijeysinghe.

However, during the investigation conducted by CCD, it was interrupted and stopped by then high ranked police officials.

 

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

 

On an earlier occasion, the prosecution found the so-called used in the abductions apportioned into 72 parts at a room in Welisara Gamunu Navy Intelligence Unit.

 

The CID said those vehicle parts have been sent to the Government Analyst for further examination.

 

The prosecution also informed court that according to the information revealed from the mobile phone conversations of the abductees, victims were around the Welisara area after they were abducted.

 

The CID also said mobile Phones belonged to Pakkili Sami and Paramanandan had been recovered   in the possession of two Navy officials at the Welisara Camp during the investigation.

 

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.

Inquiry on Lasantha killing: SF says special intelligence unit operated to attack journalists

By Shehan Chamika Silva

Based on the statement given by Field Marshall Sarath Fonseka into the incident, the CID told court today that a special unit had operated under the supervision of former head of the Intelligence Services, Kapila Henda Witharana to attack the Media during the time period that Lasantha Wickrematunga was shot dead.

Filing a further report into the inquiry conducted on the killing of former Sunday Leader editor, Lasantha Wickrematunge, the CID informed court that it had recorded a comprehensive statement from former Commander of Si Lanka Army, Sarath Fonseka over the incident.

In his statement, Mr. Fonseka had informed the CID that he was unaware about the  security situation around the Colombo division, since Major General Ajith Perera was assigned handle the security in that particular area.

Later, the prosecution had also recorded a statement from retired Major General Perera over the incident. However, in his statement, he had also ascertained his unawareness into the incident of the killing of Lasantha Wickrematunge, said the CID.

The CID also informed the court that based on the experts’ analytical report pertaining to the second post mortem conducted on the corpus of Mr. Wickrematunge, the victim’s death had been occurred beacause of the damage caused to his brain due to an attack extended on his head severely using a sharp weapon.

Further inquiry was put off for June 19 by Colombo Additional Magistrate Mohammad Mihar.

Unidentified gunmen on motorcycles shot Mr. Lasantha dead on his way to work in Colombo on January 8, 2009.

President, Prime Minister summoned over Tissa’s trial

By Shehan Chamika Silva 

The Colombo High Court re-issued summons on the President and the Prime Minister to appear in court in the case against the United National Party’s former Secretary Tissa Attanayake for displaying a letter with forged signatures of the then presidential candidate Maithripala Sirisena and the then Opposition Leader Ranil Wickremesinghe during the 2015 presidential election.

Earlier, the High Court issued summons on the President and the Prime Minister to submit their evidence in court. 

When the case was taken up for consideration in the absence of the main two witnesses, Additional Solicitor General Wasantha Navaratna Bandara told court that he was informed that the two witness would be unable to be present in court today. 

Subsequently, High Court Judge Vikum Kaluarachchi also confirmed that the witnesses had informed the court in writing about the difficulty of appearing in court and had requested convenient days to testify in the case. 

According to the prosecution, the evidence of Prime Minister Ranil Wickremasinghe would be conducted first.

The trial was fixed to be heard on July 17 to 28, 2017 consecutively.

Mr. Attanayake was indicted by the Attorney General on three counts, for committing offences under the Penal Code, International Political and Civil Rights Convention and Presidential Election Act.

Noise pollution: Arrest warrant on Uduwe Dhammaloka Thera

By Shehan Chamika Silva

An arrest warrant was issued on Ven. Uduwe Dhammaloka Thera as he was not present in court when a noise pollution case filed against him for the high level of noise emanating between 5.00 a.m. and 6.00 a.m. from the loudspeakers of the Alan Mathiniyaramaya Temple in Polhengoda was taken up for consideration.

A personal complaint (lawsuit) had filed against Him in Colombo Chief Magistrate's Court earlier by four complainants on the allegation of high noise levels sustained by the residents living around the Alan Mathiniyaramaya Temple in Polhengoda due to the  Loudspeakers operated by the temple.

When the case was taken up for consideration, thera was not present in court. Thera was said to have travelled abroad getting permission from the High Court on his other case which is under Public Property violation but had not obtained permission from Magistrate to travel abroad over this case.

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and there were sufficient scientific evidence to prove that danger, and there by requested the Court to impose an appropriate order to prevent the Temple being continuously amplifying such high level of noises. The Complainants alleged that such high levels of noise amplifications had afflicted their physical and mental life in a disruptive manner.

In the Complaint, the residents said that they had on several times informed certain authorities and the chief incumbent of the temple, Dhammaloka Thera about the difficulty that they had to undergo, yet no actions were taken.

Complainants, Gavinda Jayasinghe, Dr Kalinga Kaluperuma, Diren R. Halok, Milinda Moragoda and Kamalesh Johnpillei had filed the personal case citing Ven. Dhammaloka thera as the defendant, in line with the section 98(1) of the Criminal Procedure Code seeking a court order for removal of the nuisance.

This personal case was filed under section 136 of the Criminal Procedure Code where people are permitted to file complaints directly to a Magistrate without the prosecution.

The case was put off for April 5.

Wimal Weerawansa's bail refused

By Shehan Chamika Silva

After considering the exceptional circumstances put forward by the defence, Colombo Fort Magistrate Lanka Jayaratne refused to grant bail on former minister and MP Wimal Weerawansa. 

The Magistrate further remanded him till April 3. 

Former minister Wimal Weerawansa was arrested by the FCID on the allegation 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. 

Earlier, second suspect, former DGM at SEC, Samantha Lokuhannadige who was arrested with Mr. Weerawansa, was released on bail by the Magistrate.

The FCID inquired the allegations upon a complaint received by the former Charman 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.

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.

However, Mr. Weerawansa had also filed a revision bail application in Colombo High Court to revise the remand order given by the Fort Magistrate.