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Rs 400 mn cheating case: Lawyers question failure of police to seize gem consignment
In a cheating case involving gems valued at Rs 400 million, it has been asked why the Financial and Commercial Crimes Investigations Division, FCCID during five months of investigations did not question or seize the cheated consignment of gems from a Ratnapura-based gem businessman who had allegedly bought, through the complainant’s gem broker, the consignment of gems.
It has transpired that three cheques issued by the Ratnapura-based businessman all of which had got dishonoured, whereas the broker’s father and broker’s wife were slapped with foreign travel restrictions moved by the FCCID unit handling the investigations, according to representations made to FCCID Director Mohan Siriwardena on behalf of the gem broker’s father.
In the representation, dated 19th June 2023, addressed to the Director, FCCID, by President’s Counsel M M Zuhair and Attorney Rizwan Uvais, on behalf of A G M Mafas the aggrieved party, it is alleged that in the case reported to the Magistrate Court, Mount Lavinia, the FCCID had identified the Ratnapura businessman and the complainant’s own gem broker, as the perpetrators of the cheating but the investigating unit had failed to act against the alleged Ratnapura buyer who had not even been named in Court as a suspect, though the Ratnapura buyer had issued three cheques to the complainant, a Colombo gem businessman, through the broker for Rs 97.5 million as part payment and all three cheques had bounced.
President’s Counsel has also questioned as to why the Rs 407 million valued gem consignment, necessary productions in the cheating case, was not promptly seized from the alleged buyer as ‘stolen property’ under section 393 of the Penal Code and produced in Court. He has informed the Director that those handling the virtual complainant’s 14th January 2023 complaint, instead of taking any action against the prime suspects, were harassing the gem broker’s father and the broker’s wife by moving Court for travel restrictions on the father Mafas and the broker’s wife.
He has also represented to the Director FCCID that their officers handling the case having reported to Court that the complainant’s broker had sold the ‘consignment of gems’ and not a part of it, to the Ratnapura buyer and had received the three cheques as ‘a part of the value of the consignment of gems’, were making a preposterous allegation, without any evidence, falsely speculating that Mafaz, who had returned to the island after the complaint, may have taken overseas some gems sold to the Ratnapura buyer.
He has also represented that Mafas is a respected gem businessman for over 40 years, without any complaint and the FCCID’s application for travel restrictions is a violation of his rights protected under Articles 14(1)(g), 12(1) and (2) of the Constitution.
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Members of Sri Lanka Cricket Transformation Committee Officially Appointed
The official appointment letters for the members of the newly established “Cricket Transformation Committee” (CTC) were handed over on Monday (04) by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
The following members received their letters of appointment at the Ministry premises:
Sidath Wettimuny
Thushira Radella
Prakash Schaffter
Ms. Avanthi Colombage
The Ministry also noted that veteran cricketers Roshan Mahanama and Kumar Sangakkara, who are key members of the committee, are currently overseas. Their official appointments will be formalised immediately upon their arrival in Sri Lanka.
The Cricket Transformation Committee has been mandated to oversee the administration and drive structural reforms within Sri Lanka Cricket (SLC) in accordance with the powers vested in the Minister under the Sports Act No. 25 of 1973.
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Three prison guards arrested following the death of an inmate
Three prison guards attached to the Welikada Prison have been arrested by Borella Police following the death of an inmate on Monday (04).
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CJ urged to inquire into AKD’s remarks on May 25 court verdict
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
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