Release on bail for Gamini Senerath from ... special court in fraud case of 500 million

Release on bail for Gamini Senerath from ... special court in fraud case of 500 million

Chief of staff of former President Mr. Gamini Senerath Sedera including 3 others were served charge sheets by a 3 member bench of judges yesterday (24) for alleged misappropriation of public funds under the penal code, prevention of money laundering act and public property act amounting to Rupees 500 million released the respondents on bail. The 3 member high court judges released the respondents on 2 sureties of Rs. 1,000,000 and cash bail of Rs. 50,000 and were ordered that their fingerprints be taken. In addition their passports were were ordered to be impounded and the court

registrar was ordered that the immigration and emigration authority be informed about this. The permanent 3 member court of judges of high court  further ordered the court registrar be provided them with the passports of the 1st, 2nd and 4th respondents and the passport of the 3rd respondent be handed over to the permanent 3 member court of judges of high court. Those who provided bail for all respondents were present in courts yesterday (24) and after securing the fingerprints the 3 high court judges ordered that the respondents be released and postponed the case till 19th of next month. Those who were so released on bail were former President's chief of staff were Gamini Senerath Sedera, Piyadasa Kudabalage, Niel Bandara Hapuhinna and Kokkawita Liyanage Lasantha Bandara. The  orders were given by the permanent high court judges Messrs. Sampath Abeykoon (president), Sampath Wijeyratna and Champa Janaki Rajaratna.

This case was taken up for hearing last morning (24) at 9.30 in the morning at the first case of the permanent 3 member high court which was installed to inquire into cases against respondents including politicians and high officials of the State who have been involved in large-scale frauds by misappropriation of government funds. On warrants issued by the permanent 3 member high court and the respondents appeared in court yesterday 924) and after names of the four respondents were called out by court interpreter mudaliyar Mr.T.D. Tuan Sadam, the four respondents stepped into the deck. Mr. Thusith Mudalige, deputy solicitor general who appeared on behalf of the attorney general addressed court and said that before handing over the indictments, a correction is necessary to be carried out in respect of same. As such, on permission of court, the the second charge on the third line in charges 7, 8 and 9 in the charge sheet were rectified as the 6th charge.

Subsequently, president judge Mr. Sampath Abeykoon ordered that the indictment papers be handed over to the respondents concerned. While indictment papers were handed over to each respondent, attorneys-at-law who appeared on behalf of the respondents requested that they be released on the same previous bail conditions ordered by magistrate court before. On that occasion president judge of the 3 member bench of judges Mr. Sampath Abeykoon declared that fresh bail conditions would be enforced on the respondents in this court in relation to this case and bail procedures were carried out accordingly.

Deputy solicitor general Mr. Thusith Mudalige informed the 3 bench bench of judges that copies containing notes of evidence expected to be forwarded by the appellant in respect of the case at hand would be handed over within a period of one week. The 3 member bench of judges finally resolved to notify a date for the next hearing if there is any acceptance of the parties concerned and to consider such acceptance and whether copies of documents have been duly and properly received by the respondents. The permanent 3 member bench of high court judges who ordered that the case would be called next September 19th further added that after that date this case would be heard on a daily basis.

The above case was filed against the respondents named above based on the high profile financial fraud invested for the Hambantota Hyatt Regency Hotel by Litro Gas Company which is a subsidiary of Sri Lanka Insurance Company. At the time first respondent Mr. Gamini Senerath Sedera occupied the position as the chairman of Sri Lanka Insurance Corporation and also Litro Gas Company; respondents Piyadasa Kudabalage functioned as the managing director of such institutions while Niel Bandara Hapuhinna and Kokkawita Liyanage Lasantha Bandara were directors there, it was mentioned in the charges. These indictments were filed in this case by the attorney general under the penal code of the prevention of money laundering act and public property act.

Indictments were filed for others having aided and abetted Mr. Kudabalage, second respondent for the mistakes committed by him during the period February 1st, 2014 to January 20th, 2015. Indictments were served in respect of second respondent Mr. Kudabalage for having engaged in the conspiracy of crediting funds of Rupees 50 crores of Litro Gas (Pvt) Company to the account of Helanco Hotels and Spa, a private establishment at the time he operated as the managing director and chief executive officer of Candill Holdings (Pvt) Company Limited. 

Deputy solicitor general Mr. Thusitha Mudalige represented the attorney general while president's counsels Messrs. Ali Zabri, Gamini Marapona and Anil Silva and attorney-at-law Mr. Nalin de Indratissa appear on behalf of the respondents.