fabricated case against tiran – romesh de silva pc
Posted on July 30th, 2015

by stanley samarasinghe Courtesy Ceylon Today

President’s Counsel Romesh de Silva yesterday told the Supreme Court that the case against former Parliamentarian Tiran Alles was fabricated and a citizen can only be arrested if the allegations were proved beyond reasonable doubt. He made these submissions when the Fundamental Rights petition filed by former Parliamentarian Tiran Alles was taken up for hearing.
Alles filed this petition to prevent his unlawful arrest over the RADA case where the CID sought to arrest Alles through a Lower Court.
The FR petition was heard before Chief Justice K.Sri Pavan and Justices Eva Wanasundere and Rohini Marasinghe.
Making further submissions, President’s Counsel de Silva said the objections filed by the Police officers probing the incident clearly manifested that if his client did not file this Fundamental Rights petition, he (Tiran Alles) would have been arrested. ‘That would be the base of my address to this court as any person could simply understand that fact’, he pointed out.
PC De Silva further said, “The Police cannot make arrests be it Alles or any other citizen just because an offence had been committed. It is for the Police to investigate and follow up by legal procedures to make arrests only if there is substantive evidence against such a suspect. If not, the Police would be infringing on the Fundamental Rights and personal freedom of that suspect. I would like to further point out that even if there was a reasonable doubt, there is no space to remand such a suspect. The prosecutors should first establish that reasonable doubt by producing evidence and documents to Courts and satisfy the Judge hearing that case. If the presiding Judge is not satisfied with the evidence placed before him, Court would not move to curtail or curb the freedom of that suspect.
“The case filed against Tiran Alles had been framed with malicious intent in a mala-fide manner. It is my contention that such charges have been framed against my client as he is an opposition party parliamentarian and a politician. All evidence which the prosecution claims reasonable in nature and placed before Court seeking the arrest of Tiran Alles cannot be accepted as those lack credibility. Furthermore, the complaint against him was lodged based on a political witch hunt and such claim is also based on an unfounded incident following a political dispute. The complainant was Nishantha Warnasuriya. This complaint was lodged alleging that Tiran Alles caused a rift in the Jathika Hela Urumaya (JHU). The complainant had failed to establish stubborn facts and the CID which investigated the complaint too, had failed to produce correct facts regarding the alleged incident.
“The prosecution had stated to Court that decisions to release funds to build houses had been taken in the present of Divisional Secretary Mahesh and his Deputy Ganesh at a meeting chaired by Alles. However, the prosecution had failed to establish the presence of those two government officials and no written document had been produced to prove their presence at the said meeting. Court must investigate and examine as to why the prosecution failed to submit written evidence to prove their presence. There is a contradiction between the confession made by Gajan Kumar on 9 May 2015 to the Colombo Fort Magistrate and in his subsequent affidavit filed before this Court.
“The Police Spokesman on 7 April stated that Alles had given money to build the houses. That was the first instance that my client was dragged into the release of said funds. However, Gajan made a confession before the Magistrate on 9 May and later filed an affidavit on 25 May. However, such is not substantive evidence. Examining the notes of the Magistrate which relates to the recording of Gajan Kumar’s confession, it is revealed that Gajan Kumar wanted to make a statement in Open Court. When Gajan Kumar was brought from the Remand Prison in a Prison van, the Magistrate was aware that Gajan Kumar would not be made a State witness though Gajan would make such confession. How come the Magistrate was aware of that position?
“Gajan Kumar had confessed to the Magistrate that Emil Kanthan constantly spoke to Tiran Alles. How did Gajan Kumar come to know that position? Gajan Kumar had contradicted himself in the confession made to the Magistrate that he saw Emil Kanthan going into Alles’ room to discuss to give money and later contradicted himself stating Emil Kanthan handed over the money personally to Alles. In the final statement made before the Magistrate, Gajan claims that Emil Kanthan sexually abused his sister and Gajan’s mother objected to give his sister in marriage to Emil Kanthan. Furthermore, Gajan in his statement had claimed that there were money transactions between Emil Kanthan and Alles in 2006. The officers who investigated this matter had failed or had forgotten to establish that Emil Kanthan was not in the country in the period stated by Gajan Kumar. In that respect, both the investigators and the Attorney General’s Department have failed to find out that Emil Kanthan did not return to the country during and after the period mentioned by Gajan.
“The initial complaint had been lodged against Alles by Nishantha Warnasinghe by way of a letter on 25 February but the office of the Inspector General of Police has recorded it as 1 February. Though Court has directed the Attorney General’s Department to produce proof and documents over the prosecution plea to arrest Alles, the Additional Solicitor General had failed to produce same”.
At this point Additional Solicitor General Yasantha Kodagoda pointed out to Court that a directive was given to the department to produce documents and evidence regarding the case and not to inquire into the confession made by Gajan Kumar to the Magistrate.
He further said, “Patali Champika Ranawaka had complained that Alles had expended funds of the RADA. The Fort Magistrate had impounded Alles’ passport, he noted. “Latest developments on this case lead to the necessity to arrest him. There is evidence to arrest him under the statute of this country.”
Romesh de Silva PC appeared for Tiran Alles with Attorney-at-Law Sugath Caldera. Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General’s Department.

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