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American
Express shoots down
Thilanga's defence
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"The
world is a dangerous place, not because of those who do evil, but
because of those who look on and do nothing about it." -
Albert Einstein
By
Frederica Jansz
A
major breakthrough was made last week in the case against Thilanga
Sumathipala, Chief, Sri Lanka Telecom and Sri Lanka Cricket. |
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American
Express Bank has informed the Criminal Investigations Department (CID)
in writing that an individual by the name of Buddhika Priyashantha
Godage did indeed draw Sterling Pounds 1,500 in travellers cheques in
May 1999 and encashed same in London that month.
Positive
identification
American
Express Bank in the United States has confirmed to the CID that the
travellers cheques were debited from the Hatton National Bank (HNB) in
Colombo and have given further details as to where exactly they were
cashed in the UK.
The
CID is now in the process of recording a statement from American Express
in Colombo on the receipt of the damning evidence.
Outgoing
CEO of the Cricket Board, Anura Tennekoon has also reportedly made an
illuminating statement.
The
real Buddhika Priyashantha Godage has already told the CID that he has
never owned a passport nor ever travelled overseas. He has also said he
does not know Thilanga Suamthipala. It has instead been proved by
documents traced through the Immigration and Emigration Department that
Dhammika Amarasinghe, the underworld leader - wanted for more than 50
murders - secured a forged passport
in the name of Buddhika Priyashantha Godage.
Mahinda
Godage alias Bada Mahinda who precipitated the investigation against
Sumathipala has positively identified to police the birth certificate of
his brother Buddhika Priyashantha Godage, as well as his brother's
national identity card which Mahinda says Dhammika used in 1997 to
obtain a passport.
In
December 1997, Dhammika Amarasinghe applied for a passport from the
Immigration and Emigration Department. He made his application on
December 28, 1997, by presenting an ID card, bearing no. 732161295V in
the name of Buddhika Priyashantha Godage. Dhammika also gave a copy of
Godage's birth certificate claiming it to be his own.
Dhammika
gave his address under the name of Buddhika Godage as residing at 431/1,
Pitakotte in Kotte. Under the category of profession he stated that he
is "unemployed."
Dhammika
however had to use his own passport size photograph for this purpose,
though all other details indicated him to be Buddhika Godage. His
signature on the application forms is in his own handwriting. He signed
the application forms in Sinhalese as B. Godage.
Dhammika
paid a sum of Rs. 3000 to the Immigration and Emigration Department on
December 28, 1997. He was issued a passport two days later on December
30, 1997 bearing number M1604462. It is this passport that Dhammika used
in the name of Buddhika Priyashantha Godage to travel to the UK in 1999
in order to watch World Cup Cricket.
And,
it is to this same passport holder that Thilanga Sumathipala together
with Lucien Merinnage and Subash Pathmaperuma at the Cricket Board
authorised the release of sterling pounds 1,500 from the Cricket Board
account at HNB.
Monies,
which the executive committee at the Cricket Board chaired by
Sumathipala, later, in March 2001, wrote off as a bad debt in the teeth
of the independent Jinadasa probe committee report which said the money
given to Godage was listed under the then President, Thilanga
Sumathipala though the identity of Godage could not be ascertained.
Now
it is all too clear why. 'Godage' to whom the money was released was
none other than Dhammika Amarasinghe the dreaded killer.
Sumathipala's
chief line of defence articulated by President's Counsel Rienzie
Arsecularatne has been that todate there is no evidence that Dhammika
Amarasinghe alias Buddhika Priyashantha Godage travelled to the UK in
May 1999 and used Sterling Pounds 1500 allocated from the Cricket Board.
The
evidence now with police, gathered from American Express Bank proves
beyond all doubt that the dreaded underworld killer indeed entered the
UK in 1999 on a forged passport with travellers cheques amounting to
Sterling Pounds 1,500 in his pocket which he cashed in London.
The
breakthrough was made after top cops at the CID
introduced a new team having realised that the previous
investigation team of sleuths led by SSP Samaratunge were bending to the
terrific influence wielded by Sumathipala by carrying out a half hearted
investigation.
In
fact the evidence gathered so far has mostly been that found by The
Sunday Leader and not by the team of investigative officers at the CID.
This scenario, CID bosses have decided must change and a fresh team of
officers have been appointed who lost no time in contacting American
Express Bank and Interpol to gather necessary evidence.
Other
material evidence is expected to be produced in court on January 8, to
take Sumathipala by surprise.
In
another significant development last week, President's Counsel Ananda
Wijeysekera confided to friends that he would not in future be appearing
for any case representing Thilanga Sumathipala. Belittled and humiliated
after having got Sumathipala discharged on a poya day, Wijeysekera has
said he knew nothing of the motion filed before the then acting
Magistrate Ananda Ganlatharachchi. According to Wijeysekera he had been
returning from Chilaw that fateful Unduwap poya day when he received a
telephone call. He claims that at approximately 2 p.m. he had received a
telephone call from Sumathipala saying, "Sir, I am going to
surrender - can you come now to the Colombo Magistrate's Court."
Wijeysekera
asserts he thereafter left Chilaw and arrived at the court house only to
find that Rienzie Arsecularatne had already presented a motion to
Ganlatharachchi who had accepted same.
Shamed
and ridiculed
Wijeysekera
has said he plans to remain overseas during the festive season intending
to return only on January 25, 2004. He will not be present in court on
January 8, he had told confidantes. He had asserted that he does not
intend to continue to represent Thilanga Sumathipala. Wijeysekera's
decision follows after a large number of lawyers began to distance
themselves from Wijeysekera after the poya day fiasco.
Meanwhile,
a host of lawyers including
top criminal lawyer, President's Counsel Daya Perera have signed a
petition to Chief Justice Sarath N. Silva and other judges of the
Supreme Court charging the two President's Counsel in this case, Rienzie
Arsecularatne and Ananda Wijeysekera with gross misconduct.
The
letter states that the two senior lawyers have abused their position as
attorneys at law in the matter concerning the discharge of Thilanga
Sumathipala by making submissions before acting Magistrate Ananda
Ganlatharachchi on December 8, 2003 which was a poya day and therefore a
public holiday.
The
letter maintains that the said act has caused the public to lose
confidence in all attorneys-at-law and more particularly in the Bar
Association of Sri Lanka (BASL).
The
reputation of the BASL, the lawyers assert, now stands tarnished by
virtue of the fact that Ananda Wijeysekera PC is also the current
President of the Bar Association of Sri Lanka.
"The
said Bar association of Sri Lanka is shamed and ridiculed by the said
Ananda Wijeysekera given that the BASL is also vested with the primary
duty of the disciplinary control of all attorneys-at-law through its
Professional Practices Committee of which Ananda Wijeysekera is
ex-officio chairman by virtue of his being the president of the
Association...." the letter states.
The
lawyers maintain that the situation is further aggravated by the fact
that Ananda Wijeysekera is also one of the nominees of the BASL to the
Council of Legal Education, which is the body that governs Sri Lanka Law
College - the only institution in Sri Lanka that regulates the admission
of attorneys-at-law.
The
lawyers assert that the sequence of events and the manner in which both
Arsecularatne and Wijeysekera have conducted themselves which resulted
in the subsequent discharge of Sumathipala has "disgraced the
entire profession." (See box for sequence of events in the
petition.)
Meantime,
on December 22, 2003, Transparency International Sri Lanka (TISL) also
issued a press release expressing concern with certain events that have
taken place in the criminal case involving the Chairman, Sri Lanka
Telecom and Sri Lanka Cricket.
The
statement maintains that "the case has raised several contentious
issues." and adds that "TISL views this case as
another example which highlights the fragile system of criminal
justice prevalent in Sri Lanka at present and the rapid deterioration of
the integrity of the legal profession and minor judiciary."
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The
two senior President's Counsels' path to shame
*
Chairman, Sri Lanka Telecom and President, Sri Lanka
Cricket Thilanga Sumathipala was reported to court on a
"B" report by the CID for aiding and abetting the first
suspect Dhammika Amarasinghe to leave the country to witness the
World Cup Cricket in London on a forged passport in 1999.
*
On December 4, 2003 the CID represented by Senior State
Counsel Shavindra Fernando and Vijith Malalgoda made an
application to the Chief Magistrate for the issuance of a warrant
to arrest Thilanga Sumathipala. The magistrate ordered that there
was no necessity to issue a warrant against the second suspect
Sumathipala but that the CID could, under the law, arrest and
produce the suspect in court.
*
On December 8, 2003 being a poya day, the said two
attorneys-at-law filed a motion before the acting magistrate
Ganlatharachchi to call the said case in order to make
submissions.
*
Upon the said motion being taken up, the actual case record
was not available to be called as the same was in custody of the
Chief Magistrate and the matter was therefore called on a flyleaf.
*
When submissions were made, Senior Counsel Ananda
Wijeysekera had marked the appearance of the counsel and Rienzie
Arsecularatne made submissions on behalf of the entire legal team,
with the permission of President's Counsel Ananda Wijeysekera, the
most senior of the counsel.
*
Accordingly, an order was made by Magistrate
Ganlatharachchi "releasing" the suspect.
*
The said order, which has shocked civil society, the legal
profession and the judiciary, contains the following features:
*
The same application was made by the same two President's
Counsel on December 4, 2003 which was interpartes before the Chief
Magistrate when senior State Counsel Shavindra Fernando and Vijith
Malalgoda appeared on behalf of the state.
*
On this date the Chief Magistrate made no order on the said
application on the basis that it was a premature stage as
investigations have not been completed against the suspect
Thilanga Sumathipala.
*
Three days later the same application was made by the said
two Presidents Counsel, namely, Ananda Wijeysekera and Rienzie
Arsecularatne, before the acting magistrate on the poya day.
*
The two President's Counsel were well aware that the Chief
Magistrate had already made an order on the same application.
*
The two President's Counsel was fully aware that no motions
are entertained on public holidays.
*
The two President's Counsel were well aware that even on
normal days there were certain rules that governed the motions,
namely that a motion has to be filed before 10.00 a.m. and also
that the prosecution must be given an opportunity to be present
and heard.
*
The two President's Counsel were well aware that an order
made by a judge could be vacated only by the same judge only on
the basis that it was an order made per incuriam.
*
The two President's Counsel were therefore well aware that
the acting magistrate could not have vacated or varied an order
made by the Chief Magistrate.
*
The two President's Counsel during the course of the
lengthy submissions made on the poya day made no disclosures on
the rules of court as set out above.
*
The two President's Counsel misled Magistrate
Ganlatharachchi and at their behest obtained an order discharging
the suspect knowing very well that he was not even charged as at
that moment.
*
The two President's Counsel were well aware that the case
record of this matter was kept in custody of the Chief Magistrate
and that making an application of this nature for a discharge of
the suspect was most unprofessional and violative of all norms of
professional conduct.
*
The two President's Counsel were well aware that the relief
that was sought from the Magistrate, A. Ganlatharachchi, could not
have been obtained from the Chief Magistrate as he had already
refused a similar application three days before.
*
* *
President
tells Thilanga to stay out
President
Chandrika Kumaratunga shut the door in Thilanga Sumathipala's face
after he tried to make overtures to preside at a function where
the President was to hand out certificates to children who had won
an arts competition.
The
competition had been sponsored by Mobitel of which Sumathipala is
chairman.The President was invited as chief guest for the function
to hand out certificates to the winners of the Rana Viru art
competition.
Sumathipala
was planning to attend in his capacity as Chairman, Mobitel which
company had sponsored the show. Kumaratunga however would have
none of it and Sumathipala received a terse message saying, -
"the President does not wish to see you."
Kumaratunga
meantime has called for the file on Sumathipala from the CID.
In
her capacity as the new Interior Minister, Kumaratunga has been
told that the CID were being remiss in their duties and carrying
out a lackadaisical investigation. Kumaratunga is reportedly going
through the file with a fine tooth-comb to judge for herself where
and how the cops have deliberately slipped up on the probe against
Sumathipala.
*
* *
The
government to ask Thilanga to resign
The
government is to call for the resignation of Thilanga Sumathipala
from his post as Chairman of Sri Lanka Telecom by January 8, 2004
if by then Sumathipala has not resigned.
The
government is to make its call before Sumathipala is charged in
court on January 8.The decision to do so followed after Chairman,
United National Party, Malik Samarawickrema had informed Prime
Minister Ranil Wickremesinghe that the government is receiving
considerable flak for not having taken action against Sumathipala
so far.
The
Prime Minister had stated, no action can be taken until a person
is formally charged in court.
A
number of government ministers have also complained that they have
been seriously embarrassed as a result of not taking any action
against Sumathipala.
It
is learnt, only Ministers S.B. Dissanayake, Mahinda Wijesekera and
Johnston Fernando are sympathetic to Sumathipala.
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