Placing ‘Bond Report’ in court ‘illegal’: says Gamini Marapana PC

By Shehan Chamika Silva

Gamini Marapana PC who appeared for Arjun Aloysius and Kasun Palisena in the revision bail application filed before the Court of Appeal, today challenged the placing of ‘Bond report’ into the magisterial inquiry by the prosecution as it was inadmissible in court by law. Therefore, the materials, based on which the Fort Magistrate had given the bail order on suspects, cannot be regarded as evidence.


He was of the view that the insertion of the ‘bond report’ by the prosecution had prejudiced the court in a way of contaminating the magistrate’s mind against his clients to rebut the 'presumption of innocence' that his clients are entitled by the law.


At the onset of the submission, President’s Counsel Gamini Marapana who supported the revision bail application filed on behalf of Arjun Aloysius and Kasun Palisena, drew the court attention to consider over the repercussions sustained by his clients due to the Presidential Commission of Inquiry into the bond controversy as his client was almost tried by the Media.


Mr. Marapana was of the view that the prosecution in the magisterial inquiry had attempted to link the Public Property Act for a simple reason so that the Bail Act cannot be applied in the inquiry with regard to the suspects. He said it was clear abuse of law to lockup his client, as there was no danger of his client fleeing from the country.


Mr. Marapana reasoned that the 1982 Public Property Act (PPA) was introduced during a period where a lot of terrorist activities were prevalent and therefore it gave court the provision to safe guard the public properties by imposing heavy sanctions on culprits. He said that the PPA is now being used merely to lockup people by the prosecutions.


Mr. Marapana formulated his main legal argument in the backdrop of the legal concept of the Rule of Law considering the notion of the ‘presumption of innocence’.


Mr. Marapana challenged the inclusion of the Presidential Commission of Inquiry’s report on bond issue into the magisterial inquiry at the Fort Magistrate’s court by the prosecution.


He said, even though, the Attorney General can initiate criminal actions against individuals based on the materials transpired during the commission’s inquiry under the section 24 of the Commission’s inquiry Act, the materials of the Commission cannot be regarded as evidence in the court proceedings.


Elaborating on the legal nature of such Commissions, Mr. Marapana was of the view that commission’s materials are inadmissible in the court of law as commissions are not identified as judicial or quasi judicial body by the law.


Citing several previous Supreme Court judgments in connection with the nature of such commissions’ reports and recommendations, he said ‘a report of a Commission’ will not be regarded as evidence in any court according to the law. Thereby, he challenged prosecution placing the ‘Bond report’ into the magisterial inquiry and said ‘placing the report it self is illegal’.


He contested that the material (bond report) on which the Magistrate had given the bail order is inadmissible in court since, the report of a commission cannot be taken as evidence in court according to the law.


Citing several precedents, Mr. Marapana argued that commission’s recommendations have no consequential effect in nature; hence its findings or the report has no legal or binding effect by the court of law.


 ‘The reason behind placing bond commission’s report in Magistrate’s court by the state (prosecution) was to prejudice the court contaminating the mind of the Judge against the suspects’ Mr. Marapana said.


 He also said that the Magistrate in her bail order had also quoted the bond report frequently by citing various findings of the Commission’s inquiry, hence, the illegal inclusion of the bond report had flawed the entire magisterial inquiry.


 Mr. Marapana in his submission also contested the inclusion of the Public Property Act into the incident. He said that under the PPA, the public property is identified as a movable property, however, the allegations levelled against Arjuna Mahendran was in respect of criminally misappropriating and breaching the trust over a ‘duty’ assigned upon him (duty to collect borrowings for the government), therefore, the offence doesn’t fall under the Public Property Act.


Thereby, he requested the court to issue notices to the respondents of the revision petition and also requested for an interim relief to be given granting bail for his clients.


 In the meantime, Additional Solicitor General Yasantha Kodgoda PC was also present in the court of appeal while Mr. Marapana was submitting his arguments and addressing the court, ASG Kodagoda said that he also wishes to reply petitioner’s submission as it was relating to the legality of the magisterial inquiry and also wishes to apprise on the legal jurisdiction of the court to hear the petition.


However, at that moment,  the court was running out of time, hence, bench comprising Justice Shiran Gunaratne and Prithi Padman Surasena (President) re-fixed the further submission for May 18, 2018.


President’s Counsel Gamini Marapana and President’s Counsel Kalinga Indatissa appeared for the petitioners.


Earlier, the Fort Magistrate remanded the suspects considering the allegations levelled against them under the Public Property Act. And later, the suspects went to the High Court as the magistrate cannot release them on bail as per the PPA, where one who misappropriated public property causing more than Rs. 25, 000 damage to the state has no bail relief unless exceptional circumstances or by a high court judge.


However, Colombo High Court also refused to grant bail on suspects set a siding the suspects’ petitions. As a result, the suspects filed a revision bail petition in Court of Appeal to revise the bail order of the Magistrate and the decision of the High Court.

Arrest warrant issued on Mahendran

- Sufficient grounds to believe suspect absconding: Fort Magistrate

- Aloysius and Palisena re-remanded till March 29

By Shehan Chamika Silva

Drawing the consideration based on the sufficient materials filed in court, Fort Magistrate Lanka Jayaratne yesterday issued an arrest warrant on former CBSL Governor Arjuna Lakshman Mahendran as he seems to be absconding the court and unlikely to be obeyed with further court notices that to appear before the CID.

The Prosecution stated court that it had taken sufficient steps appropriately to inform the suspect who is residing in Singapore about the court order that to appear before the CID. Therefore they said there are enough grounds to believe that suspect Mahendran is absconding the court hence an arrest warrant be issued against him.

In compliance with the Criminal Procedure Code. the Magistrate before issuing the warrant,directed the prosecution to lead evidence of the CID official Sanjeewani Keppettige IP, who dealt with process of sending notices to Mahendran,

Magistrate Lanka Jayaratne observed the fact that the prosecution had leveled allegations against suspect Mahendran under the Public Property Act and the Penal Code based sufficient materials and that the court can issue an arrest warrant against the suspect under the section 63 of the Criminal Procedure Code before the suspect being charged (giving a charge sheet to suspects) in the magisterial inquiry.

The Magistrate also considered the facts that daughter of the first suspect (Mahendran) in a statement had said that his father was aware about the notice and that second suspect Aloysius is also the son in law of Mahendran hence the court has sufficient grounds to believe that the suspect was aware of the notice.

Subsequently, an arrest warrant issued in both Sinhalese language ( to be used locally) and English language ( to be used internationally).

Filing a further report in Court, the prosecution sought several court orders to intensify the magisterial inquiry conducted over the misappropriation took place during the Treasury-Bond auction held on February 27, 2015.

Acceding the prosecution's request the Magistrate issued court orders to the relevant authorities of Etisalat, Dialog, Mobitel and Telecom service providers to provide communication details pertaining to several concerning individuals mentioned in the B report by the prosecution.

The prosecution requested the Court to send a notice to the relevant authority of the Perpetual Treasuries Ltd (PTL) to send a representative on behalf of the company which is also made liable and the third suspect in the inquiry for the offences commttied under the Registered Stocks and Securities Ordinance as it was required under the section 261 of the Criminal Procedure Code.

However, Counsel Jeewantha Jayathilake who appeared for the defense stated that fourth suspect Kasun Palisena who is the Chief Executive Officer of the PTL can represent the company as well.

Additional Solicitor General Yasantha Kodagoda PC who appeared for the prosecution objected that and held that Kasun Palisena is already a remanded suspect to the inquiry and in the event if he represents the PTL too, there could be possible impediments to the inquiry in a way of conflict of interest.

The Magistrate however decided to peruse the legal aspect of the situation further and fixed the order to be delivered on next hearing.

The prosecution also requested the court to direct suspects Kasun Palisena and Arjun Aloysius to provide a comprehensive report on their assets in expectation of identify the final destinations of the illegal profits gained by the PTL in Bond transactions.

However, Counsel Jayathilake objected to it and maintained that his clients are not Government Officials who should give such declarations hence not legally bound to do so.

ASG Kodagoda PC said that the prosecution requires only a report on suspects' assets and that report would not be even used as evidence in the inquiry since the prosecution needs only to identify the certain assets owned by the suspects.

ASG Kodagoda however informed the court that the prosecution had identified a Rs. 150 million fixed deposit of WM & Mendis being lifted very recently by a private bank to over draw its credits. He said This transaction took place because the previous prevention order given on transferring assets of Perpetual Group did not included the fixed deposits owned by the other associated companies. ASG Kodagoda also said it was very important to identify the current form of the money that PTL gained illegally.

The Magistrate fixed the next date to deliver an order on the request.

Meanwhile, the Perpetual Treasuries Ltd owner Arjun Aloysius and its CEO Kasun Palisena were ordered to be re-remanded till March 29 by Fort Magistrate Lanka Jayaratne over the magisterial inquiry in which they were accused of abetting and conspiring with Arjuna Mahendran to misappropriate public funds worth Rs. 688 million during the Bond auction held on February 27, 2015.

The Prosecution alleged that Arjuna Mahendran as the main responsible figure in CBSL (former Governor) upon whom the element of entrust of the Government securities was assigned with as per the Monetary Law Act had failed to exercise his duty to raise borrowings to the Government on 'least cost' as he had associated with his son in laws company by providing price sensitive information.

Therefore the Prosecution leveled allegations against the former governor under the sections 386 and 388 of the Penal Code over criminal misappropriation and criminal breach of trust.

The prosecution also leveled charges against Arjuna Mahendran under the sections 8(1) and 5(1) of the Public Property Act over the misappropriation of public funds (in this case government securities).

The Perpetual Treasuries Ltd owner Arjun Aloysius and its CEO Kasun Palisena were also made liable under the Public Property Act and the Penal Code for abetting and conspiring with Mahendran to misappropriate the public funds.

It was explained that a Magistrate cannot release them on bail as per section 5 and 8(1) 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.

The prosecution also leveled allegations against ‘Perpetual Treasuries Ltd’, Arjun Aloysius and Kasun Palisena for engaging in illegal ‘insider dealing’ by obtaining price sensitive inside information, which is deemed to be a punishable and prohibited conduct under section 56 (1) of the Registered Stocks and Securities Ordinance and the Code of Conduct for Primary Dealers by the CBSL. (Punishment was five years of imprisonment).

They alleged that Arjuna Mahendran had also helped PTL to get insider information and therefore made him also liable under the offence of ‘Abetment’ for ‘insider dealing’ under the Penal Code.

The Fort Magistrate says Mahendran still has time till March 8 to report to the CID

 -Issuing necessary Court orders on Mahendran could be considered if he fails to report  the CID, says the Magistrate

 

-Aloysius suffering from a skin condition and a urine infection at the remand prison says defense Counsel

 

-Aloysius, Palisena re-remanded till March 15

 

By Shehan Chamika Silva 

 

Fort Magistrate Lanka Jayaratne yesterday observed that the issuance of a special Court order on Central Bank's former governor Arjuna Lakshman Mahendran was not required because he has till March 8 to report to the CID.

She said such move would be considered if he fails to report to the CID at least by that date.

Deputy Solicitor General Haripriya Jayasundara prosecuting, informed Court that the order issued on Mr. Mahendran was not carried out because the Singapore courier service was unable to locate him at his current address in that country.

He said however, the courier service had thereafter dialled Mr. Mahendran's mobile phone number and the person answering the phone identified himself as Lakshman said he was returning to Singapore on March 30.

The DSG sought a court order to permitting the CID to record more statements from Arjun Aloysius and Kasun Palisena because they had reported sick on the previous occasion.

He also requested Court to direct Perpetual Treasuries Ltd (PTL) to send a company representative to Court as it was liable for the offences committed under the Registered Stocks and Securities Ordinance and that under Section 261 of the Criminal Procedure Code the company should be represented during the inquiry.

President's Counsel Kalinga Indatissa who appeared for the defense undertook to have a company representative in Court at the next hearing.

Meanwhile, Counsel Jeewantha Jayathilake appearing for Mr. Aloysius informed Court that his client was suffering from a bad skin condition and a urine infection and as such request Court to direct the prison authorities to produce Mr. Aloysius before a prison doctor or a suitable medical officer.

He said because of media pressure the prison authorities appear reluctant to allow his client medical attention.

However, the Magistrate said under a Judicial Services Commission circular, the Court could not issue such orders with reference to a suspect's medical condition and directed the prison authorities to consider Mr. Aloysius' request and produce him before a suitable medical officer.  

The Magistrate also permitted the CID to record further statements of the suspects inside the remand prison.

 

Meanwhile, Perpetual Treasuries Ltd owner Arjun Aloysius and its CEO Kasun Palisena were ordered to be re-remanded till March 15 by Fort Magistrate Lanka Jayaratne over the magisterial inquiry in which they were accused of abetting and conspiring with Arjuna Mahendran to misappropriate public funds worth Rs. 688 million during the Bond auction held on February 27, 2015.

 

The Prosecution alleged that Arjuna Mahendran as the main responsible figure in CBSL (former Governor) upon whom the element of entrust of the Government securities was assigned with as per the Monetary Law Act had failed to exercise his duty to raise borrowings to the Government on 'least cost' as he had associated with his son in laws company by providing price sensitive information.

 

Therefore the Prosecution leveled allegations against the former governor under the sections 386 and 388 of the Penal Code over criminal misappropriation and criminal breach of trust.

 

The prosecution also levelled charges against Arjuna Mahendran under the sections 8(1) and 5(1) of the Public Property Act over the misappropriation of public funds (in this case government securities).

 

The Perpetual Treasuries Ltd owner Arjun Aloysius and its CEO Kasun Palisena were also made liable under the Public Property Act and the Penal Code for abetting and conspiring with Mahendran to misappropriate the public funds. 

 

It was explained that a Magistrate cannot release them on bail as per section 5 and 8(1) 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.

 

The prosecution also leveled allegations against ‘Perpetual Treasuries Ltd’, Arjun Aloysius and Kasun Palisena for engaging in illegal ‘insider dealing’ by obtaining price-sensitive inside information, which is deemed to be a punishable and prohibited conduct under section 56 (1) of the Registered Stocks and Securities Ordinance and the Code of Conduct for Primary Dealers by the CBSL. (Punishment was five years of imprisonment). 

 

They alleged that Arjuna Mahendran had also helped PTL to get insider information and therefore made him also liable for the offence of ‘Abetment’ for ‘insider dealing’ under the Penal Code.

 

Crucial evidence uncovered on Lasanatha's murder

By Shehan Chamika Silva

Slain journalist Lasantha wickramatunge had noted down the registration numbers of motor bikes, on his scrap book, while he was followed by those motor bikes before he was shot, said the CID at the court today.

Based on the statements given by the second suspect Sugathapala who was the crime OIC of Mount Lavinia Police and currently in remand custody, the CID said that the suspect had found the scrap-book from the vehicle of deceased wickramatunge at the crime scene.

However, under the instructions of then DIG Prasanna Nanayakkara who was in charge of Mount Lavinia Police, the second suspect sugathapala had handed over the original scrap book to the DIG and removed the pages of his police information book on which he included the details about his finding of a scrap-book of Lasantha Wickramatunge.

The CID said that suspect Sugathapala had included the registration numbers that he abstracted from the Lasantha's scrap-book on his police information book and photocopied the page before it was removed under the instructions of then DIG Nanayakkara.

The photocopy is currently under the custody of the CID officers, said Inspector of Police Nishantha Silva.

Meanwhile, Former Senior Deputy Inspector General of Police (SDIG) Prasanna Nanayakkara who was arrested for allegedly concealing and destructing the evidence of the initial investigation into the  murder of former Sunday Leader Editor Lasantha Wickrematunga, was ordered to be remanded till February 16, 2018 by Mount Lavinia Magistrate Mohammed Mihar.

CID names Mahendran, Aloysius, Palisena, PTL as suspects

* SASG Yasantha Kodagoda appearing for the CID obtained 9 orders based on the initial 'B' Report

* Allegations against Mahendran - Criminal misappropriation, Criminal breach of trust and conspiring and abetting to ‘insider dealing’ (Penal Code and Public Property Act)

* Allegations against Aloysius – Conspiracy to Criminal misappropriation and Criminal breach of trust, illegal insider dealing and abetment (Penal Code, Public Property Act, Code of Conduct for Primary Dealers and Registered Stocks and Securities Ordinance)

* Allegations against Palisena – Illegal insider dealing, Conspiring and abetting to illegal insider dealing (Penal Code, Public Property Act, Code of Conduct for Primary Dealers and Registered Stocks and Securities Ordinance)

By Shehan Chamika Silva

Filing the first ‘B’ report in Court on its investigation into the CB bond scam, the CID yesterday cited former Central Bank Governor Arjuna Mahendran, Perpetual Treasuries Ltd., (PTL) owner Arjun Aloysius, PTL Chief Executive Officer Kasun Palisena and PTL as suspects in the main magisterial inquiry.

Appearing for the CID, Senior Additional Solicitor General Yasantha Kodagoda PC told Court that the facts presented in the report were based on the prima facie appearance of the material investigated so far by the CID.

SASG Kodagoda said once the prosecution found suspects liable, in connection with the allegations, beyond reasonable doubt, the CID was legally obliged to arrest and produce the suspects in Court in due course.

CID in its report stated that Arjuna Mahendran was liable in connection with an estimated Rs.688 million financial loss caused to the Government at bond auction on February 27, 2015.

It levelled criminal charges against Arjuna Mahendran on two counts, ‘Criminal Breach of Trust’ and ‘Criminal Misappropriation’ by way of deliberate violation of the due process at the Central Bank and causing a huge financial loss to the Government.

Above allegations were levelled under the Section 5(1) of the Public Property Act, and Section 386/389/391 of the Penal Code.

PTL's de facto owner Arjun Aloysius was also made liable for ‘Conspiring’ to commit the two offences of Criminal Breach of Trust and Criminal Misappropriation with Arjuna Mahendran at the bond auction on February 27, 2015 under Section 113(a), 386, 389 and 391 of the Penal Code and the Section 5(1) of the Public Property Act.
The CID also made Arjun Aloysius and PTL CEO Kasun Palisena liable in the bond issue under the offence of ‘Abetment’ (Section 102 of the Penal Code).

‘Perpetual Treasuries Ltd’ (Arjun Aloysius and Kasun Palisena) were also made liable by the CID for engaging in illegal ‘insider dealing’ by obtaining price sensitive inside information, which is deemed to be a punishable and prohibited conduct under Section 56 (1) of the Registered Stocks and Securities Ordinance and the Code of Conduct for Primary Dealers by the CBSL. (Liable to five years of imprisonment).

In the 'B' report, the CID alleged that Arjuna Mahendran had also helped PTL to get insider information and therefore made him also liable under the offence of ‘Abetment’ for ‘insider dealing’.

On behalf of the CID, SASG Kodagoda PC also sought nine Court orders pertaining to the further magisterial inquiry of the CID under the Section 124 of the Criminal Procedure Code.

Acceding to all requests, Colombo Fort Magistrate Lanka Jayaratne imposed a foreign travel ban on Arjun Aloysius and directed the Immigration Department to inform the CID no sooner Arjuna Mahendran arrives in Sri Lanka. It was revealed that Mr. Mahendran, who is a Singapore citizen was currently residing in there.

SASG Kodagoda sought a court order to direct the Monetary Board not to lift its suspension order on two RTGS accounts in which PTL as a primary dealer transacted in the Primary and Secondary Markets in Government securities. Those two RTGS accounts has a balance of Rs.9.1 billion belonging to PTL.

The Fort Magistrate also ordered two PTL officials -- W. Jesudasan and Finance Manager N. Nadeeka Dilhani to hand over the initial documents pertaining to the bond transactions to the CID with no further delay.

The Magistrate also made a special order suspending PTL from the transfer, the sale, gifting, investing or transacting using its assets or funds with any party. 

The Magistrate made this order based on the prosecution’s observation that there is a possibility of moving the PTL’s assets to third parties to forestall any potential future legal confiscation.

Acceding to the CID’ s request to question Arjuna Mahendran over the allegations, the Fort Magistrate ordered Mahendran to report to the CID before February 15, 2018 and directed that the court order be sent via Singapore International Police to Mr. Mahendran's residence.

Court also directed PTL officials -- W. Jesudasan and Finance Manager N. Nadeeka Dilhani to provide the relevant detailed documents pertaining to every primary and secondary market bond transaction of PTL to the CID with immediate effect.

SASG Kodagoda also sought court orders to obtain a detailed list of PTL’s acquisition of assets using the profits gained in bond transactions in the recent past.

SASG Kodagoda told court, “People were involved in colluding not due to their generosity towards PTL, but as they had been bribed to do so.”

The Fort Magistrate also directed the secretary of the Presidential Commission of Inquiry, to provide all collected materials (phones and computers) it had obtained during its inquiry and investigation to the CID for further magisterial inquiry.

A Court order was also issued to the CBSL Governor, Non Banking Financial Institutions Supervision Director and the Director of the CBSL Financial Intelligence Unit to prepare a comprehensive forensic report on the bond transactions since February 27, 2015 to date and hand it over to the CID without delay.

Senior Additional Solicitor General Yasantha Kodagoda, Deputy Solicitor General Haripriya Jayasundara, Senior State Counsel Lakmini Girihagama, Director of the CID Shani Abeysekara, Deputy Director SP Ampavila and SI Jayaweera appeared for the prosecution.

‘Court Orders given by the Fort Magistrate Lanka Jayaratne’

- Foreign travel ban on Arjun Aloysius

- Directs Immigration Department to inform the CID about Arjuna Mahendran upon his arrival in Sri Lanka

- Monetary Board directed not to lift its suspension order on two RTGS accounts in which PTL as a primary dealer transacted in Primary Market and the Secondary Market in Government securities

- Officials of PTL ordered to hand over the initial documents pertaining to Bond transactions to the CID with no deliberate further delay

- Special order suspending PTL from transfer, sale, gift, investment or transacting its assets or funds with any party

- Mahendran ordered to appear before the CID before February 15, 2018 and the notice about the court order to be sent via Singapore International Police to the residence of Mahendran

- Officials of PTL directed to provide the relevant detailed documents pertaining to every primary and secondary market bond transaction of PTL to the CID with immediate effect

-Order to obtain a detailed list of PTL’s acquisition of assets using the profits gained in bond transactions during February 2015 to March 2016

- Secretary of the Presidential Commission of Bond Inquiry, directed to provide all collected material (phones and computers) at the Commission’s inquiry to the CID for further magisterial inquiry

- CBSL ordered to prepare a comprehensive forensic report on the bond transactions since February 27, 2015 to date and hand it over to the CID without delay.

Malaka Silva's arrest warrant recalled

By Shehan Chamika Silva

Colombo Additional Magistrate  Dharshika Wimalasiri yestrrday recalled arrest warrant issued against former Minister Mervyn Silva's son Malaka Silva.

The suspect surrendered before court and tendered medical report over his absence before court on last court proceedings in the ongoing case involving an incident where he had allegedly assaulted on a Scottish couple at a nightclub in Colombo 2014.

On the last occasion Suspect Malaka Silva did not turn up for the case proceedings and the Magistrate issued an arrest warrant on the suspect for not appearing before Court property.

The further Magisterial inquiry was postponed for March 6.

Court directed to prevent sale of Udayanga's properties found by FCID

By Shehan Chamika Silva

Fort Magistrate Lanka Jayaratne today made a direction to prevent possible sale of Udayanga Weeratunga's properties found by FCID recently.

The direction was made to Aththanagalle land registrar over two properties found in Dompe area and Colombo land registrar over an apartment identified in Trillium residencies Borella.

The FCID on the last ocassion informed Court that it had identified over Rs. 70 million worth properties belonging to former ambassador Udayanga Weerathunga in Sri Lanka during the inquiry conducted into financial lost caused to the government when purchasing four Ukraine- built MIG 27 aircrafts in 2006.

Filing a further report in Court, FCID IP Nihal Francis revealed about two lands - 7 acres in extent worth of Rs. 40 million and 1 acre land worth of Rs. 5 million in Dompe area- and a luxury apartment (Trillium Residencies) owned by Mr. Weeratunga in Borella area worth of Rs. 25 million.

The FCID sought court direction on the land registrar to prevent possible sale of those identified properties immediately.

In the meantime, acceding the FCID’s request the Magistrate permitted the prosecution to obtain certain bank details from several banks regarding a suspicious fund transaction of Udayanga Weeratunaga amounting to Rs. 20 million. 

Frm Chief Justice Mohan Peiris charged for corruption

-BC files corruption case
-CCM notices suspects to be appeared before court on March 8

By Shehan Chamika Silva

Bribery Commission today filed a corruption case against Mohan Peiris (former Chief Justice and former Attorney General), A.H.M.D. Navas (former Solicitor General and current Court of Appeal Justice) and M.M.C. Ferdinandes (former Secretary of Lanka Electricity Company) in Colombo Chief Magistrate's Court.

The case was filed against the three suspects over preparing a wrongful Attorney General's opinion to avoid taking criminal investigation on irregularities and corruption reported in land purchases for LECO during the time period of December 1 to 30, 2010 when Mohan Peiris was the Attorney General.

According to the Bribery Commission it was revealed that the Criminal Investigation Department (CID) had earlier initiated an investigation into the alleged irregularities at the LECO (Lanka Electricity Company). But the Secretary of the LECO had then sought the opinion of the Attorney General over the need of a criminal investigation on the matter.

Later the Attorney General's opinion received that there was no need of a criminal investigation on the matter. Bribery Commission said that the Attorney General’s opinion had wrongfully prevented the CID from continuing the investigation on the allegation at the LECO and certain alleged people, who had involved in the irregularities, being charged in a criminal case.

The Bribery Commission also stated that there were two Committees (Siripala Jayalath Committee 2009 and Ratnapala Dias Committee 2010) which had also scrutinized about the alleged irregularities in land purchases of LECO.

The Committees had also recommended criminal investigation on the matter but the Attorney General's opinion had disregarded those committee recommendations and decided no need of criminal investigation over the allegation, stated Bribery Commission.

Bribery Commission filed charges against the three suspects under Section 70 (Corruption) of the Bribery Act and Sections 102 (abetment) and 113 (a) (Conspiracy) of the Penal Code.

Colombo Chief Magistrate Lal Ranasinghe Bandara noticed the suspects to appear before courts on March 8 over the case.

FCID traces 94 Mn worth Udayanga Weerathunga’s properties in SL

By Shehan Chamika Silva

The FCID today informed Court that it had identified Rs. 94 million worth properties belonged to former ambassador Udayanga Weerathunga in Sri Lanka during the inquiry conducted into financial lost caused to the government when purchasing four Ukraine- built MIG 27 aircrafts in 2006.

Filing a further report in Court, FCID IP Nihal Francis revealed about two lands - 8 acres in extent worth of Rs. 40 million and 1 acre land worth of Rs. 25 million in Dompe area- and a luxury apartment (Trillium Residencies) owned by Mr. Weeratunga in Borella area worth of Rs. 29 million.

The FCID sought court direction on the land registrar to prevent possible sale of those identified properties immediately.

However, Colombo Fort Magistrate Lanka Jayaratne will consider the request of the FCID to hold the sale of properties today (January 19).

In the meantime, acceding the FCID’s request the Magistrate permitted the prosecution to obtain certain bank details from several banks regarding a suspicious fund transaction of Udayanga Weeratunaga amounting to Rs. 20 million.

Heated argument between Judge and Defense Counsel during adjournment of DKP Dassanayake's bail application

By Shehan Chamika Silva
A heated argument arose between Counsel Maithri Gunaratne and High Court Judge A.A.R. Heiyantuduwa after the court ordered to adjourn the consideration of revision bail applications filed on behalf of former Navy spokesman Commander D.K.P. Dasanayake and five others, who were currently in remand custody over the alleged disappearances of 11 youths in 2008.

The revision bail applications were yesterday supposed to be considered before the Colombo High Court Number 1, where Colombo Chief High Court Judge Manilal Waidyathilake was presiding.

However, Colombo High Court Judge A.A.R. Heiyantuduwa, who was taking the chair at Court number 2, came up to take over previously scheduled 57 cases at the Court number 1 in the absence of Chief High Court Judge Manilal Waidyathilake.

When the revision application of D.KP. Dasanayake was taken up for consideration; Counsel Maithri Gunaratne who appeared on behalf of Navy Commander Dasanayake began to make his submission. However, Judge Heiyantuduwa said that he will postpone the case as the permanent judge was absent.

The High Court number 1 Mudliar (interpreter) then said that the nearest date that could be provided was in the second week of January and subsequently, the Judge went on to postpone the case till January.

At this moment, a heated argument arose as Counsel Gunaratne did not accept the stance of the Judge to postpone the case till January and asked for a much earlier date in late December.

Criticizing the attitude and the manner in which the Judge had decided to postpone the case, Counsel Gunaratne in a high tone of voice reprimanded the Judge that it was a total injustice to the fundamental rights of citizens in the country.

Judge Heiyantuduwa also arguing in a strict manner said that he cannot accommodate the request as there was no date available in the month of December.

However, after this heated argument, the Counsel left the Court room criticizing the Judge and within a few minutes he again came inside the court room.

At this moment, Judge Heiyantuduwa asked Counsel Gunaratne and Senior State Counsel Janaka Bandara to make relevant submissions for the record regarding the adjournment of the consideration of revision applications.

Counsel Gunaratne said that it was the second time that the consideration of the revision application was postponed and therefore he requested the court to call the case before the permanent Judge prior to the December vacation starts.

Speaking on the behavior of Counsel Gunaratene, Senior State Counsel Janaka Bandara said that in the previous date when the matter was taken up for consideration the permanent Judge was in the hospital and yesterday it was said that the Judge was not on duty due to a personal reason.

SSC Janaka Bandara also commenting on the magisterial inquiry against the suspect said that it was not an ordinary allegation but an investigation about disappearances of eleven youths who were not even LTTE supporters.

“We are mindful of the fact about people who had served the nation, but that does not mean that they received licenses to abduct innocent people to demand ransoms. Investigation is still going on and much revealing evidence is being filed into this inquiry. So it is not appropriate that counsel Gunaratne behave shouting at the Judge like a bull in a fish market”

Subsequently, Judge Heiyantuduwa was also of the view that he had not engaged in an inappropriate decision or to cause injustice to citizens as it was not his duty to consider the maters in the High Court number 1 and that he went on to postpone the case because there were no dates available in December according to the interpreter at Court number 1.

However, other Counsel appearing for the rest of the five suspects did not object to the adjournment of the cases and thereby, all revision applications were postponed for January 9, 2018.

Suspects, D.K.P. Dasanayake, Sumith Ranasinghe, Lakshman Udayakumara, Naleen Prasanna, Ihalagedara Dharmadasa and Pathiranage Dasanayake, who were in remand custody had filed revision bail applications in High Court, while suspect Prasad Hettiarachchi is evading the Magisterial inquiry and suspect Sampath Munasinghe is on bail.