Magistrate refuses to accept AG’s observations against prosecution counsel

Court Decision

Colombo Fort Magistrate Lanka Jayaratne yesterday refused to accept the Attorney General’s observations sent in a confidential letter on allegations against prosecution counsel in the bond issue inquiry when it was taken up yesterday.

Senior Additional Solicitor General Yasantha Kodagoda submitted the Attorney General’s observations in a confidential letter along with the observations of the CID and further report into the bond issue inquiry before the Magistrate.

The Attorney General’s and CID observations were on the allegations made by the defence in the case that a State Counsel and a Solicitor General demanded account details of W.M. Mendis Company related to the bond issue from Defence counsel Chandana Perera and threatened him to make a complaint against him before the CID if he refused.

The court was told on an earlier day by the witnesses that Chandana Perera asked them to give false evidence before court. On a later date the defence counsel in absentia of Attorney-at-Law Chandana Perera submitted before the Magistrate that the above said State Counsel and the Solicitor General demanded Chandana Perera to come to the Attorney General’s Department where he was was told to give them the account details of the W.M.Mendis Company. Senior Additional Solicitor General Yasantha Kodagoda submitted that he could not make a statement on the allegation and would make a submission later.

Additional Solicitor General Yasantha Kodagoda yesterday submitted the Attorney General’s observations in a confidential letter and the CID observations when the Magistrate observed that he could not accept confidential documents as there were no provisions to accept confidential reports. He added that he would declare his decision on acceptance of those documents on the next hearing.

However during the hearing a defense counsel submitted that the wife of Arjuna Aloysius had delivered their third baby and pleaded permission to show the photographs of Arjuna Aloysius’ new born baby to him. Then the Magistrate ordered the Prison officials to take Aloysius to the lawyers’ room to see those pictures.

The Magistrate also ordered Attorney Kolitha Darmawardena appearing on behalf of W.M.Mendis Company to submit his written submission on next calling date.

Two officials of the Digital Forensic Unit of the Government Analyst’s Department appeared before court yesterday.

Additional Solicitor General Yasantha Kodagoda further stated that the Court of Appeal yesterday dismissed the revision bail application of Aloysius and Palisena stating that petitioners had failed satisfy the Court to invoke revisionary powers of the Court under the Criminal Code Procedure.

On a previous occasion, Attorney-at-Law Jayathilake asked for an order to release the passport of Arjun Alosyious’s father Geoffery Joseph Aloysious’ passport due to Arjuna’s wife delivering their third baby in Singapore.

The Magistrate released his passport on a personal surety of Rs.10,000,000.

Perpetual Treasuries Limited (PTL) beneficiary owner Arjun Aloysius and its Chief Executive Officer Kasun Palisena, were yesterday ordered to be further remanded till October 25 by Magistrate Lanka Jayarathne.

Arjun Aloysius and Kasun Palisena were also re-remanded by the Fort Magistrate till October 25 over the parallel magisterial inquiry conducted relating to the Bond issue on deleting phone call data from Perpetual Treasuries’ voice recording system and fabricating evidence to the Bond Commission.

Senior Additional Solicitor General Yasantha Kodagoda, Senior Deputy Solicitor General Haripriya Jayasundara with Senior State Counsel Lakimini Girihagama appeared on behalf of the Attorney General’s Department.

(Source: Daily News – By Shavini Madhara)