No legal bar to proceed in case against Tiran Alles allegedly misappropriating State funds: ASG

Additional Solicitor General Yasantha Kodagoda, P.C., this week told court that that there was no legal impediment to continuing with the case against former MP Tiran Alles over an allegation of misappropriating State funds amounting to Rs. 167 million meant for the construction of houses for displaced persons in the North and East.

Mr. Kodagoda made the submission when Mr Alles and three others were to be indicted in the Colombo High Court last Monday on the charges. The other suspects are Emil Kanthan, Rohan Saliya Abeysinghe and Jayantha Dias.

Defense counsel raised preliminary objections about the indictment on the grounds that the Supreme Court in a Fundamental Rights application filed by Mr. Alles had directed that the ‘status quo’ should remain.

The case was taken up before Colombo High Court Judge Kusala Sarojini Weerawardena.

Mr. Kodagoda argued that going by the argument of the defence counsel objections could have been raised when the statements of Mr. Alles were being recorded regarding the investigations, but no such action was taken.

Mr. Kodagoda said that the indictments should be served on the suspects as the case had already commenced.

Nalin Ladduwahetti, defence counsel for Mr. Alles, said that serving indictments on his client would be a violation of the Supreme Court directive and therefore a decision should be taken after informing the Supreme Court.

He said that if an interpretation of the Supreme Court directive was necessary, it should be obtained from the same court.

Attorney-at-law Shanka Ranasinghe appearing on behalf of Emil Kanthan said that his client was overseas and in view of a travel ban imposed by the Colombo Fort Magistrate’s court a request has been made to lift the ban, but no permission has been given so far.

High Court Judge Ms. Weerawardena said since the FR case will be taken up again in court on September 28 an interpretation could be sought regarding its previous directive and theafter indictments can be handed over.

Accordingly the judge fixed the case for October 6.