Witness in RADA case changes stance: Alles, Emil Kanthan and two others discharged
The Colombo High Court on Friday discharged former MP and current Sri Lanka Podujana Peramuna (SLPP) National List nominee Tiran Alles and three other accused from the case involving the criminal misappropriation of Rs 124 million from the State-backed Reconstruction and Development Agency (RADA).
Former LTTE operative Emil Kanthan, RADA's then Chief Operating Officer (COO) Saliya Wickramasuriya and its former Finance Manager Jayantha Dias Samarasinghe were the others discharged from the case.
The four were indicted on several charges under the Public Property Act relating to funds amounting to Rs 124 million allocated by the Treasury to RADA to build 1,600 housing units under the then Government’s “Jayalanka” Project to build houses for tsunami-affected people in the North and East. Accordingly, the accused were charged with conspiracy to criminally misappropriate funds, criminal misappropriation and breach of trust.
High Court Judge Pradeep Hettiarachchi discharged the accused from the case after Deputy Solicitor General Dileepa Peiris told court that the Attorney General’s Department could not proceed with the case as a key prosecution witness had changed her earlier stance and this had affected the prosecution’s case.
The witness, RADA's former Chief Executive Officer (CEO) Chandrakanthi Fernando, who gave evidence on Friday told court that she had not seen any of the original documents on which the indictments against the accused were based on and that she had only seen photocopies of those documents.
DSG Peiris then told court that the witness's present stance had affected the prosecution’s case. He said the AG would examine what action could be taken against the witness.
Following the DSG's statement, Judge Hettiarachchi ordered that all four accused be discharged.
The judge also issued an order to the
Controller General of Immigration and Emigration to lift the overseas travel ban imposed on the accused. He also ordered that the passports of the accused, which were in the custody of the court, be returned to them.
The court also directed that the arrest warrant issued on Emil Kanthan, who was tried in absentia, be recalled.
Nalin Ladduwahetty, PC, appeared for Tiran Alles. Shanaka Ranasinghe, PC, appeared for Emil Kanthan. Anil De Silva, PC, appeared for Saliya Wickramasuriya. Nalinda Indatissa, PC, appeared for Jayantha Dias Samarasinghe.