Released Torana owner claims production items
The owner of Torana Video Movies K.T.K. Kotelawala who had been released from a case filed against him over infringement of copyright made a request to Court for the production items due to the complainants be released to him if they do not claim for them.
On August, 2011, the Colombo Fort Magistrate released Mr. Kotelawala from the case after taking into consideration the services he rendered to arts.
Accordingly, the Court ordered the police that the production items (teledramas, films and songs) be released to the complainants.
Filing a motion before Magistrate Kanishka Wijeratne, counsel Jayantha Dias Nanayakkara appearing for Mr. Kotelawala moved Court that the production items be released to his client, if the complainants do not claim them.
However, the complainants of the case Mr. Tissa Nagodavithana, Mr. Ananda Sagara Wijesinghe and veteran film maker Dharmasena Pathiraja appearing before Court informed that they were claiming the production items which were due to them. The Magistrate directed them to appear before Colombo Crimes Division on September 18 and identify their productions. The case was to be taken up again on September 28.
When the case came up before the preceding Magistrate, Mr. Kotelawala pleaded guilty to all charges and defence counsel who appeared on behalf of him moved Court to act in accordance with Section 306 of the
Defence Counsel contended that his client had taken measures to protect teledramas, films and songs after the national broadcasts. He further informed that his client had done a great service to the eminent artistes and viewers in Sri Lanka and abroad
Code of Criminal Procedure Act (No. 15 of 1979) and thereby release his client.
Defence Counsel contended that his client had taken measures to protect teledramas, films and songs after the national broadcasts. He further informed that his client had done a great service to the eminent artistes and viewers in Sri Lanka and abroad. In this case, popular artist Roger Senewiratne had made a complaint with Colombo Crime Division in 2004, alleging that “Chathurya” a teledrama produced by him had been copied and kept for sale by Mr. Kotelawala. Meanwhile, several other artistes had given evidence against Mr. Kotelawala.
The Magistrate observed that the Court had power to release a suspect taking into consideration the provisions available in Section 306 of the Criminal Procedure Code. According to Section 306 of the Criminal Procedure Code an accused can be released having regard to the character, antecedents, age, health, or mental condition of the person charged.