The Supreme Court three-Judge-Bench comprising Justice Eva Wanasundara, Justice Anil Goonaratne and Justice Prasanna Jayawardena unanimously observed that the Interim Order issued by Supreme Court did not bar the Attorney General filing indictments against the petitioner [Tiran Alles] based on the findings of the investigation into the incident.
The Attorney General had filed indictments in the High Court against four accused including Alles and former senior LTTE leader Emil Kanthan in connection with a Rs. 200 million fraud that had allegedly taken place at the Reconstruction and Development Agency (RADA) in 2006.
Additional Solicitor General Yasantha Kodagoda appeared on behalf of the Attorney General.
President’s Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner.
However, when the case came up before the Colombo High Court on a previous occasion, the defence counsel appearing on behalf of Alles raised preliminary objections stating the Court cannot serve indictments against first accused since there is an Interim Order by the Supreme Court.
Colombo High Court Judge Kusala Sarojani Werawardena on August 24 decided to seek a clarification from the Supreme Court regarding the Interim Order.
Defence Counsel Nalin Ladduwahetty had stated in High Court that the Supreme Court in its order dated September 2, 2015 directed all parties to maintain status-quo as at today, until the final determination of the fundamental right petition. He argued that as part of the Supreme Court order, the AG has no power to file indictments. However, Additional Solicitor General Kodagoda had informed Court that the Supreme Court order had never issued an order preventing the AG from filing indictments against Alles.
“The Supreme Court never issued an order to stop investigation against the first accused or preventing the AG from filing indictments. The AG is exercising his statutory powers,” Kodagoda added.
The four accused, former RADA Chairman Tiran Alles, Emil Kanthan, former Chief Operating Officer (COO) of RADA Saliya Wickramasuriya and Dr. Jayantha Dias Samarasinghe had been charged for misappropriation of public funds under the Public Property Act. (Daily News)