Racing Sensation Denied Anticipatory Bail

  • Japanese Millionaire alleges Dilantha owes USD 320,000 for Lamborghini
  • Dilantha Malagamuwa must Surrender to Court on return from Malaysia
  • “String of Legal Battles” blocks Dilantha from ‘Driving Off’

By Faraz Shauketaly

Dilantha Malagamuwa with the Lamborghini – a USD 320,000 question mark, Instruction to NDB transferring USD 320,000 for Lamborghini and Email from Dilantha confirming USD 320,000

Sri Lanka’s lone motor car racing star Dilantha Malagamuwa was refused anticipatory bail by a Colombo Court and asked to surrender to Court on his return to the country.
Earlier the Sri Lanka Police had named him as a suspect in a matter popularly known as the “SIVAJOTHI” case where a Japanese national Yoshiyuki Hayashi alleges that he was defrauded of an amount of Rs 68.4 Million (US$ 600,000). The Japanese multi-millionaire, who acknowledges that he speaks only Japanese and has no knowledge of the English and Sinhalese languages, has a number of cases instituted against various Sri Lankans including his one time confidante and associate, the Sri Lankan motor racing star Dilantha Malagamuwa.
Malagamuwa is expected to participate at the ‘Colombo Night Races’ on December 16 and 17. It is widely expected that he will race in a Lamborghini sports car. The car itself is at the centre of allegations made by the Japanese millionaire who is also an acknowledged classic and racing car enthusiast. In documents seen by The Sunday Leader, Dilantha Malagamuwa appears to have asked for a loan from Hayashi San, to purchase the Lamborghini. Hayashi readily obliges as he is assured that Dilantha will settle the loan within one month.  Hayashi’s bankers transferred the USD 320,000 (Rs 36.4 Million) directly to Reiter Engineering the suppliers of the Lamborghini car. Other press reports have quoted Dilantha as saying that Hayashi is ‘sponsoring’ him with the Lamborghini. Hayashi however asserts that his involvement is not that of a sponsor but rather as someone who gave Dilantha a loan to purchase the car. In e-mails seen by The Sunday Leader, Dilantha reassures Hayashi of repayment – even if he has to ‘sell the gems’.
Dilantha Malagamuwa’s legal battles appear to be hitting him as fast as he drives away on the track: in a matter heard by the Colombo High Court a civil case has been instituted against him alleging that he was party to a fraudulent transfer of shares, depriving the Japanese millionaire of his rightful stake in Central Hill Plantations, the owners of the ‘Monte Cristo’  Estate. The fraud alleged in this case stands at Rs 65 Million.  Hayashi claims that in spite of his instructions asking that the shares be registered showing him as the beneficial owner, those instructions were violated and that the beneficial ownership was registered to Dilantha Malagamuwa and others.
In a related matter, the Kurunegala Magistrates are hearing the criminal aspect of this same case, where the shares had been deprived from Hayashi. In this matter Sri Lanka Police did not object to the granting of anticipatory bail to Malagamuwa as investigations had not been completed. Nevertheless Malagamuwa was enlarged on bail of Rs 5 Million in cash and two government servants standing as personal sureties.
In another matter where investigations are ongoing, Hayashi has complained that a sum in excess of Rs 200 Million (USD 2 Million) is missing from his bank account maintained at the NDB bank in Kurunegala. He had repeatedly requested for his statements but suspicion has been aroused when it transpired that he did not receive his statements in the usual manner and frequency. In a strongly worded letter to his local Bank Manager, Hayashi warned that unless his statements were made available, he would complain to President Rajapaksa in his capacity as the Minister of Finance.
In a separate matter altogether Dilantha Malagamuwa is cited in a case being heard by the Magistrates in Nawalapitiya.  The matter relates to the ‘fraudulent’ occupation of the Monte Cristo Estate for which purchase Yoshiyuki Hayashi had remitted the funds.
Tragedy and controversy has plagued the Malagamuwa family for some years: Dilantha Malagamuwa’s father was murdered on the family estate by a Security Guard who was in their employ. Dilantha Malagamuwa and his mother were asked to leave a house they occupied but which was owned by the deceased President’s Counsel Eardley Perera’s son in law. Again the matter ended up in Court, this time round it was the Kurunegala District Court who ultimately issued the necessary order for the Malagamuwa’s to give the property up to the control of its rightful owners.
Whilst Malagamuwa appears to be quite familiar with the controversy and legal battles, legal analysts congratulated the latest order from the Colombo Courts which refused the anticipatory bail application made by Malagamuwa. Analysts said that if he was granted anticipatory bail, the possibility of ‘justice being seen to be done’ would be a remote possibility as Malagamuwa may well have left the country after the Night Races. However, with the “present order,” which was to refuse anticipatory bail and to order that Malagamuwa surrender to Court upon his return, the Magistrate has ensured that justice will be given a chance”. In this instance the Magistrate obtained a “reassurance” from legal counsel representing Malagamuwa that he will be in Court on the December 14. However, our legal analyst was of the view that even if Malagamuwa did not appear the Counsel would have lost his ‘standing’ and would be “dimly viewed by the legal establishment’.  The Magistrate will revisit the application for bail once he surrenders to Court. The previous order to the Controller of Immigration asking that Court be noticed upon his arrival was vacated as the new order made the previous instructions redundant. Some had falsely claimed that this was tantamount to “lifting travel restrictions” which was patently not the case.
It is not immediately clear whether Malagamuwa would risk fate, the law and the wrath of Yoshyushi Hayashi by bringing the Lamborghini to Sri Lanka where it will almost certainly become the focus of attention by those representing Hayashi.  On the other hand Malagamuwa may well be relying on the informal largesse of the Colombo Night Race organisers to extricate him from any further legal manoeuvres that may befall him.

Dilantha’s Abusive And Threatening Response To The Sunday Leader…

Another great Sri lankan. (Sic) Thank you is this what you give me for all my hard work I have done for Sri Lanka.
I know you guys will sell even your mother for an article to get famous. You have the freedom to write any thing but if there is anything not correct I will sue you. Listen to both parties. I think your parents must have brought you up to be a honest person and to work with good conscience.

Take care
God bless you.
Sent via BlackBerry from Maxis

11 Comments for “Racing Sensation Denied Anticipatory Bail”

  1. love2be1traitor

    Is Dilantha Malagamuwa from hambantota? if so, y dont our raja family pay his loans?
    y everyone say they did that for sri lanka n this for sri lanka while all they did was to help their personal career? racing is basically more of a hobby for the rich than a sports.
    i will agree, guys who played cricket for sri lanka before 1996, did it for country coz all they got for playing a test match was Rs2500. or susanthika jayasingha who had to buy her own shoe n run in olympics which the sri lankan crew went with her , has gone shopping during her event.

  2. this fellow is a cunning character try to be rich at any cost using fraudulent ways.early days he tried to import racing cars on duty free with support of politicians. he will end up with jail.

  3. sandman

    “Hard work for Sri Lanka !!!! ” better rephrase that to “hard work for myself” !!!!. It seems that Dilantha has been leading another secretive life. This article brings more insight to what he really is.

    • love2be1traitor

      Dilantha, i love this sentence, once he finish work for this amount, we will either sell the land, the gem collect money from jothi and finish the balance constrction so that you can earn money every month”. wow, such a sweet person dilantha, he will finish the work so the japanese guy can EARN EVERY MONTH? the japanese dude deserve to be cheated…lol moda japs.


      HIS EMAIL :

  4. Raymond Punchisingho

    While Hayashi San has been able to put his side of the story, Dilantha has through his email has not been able to either refute or contradict any of the allegations.

    It may be best served if he presented facts instead of questioning the journalist’s upbringing and threatening him. May be that the journalist too owes Dilantha a fair go.

    As for claims of the hard work done for Sri Lanka, enjoying what one does, is not in itself a great service to the country either, though car racing does generate some personal fame and income opportunities. The country owes him nothing. He and his family, owes it to the country, to live a decent and respectable life, without defrauding anybody, including his landlords.

  5. Daya Weerasinghe

    Malagamuwa’s are famous for all the bad reasons. Dilantha is a NO. 1 thug and a fraudster and so was his late father.The whole family are crooks.Just ask any one from Kurunegala.

  6. Donan

    It seems Japanese are yet to learn about how Sri Lankans **** wealthy businessmen. They should give sri lankans a trophy for that. sad thing is that it took almost 3 million dollars for the Japanese to understand what sri lankans are capable of.

  7. love2be1traitor

    the truth is no one, everyone has their personal motive n only WORK HARD FOR SRI LANKA if they earn money or fame from it.

    we dont have people like A. P. J. Abdul Kalam, who didnt marry,have kids or even buy a house for himself ,have been president of india. same with MANMOHAN SINGH. dont even own a house.

    only sri lankan i can think of, who died for his cause(not his country) is theelepan, a jaffna uni med student starve to death for his cause. everyone else including army commanders have personal motives(army commanders have US green card n their kids have luxury life style in US)


  8. sean

    may be a future PA Politician in the making…. if you are a rouge then its easy to do politics in the PA camp……hahaha

  9. dimitri

    as much as i do like the introspective articles on the sunday leader, i have personally seen how there is a little fabrication in EACH of their stories.

    take these stories with a grain of salt.

  10. TM P

    You say the Jap guy has NO understanding of English, but he can read English emails??????
    Dilantha’s personal life should not be brought in here. Also, do you seriously think anyone in the right mind will remit this kind of money just on an email? Balony! We must always report with a right mind…..not like the white flag issue…

Comments are closed

CG Colombo Gazette

Photo Gallery