POLITICIAN INVOLVED IN ACQUIRING PROPERTY

A Minister’s name is associated with the activities of an alleged fraudster to retain a highly residential property in Colombo 7 in a fraudulent manner. It has been revealed as to how this alleged fraudster has executed a falsified deed of transfer and a fraudulent vacant possession agreement which is worth Rs.1500 million.

This Minister is alleged to have attempted to exert force to prevent an Attorney-at-law from entering the disputed property at 14, Gregory’s

Road, Colombo 7. This was when the lawyer had gone to obtain his clients’ signatures on a document to produce in court regarding the fraud committed by the 1st suspect who is a friend of the Minister. By the time this incident had taken place on August 6, 2018, the owners of the property were being held hostage by the goons hired by the fraudster and the minister’s security guards.

Although this intimidation has been reported to the Cinnamon Gardens Police by way of a complaint (CIB 1 176/57) by Attorney-at-law

Tisara Edirithilaka the same day, the police have not held an inquiry for more than five months. It is also said that the Police have also not recorded a statement from the Minister.

It is alleged that the police inaction is due to the influence of this senior Minister and the police have ignored the complaints of the complainants made thus far. Although this newspaper contacted Acting OIC, IP

Nagahawatte and OIC MO branch IP Shankar few weeks ago, to unearth why the police during the past two months have failed to hold an inquiry, both the Acting OIC and OIC MO branch said that they have to look into the matter as they are not aware of the incident nor about the failure to hold an inquiry. “We were transferred to this police station a couple of days ago. We have to refer the complaint book and see whether the allegation levelled against the Cinnamon Garden Police is true. We will inform you about the details” they said. Although they promised to keep this newspaper informed, there was no response from both officers until this edition went to press.

According to the plaint filed by Attorney-atlaw Edirithilaka, at the time he tried to enter the premises on August 6, 2018, the said Minister who was occupying a room of the leased apartment in the property had not only exerted force to prevent him from meeting those who were held hostage, but had used abusive language to make him leave. He further states in the plaint, ‘At the time I reached 14, Gregory’s Road with my senior Kosala Dabare, a few big-made men were near the gate obstructing us from entering the premises. When we told what our requirements were, they threatened us not to take a step further as the Minister was inside the apartment. They later took us to the said Minister and when we informed him why we came to meet the owners of the house, the Minister used abusive language and ordered his security to ‘throw us out’ from the premises. Despite of the attempts made by the Minister’s security personnel and the privately hired goons to prevent me and the other counsel from entering the premises, we managed to force our way in and speak to our clients’. According to the plaint submitted to Colombo

Magistrate Court, the Minister is a regular visitor to the questionable apartment leased by the 1st suspect and stays there for several hours with his friends.

It is alleged that a close associate of the Minister namely, Prasad Deshapriya Vitharana, had executed a fraudulent deed of transfer and a fraudulent vacant possession agreement to retain the 71 perch land and the large house therein at No: 14, Gregory’s Road, Colombo 7. It is also alleged that the latter has also extorted money from the owners of the property to the tune of Rs.127.8 million on six occasions threatening them with death.

Seventy-seven-year-old Shiranie Fernandothe 1st complainant and her 87-year-old husband

Wimalsen Fernando, the 2nd complainant, through their lawyers have filed two cases in the Colombo District Court and Colombo Magistrate’s Court against Prasad Deshapriya Vitharana

(1st accused) of No. 49A/103, Daswiwa Place, Kalubowila and Notary Public Lal J. Thabrew (2nd accused) of No. 35 Ambagahapura, Maharagama.

By way of a Private Plaint the case had been filed in Colombo Magistrate’s Court under and in terms of section 136(1)(a) of the Criminal Procedure Act no. 15 of 1979 (as amended) against

Prasad Deshapriya Vitharana for executing a fraudulent deed of transfer, a fraudulent vacant possession agreement and extorting Rs.127.8 million.

According to the plaint filed in the District Court of Colombo by the plaintiffs, the property in question at No: 14 Gregory’s Road has been Wimalsen Fernando’s ancestral property for a period of more than 150 years. He who is also the 2nd Plaintiff has been living there since birth. The 1st complainant Shiranie Fernando too has been living there since her marriage to the second complainant. In 2007, Wimalsen Fernando had conferred ownership of the property to his wife by a deed of gift. As they do not have children, a last will had been written bequeathing the property to their nephews and nieces living overseas.

LEASED OUT

Although these two complainants have been living in the disputed property alone with the domestic aids, it was only last year that part of the house they are living in had been leased out to the accused Prasad Vitharana. Two lease agreements have been executed between Shiranie Fernando and Prasad Vitharana on October 25, 2017, leasing the ground floor apartment on the right side of the main house and the up stair apartment on the right side of the main house, for a period of one year from the date of execution. This had been attested by Notary Public, V.G. Karunasena of No. 12/3, Nelum Mawatha, Off Haramanis Road, Attidiya, Dehiwala.

Subsequently, another lease agreement had been executed on February 15, 2018 with effect from January 30, 2018 leasing another part of the ground floor apartment on the right side of the main house, for one year from the date of execution. This agreement too had been attested by the same Notary Public, V.G. Karunasena.

The plaint further describes that, they have not known the accused prior to executing the first two lease agreements. Later, Vitharana had become a trusted friend to the Fernandos within a short period of time.

After few months, relatives and friends of Fernando had inquired whether they have sold the property as Prasad Vitharana had put a note and a photograph of the house in his Face Book account stating that he is the proud owner of a valuable property in Gregory’s Road. Soon after this in early August 2018, Vitharana had wanted the complainants to vacate the property as per the ‘Vacant Possession Agreement’ to which the husband and wife had got panicked. As they did not vacate the property, Vitharana through his lawyers had sent a letter of demand to the complainants for their failure to abide by the ‘Vacant Possession Agreement’. Meanwhile, filing an application by way of a private plaint under and in terms of Section 136(1) (a) of the Criminal Procedure Act No: 15 of 1979 as amended, the two plaintiffs have stated they have asked the 1st Respondent Vitharana as to why they have to leave their house. It was then that Vitharana had showed the fraudulent Vacant Possession Agreement to the plaintiffs which had prompted Fernando to carry out a title search immediately through their lawyers from the Land Registry. It was then that they had found out that the 1st Respondent had executed a deed of transfer and a vacant possession agreement bearing Nos. 4767 and 4768 respectively, attested by the 2nd accused. In the plaint it further states that the deeds have been registered in the Land Registry Nugegoda.

It further describes how the 1st complainant revealed as to how Vitharana extorted a staggering

Rs 127.8 million from her on six occasions in February, March and April last year by threatening her that in the event the demanded money was not given he would cause harm to the life of her ailing husband. Fearing the harm that could be caused to the life of her husband, the 1st complainant had secretly abided by the demands of the 1st Respondent. In the plaint it further states as to how the plaintiff disclosed the threats made by the 1st accused, to the immediate family and the legal advisors and lodged a complaint with the CID. In her complaint, she has stated that she has not executed a deed transferring any rights of the said property to the 1st accused.

According to the application filed in court, on two occasions, Shiranie Fernando had withdrawn Rs.5.8 million and Rs.14

million on February 12, 2018 and February 14, 2018 respectively from

Hatton National Bank A/c 00501067875 Green Path Branch. On February 20, 2018, Fernando had transferred Rs.19 million from her HNB Current Account (A/c 006108012270) to the savings account at the Nation Trust Cinnamon Garden branch (A/c 006212086551) and had withdrawn the money to be given to Prasad Vitharana. Again on March 2, 2018, March 13, 2018 and April 25, 2018, the 1st complainant had withdrawn

Rs.19 million, Rs.40 million and Rs.30 million

respectively from the Nation Trust savings account.

It further describes how the 1st complainant revealed as to how Vitharana extorted a staggering Rs 127.8 million from her on six occasions in February, March and April last year by threatening her

According to the plaint filed by Attorney-at-law Edirithilaka, at the time he tried to enter the premises on August 6, 2018, the said Minister who was occupying a room of the leased apartment in the property had exerted force to prevent him from meeting those who were held hostage

BY THE TIME THIS INCIDENT HAD TAKEN PLACE ON AUGUST 6, 2018, THE OWNERS OF THE PROPERTY WERE BEING HELD HOSTAGE IT IS ALLEGED THAT THE POLICE INACTION IS DUE TO THE INFLUENCE OF THIS SENIOR MINISTER IT’S ALLEGED THAT AN ASSOCIATE OF THE MINISTER, VITHARANA, HAD EXECUTED A FRAUDULENT DEED OF TRANSFER THE 1ST COMPLAINANT SHIRANIE FERNANDO TOO HAS BEEN LIVING THERE SINCE HER MARRIAGE TO THE SECOND COMPLAINANT