Aloy­sius’ PA Samuel gets chest pain and does not turn up to tes­tify

Coun­sel sug­gests that Samuel can an­swer what­ever ques­tions the Com­mis­sion wishes to ask in an af­fi­davit if that ques­tion­naire would be given in a no­tice in the event Samuel is un­able to at­tend the Com­mis­sion due to his “med­i­cal con­di­tion”

Daily Mirror (Sri Lanka) - - FRONT PAGE - BY SHE­HAN CHAMIKA SILVA

In the wake of Aloy­sius’ per­sonal as­sis­tant, Steve Samuel’s Coun­sel in­form­ing that his client was ad­mit­ted to the hos­pi­tal due to a chest pain and is un­able to ap­pear be­fore the Com­mis­sion, Jus­tice Prasanna Jayawar­dena yes­ter­day stressed that the Com­mis­sion wants to see the files main­tained by PTL un­der the head­ing of ‘RK’ and ‘AM’.

After a short ad­journ­ment, the Com­mis­sion again com­menced its pro­ceed­ings sum­mon­ing Aloy­sius’ per­sonal as­sis­tant Steve Samuel to tes­tify after the con­clu­sion of the tes­ti­monies of two Min­is­ters.

At this mo­ment Coun­sel Jee­wan­tha Jay­athileke who was ap­pear­ing on be­half of Steve Samuel said that he was in­formed in the morn­ing that his client had been ad­mit­ted to the Coro­nary Care Unit (CCU) at the Asiri Hos­pi­tal, which is the emer­gency unit for car­diac prob­lems.

He said his client had been di­ag­nosed with some chest pain and cur­rently run­ning a full in­ves­ti­ga­tion and at the mo­ment the med­i­cal re­ports are just about to be sent to the Com­mis­sion. And he also un­der­took to ten­der the Med­i­cal re­ports to the Com­mis­sion once he re­ceived them.

Mr. Jay­atileke said that Samuel had been present on ev­ery day even yes­ter­day and this was a gen­uine prob­lem and not to avoid the Com­mis­sion.

Jus­tice Prasanna Jayawar­dena at this point told the Coun­sel “One of the rea­sons that Samuel was called was be­cause as you know there were some text mes­sages re­fer­ring to files main­tained by PTL for cer­tain per­sons, so we want to see those files”

Jus­tice Jayawar­dena asked Coun­sel Jay­atilleke to ask Mr. Samuel to pro­duce those files to the Com­mis­sion even if he is un­able to come.

“We would ex­pect those files to be pro­duced be­fore the Com­mis­sion in the course of to­day for the pe­rusal of the Com­mis­sion”, Jus­tice Jayawar­dena said.

“We have also en­deav­oured to serve sum­mons on Mr. Ar­jun Aloy­sius and Ge­of­frey Aloy­sius with re­gard to those files, and ap­par­ently they are dif­fi­cult to lo­cate. The Coun­sel who was rep­re­sent­ing Aloy­sius is here, so kindly in­form him to en­sure to no­tice his client to de­liver the files in the course of to­day”, Jus­tice Jayawar­dena said.

Jus­tice Jayawar­dena also said “And tell him kindly that we will not con­sider a fail­ure to pro­duce those files, very kindly.”

Coun­sel Jay­atilleke also said that notices have been re­ceived by Aloy­sius as well with re­gard to the said files. How­ever, he said ac­cord­ing to the in­struc­tions re­ceived from his client, Aloy­sius’ Per­sonal As­sis­tant ‘Steve Samuel is not in pos­ses­sion of any of those files at the mo­ment’.

Mr. Jay­atilleke also un­der­took to sub­mit an af­fi­davit per­tain­ing to the no­tice sent by the Com­mis­sion pre­vi­ously and the Med­i­cal re­port and med­i­cal his­tory sup­port­ing his con­di­tion.

At this point Jus­tice Jayawar­dena said that the Com­mis­sion also wants to know as to who were the per­sons re­ferred to as ‘AM’ and ‘RK’ in those text mes­sages from Steve Samuel.

Mr. Jay­atilleke then sug­gested that his client can an­swer what­ever the ques­tions the Com­mis­sion wishes to ask in an af­fi­davit if that ques­tion­naire would be given in a no­tice in the event if his client Steve Samuel is un­able to at­tend the Com­mis­sion due to his med­i­cal con­di­tion.

“We will cross that bridge later; first you pro­duce med­i­cal re­ports to­mor­row to sub­stan­ti­ate your sub­mis­sion. Also we want to see those files”, Jus­tice Jayawar­dena em­pha­sized.

How­ever, in the ab­sence of Steve Samuel the Com­mis­sion called for­mer EPF dealer Sa­man

Ku­mara to tes­tify be­fore the Com­mis­sion. The Com­mis­sion ques­tioned the wit­ness after play­ing two voice record­ings in which PABC dealer Ravee­sha and EPF dealer Sa­man Ku­mara were ne­go­ti­at­ing a deal. Jus­tice Prasanna Jayawar­dena: There was a deal hap­pen­ing after these con­ver­sa­tions, right? Wit­ness Sa­man Ku­mara: Yes Jus­tice Jayawar­dena: You were the dealer at EPF in Oc­to­ber and Novem­ber 2015, right? W: Yes J: So, ev­ery deal of EPF gets recorded in the CBSL sys­tem (Lanka Set­tle Sys­tem and Lanka Se­cure Sys­tem)? W: Yes J: And these de­tails re­gard­ing to the EPF deals would tran­spire in the daily re­ports as well, right? W: Yes. But some may not be there con­sid­er­ing the set­tle­ment date. J: Apart from that other de­tails are there, right? W: Yes At this point the Com­mis­sion asked coun­sel of the At­tor­ney Gen­eral’s Depart­ment whether they have any ques­tions to ask. How­ever, Ad­di­tional Solic­i­tor Gen­eral Dap­pula De Livera said that they have no ques­tions to ask from­saman Ku­mara as well.

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