TRANSFERS AND WITHDRAWALS
She further states that whilst the first two withdrawals were carried out directly from the HNB Bank, subsequent withdrawals were made from the Nations Trust Bank after the funds were transferred from the HNB to the Nations Trust Bank. The statement further states that she had been directed by the 1st accused to transfer the money to Nations Trust Bank from HNB stating that he had certain connections there and therefore did not want the money to be paid to him through a withdrawal from HNB. She further states as to how the accused took her to the banks and remained in the vehicle till the money was withdrawn and on certain occasions accompanied her to the bank and had waited at the lobby till withdrawals were made.
In the application submitted to Colombo Magistrate Court, Fernando says that she believes that the Defender bearing registration number CBB - 3111, had been purchased by Vitharana from the money he extorted from her.
As per the copy of the deeds obtained from the Land Registry Nugegoda according to the plaint, the said agreements are said to have been executed on an undated date in February 2018.
In the application filed in District Court Colombo it states that whilst there is no reference to a particular date in February 2018 in the alleged fraudulent deed of transfer, the only reference to a particular date has been made on the attestation which is dated February 7, 2018. This document states as, ‘In Witness whereof the said Vendors have set their respective hands hereunto and two others of the same tenor and date as these presents at Colombo on ...... day of February in the Year Two Thousand and Eighteen (2018)’.
According to counsel Edirithilake’s affidavit, although the third lease Shiranie Fernando entered into with the 1st accused to another part of the same property on February 15, 2018, it makes totally insensible for the accused Vitharana to hide the fact and to make a fraudulent deed of transfer the entire disputed property by executing it on February 7, 2018. It further states ‘The said attestation of the Notary who is the 2nd accused is dated February 7, 2018 refers to February 14, 2018, as the date on which the stamp duty had been paid.
Edirithilake further states that if Fernando has executed a deed of transfer on February 7, 2018 transferring the freehold rights to the property in dispute, there would be no credible reason for Fernando to have executed a lease agreement granting leasehold rights to the same property to the accused nor would have been a reasonable purpose for the 1st accused to be a party to a lease agreement as the lessee if he was the legal owner to the property.
According to the plaint filed in the District Court Colombo, in the fraudulent deed of transfer, the property had been sold for Rs. 358.75 million which had been attested by the 2nd accused Lal J Thabrew, the Notary who states in his attestation that the complainants are known to him and that the 1st accused paid Rs.80 million of the total purchase price to the complainants in his presence.
According to the plaint, the Fernando duo have never met this Notary even as of today. Although they say that the property was sold for Rs.358.75 million, it values more than Rs. 1500 million. The complainants in the plaint have stated that the originals of the deeds in proof of the ownership to them are kept in the Walt at the HNB and that they still remain there and that the adjoining property too is owned by them where an owner of a Casino Club in Kollupitiya is now occupying despite notice of ejectment being given by Fernando nearly 8 years ago. Having come to know about this issue, Prasad Vitharana has prompted Fernando to sign certain blank papers on a false pretense that he will take steps to get the adjoining property back to them. It is now believed that Vitharana had used these signed blank papers to make the fraudulent deed of transfer and the vacant possession agreement.
Meanwhile an application has been filed in the District Court of Colombo seeking an enjoining order preventing Vitharana from illegally depriving the 1st and 2nd complainants of their property, the District Judge issued an enjoining order preventing the defendants from interfering with the peaceful possession of the Plaintiffs and further preventing the defendants from harassing the plaintiffs on the usage of the access roads. Another interim order had been issued directing the Senior DIG of Colombo to take necessary steps to protect the lives and property of the plaintiffs as per the provisions of Assistance to and Protection of Victims of Crime and Witnesses Act No. 04 of 2015. Meanwhile when asked whether the necessary police protection given to the victims still remains, Attorney-at-law Edirithilake told the Daily Mirror, that although Senior DIG Colombo provided two police officers for the plaintiffs’ protection as per the District Judge’s order soon after the directives were given, it has now been reduced to one, after the UNF Government came back to power in December last year.
Although several calls were made to this Minister seeking a comment in regard to the allegation levelled against him, there was no response. A text message was then forwarded to get his side of the story, but there was no response from him at the time the paper went for publication.
According to the plaint filed in the District Court Colombo, in the fraudulent deed of transfer, the property had been sold for Rs. 358.75 million