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Wijeyadasa’s chamber appearing for Thilini questioned in court

20 Oct 2022

  • Opposing Counsel claims conflict of interest
BY Buddhika Samaraweera   President’s Counsel (PC) Maithri Gunaratne yesterday (19) raised concerns regarding the presence of a group of lawyers, including Attorney-at-Law Rakhitha Rajapakshe, who is the son of Minister of Justice, Prisons Affairs, and Constitutional Reforms Dr. Wijeyadasa Rajapakshe PC, appearing on behalf of the suspect in the case of suspected fraudster Thilini Priyamali, who is accused of large-scale financial fraud involving several very important persons (VIPs). When the case against Priyamali – who is currently in remand custody in relation to the alleged financial fraud involving VIPs and business folk – was taken up yesterday, the two main suspects, Priyamali and Isuru Bandara, were not produced physically before court, and were produced virtually instead. The case was taken up before Colombo Additional Magistrate Shilani Perera, while a group of lawyers including Rakhitha Rajapakshe, Dasun Nagashena, Saumya Hettiarachchi, and Indika Premathilaka appeared for the suspect. At that time, Gunaratne PC, who appeared for the alleged aggrieved party, told the court that a group of lawyers from Justice Minister Dr. Wijeyadasa Rajapakshe PC’s chamber was appearing for the suspect yesterday. However, the lawyers who appeared for the suspect stated before the Court that Priyamali has not committed a fraud as serious as charged by the Criminal Investigation Department (CID), adding that the Police has presented facts before the court according to their (the Police’s) preference. Further noting that well-known business folk had deposited money in Priyamali’s companies, the lawyers said that it is important to probe into how such large sums of money were earned by those business folk.  They further stated before court that investigations should be carried out into how such large sums were earned by those business folk, and whether they had paid the relevant income taxes accordingly. Despite the fact that the CID has said that it discovered three mobile phones in the possession of the suspect while in prison, the lawyers stated that charges have been filed against her in relation to the possession of only one mobile phone, adding therefore, that the charges against Priyamali are bailable. Meanwhile, the CID informed the Additional Magistrate that investigations have revealed that Priyamali, using an unauthorised mobile phone, had telephoned a person to request that they release a sum of Rs. 30 million for her to be granted bail. The CID further stated that it has obtained four search warrants from the court, and inspected four locations in Wattala, Kirulapone, the 34th floor of the World Trade Centre (WTC), and Chatham Street, from where it has seized several documents and digital devices.  The CID officers further said that five hard disks were missing from the seized computers found in the Thico office at the WTC. It was informed by the CID to the Court that the suspect has run a business called Thico Group (Pvt.) Ltd. under the names of Thico Film, Thico Construction, and Thico Gems, and that although there has been no source of income for her to invest in the businesses, a sum of Rs. 4.2 million per month has been spent on employees’ salaries and various other bills.  In addition, the CID stated that she had spent a sum of Rs. 5.5 million on various promotions and exhibitions since March and also held an event at a cost of Rs. 30.5 million. The CID said that investigations have revealed that these expenses were borne through the funds obtained from various people, and that no profit had been earned through investing said funds.  After the discovery of the suspect’s mobile phone, the CID stated, voice recordings and messages with information with regard to how she obtained money from famous individuals including politicians had been obtained. However, the CID stated that such individuals have not yet come forward to lodge complaints regarding the incidents, and informed the court that it is problematic how such persons have not yet lodged complaints.  The CID informed the court that the investigating officers have inspected two houses and offices belonging to the suspect and found bank receipts inside. Accordingly, the CID requested the court to issue an order to obtain details regarding the crediting and withdrawal of money related to those bank accounts. Furthermore, the CID informed the court that after the investigations, more suspects are to be arrested, and that the suspect had used three mobile phones while in remand custody, using which she had made calls to 11 phone numbers.  By conducting further investigations, the CID stated that statements were also recorded from the owners of the relevant phone numbers. It has been revealed that the suspect had made a phone call to one of the persons and said she was in need of Rs. 30 million to be granted bail.  The CID stated that it is to record the statements of other people in this regard and that there are currently seven cases being heard in the relevant High Court and Magistrate’s Courts against the suspect. According to the CID, those cases have been filed in the relevant courts with regard to frauds of Rs. 80 million, Rs. 700 million, and Rs. 43 million. Considering these facts, the CID objected to the granting of bail to the suspect, and informed the court that charges will be filed against the suspect in accordance with Sections 386, 389, and 400 of the Penal Code, the Debt Recovery (Special Provision) (Amendment) Act, No. 9 of 1994, and the Prevention of Money Laundering Act, No. 5 of 2006. Meanwhile, Gunaratne PC informed the Court that the aggrieved party had deposited an amount of Rs. 226 million in the possession of this suspect. He also queried as to why the CID has not conducted investigations regarding Janaki Siriwardena, who is considered to be an intermediary party in the transactions made by Priyamali. He said that if Siriwardena is arrested, it would be possible to find out what happened to the defrauded money. The Additional Magistrate, who considered all the facts, ordered the suspect to be further remanded until 2 November, as the related investigations are still underway. Another case regarding the suspect Priyamali and her assistant Bandara was also taken up before the court. With regard to that case, the Additional Magistrate rejected the bail request, and ordered the suspects to be remanded until 2 November.


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