Indictments on Tiran & 3 Others Only After 2nd Nov.
Earlier, during the Magisterial inquiry, Tiran Alles had filed a Fundamental Rights petition in Supreme Court seeking an order to prevent him from being arrested over the allegations. Subsequently, the Supreme Court gave an Interim Order on every party to maintain the status-quo until the FR petition is finished.
There after CID filed a case in Colombo High Court and indictments on Tiran and three others were to be issued.
The Attorney General had filed indictments in the High Court against four accused in financial fraud amounting to Rs.200 million – including former MP Tiran Alles and former senior LTTE leader Emil Kanthan – alleged to have taken lace at the Reconstruction and Development Agency (RADA) in 2006.
Three accused – former RADA Chairman Tiran Alles, former Chief Operating Officer (COO) of RADA Saliya Wickramasuriya and Dr. Jayantha Dias Samarasingheappeared in Courts on summons.
President’s Counsel Nalin Ladduwahetty appearing on behalf of Tiran Alles raised preliminary objections stating the Court cannot serve indictments against first accused since there is an Interim Order by Supreme Court. Defence Counsel stated that the Supreme Court in its order dated on September 2, 2015 directed the all parties to maintain status-quo as at that date , until the final determination of the Fundamental Rights petition. He argued that as part of the Supreme Court order, the AG has no power to file indictments.
However, Additional Solicitor General Yasantha Kodagoda appearing on behalf of the Attorney General informed Court that the Supreme Court order had never issued an order preventing the AG from filing indictments against Tiran Alles.
“The Supreme Court never issued an order to stop investigation against the first accused or preventing AG from filing indictments. The AG is exercising his statutory powers,”ASG Kodagoda added.
Taking into consideration the facts, the High Court Judge then decided to seek a clarification from Supreme Court regarding the issue. The Fundamental Right petition filed by Tiran Alles is to be taken up for further argument before Supreme Court on September 28. The High Court fixed the case for October 6 and the parties were directed to seek a clarification from the Supreme Court regarding its Interim Order.
Followed by this, Colombo High Court Judge Kusala Sarojani Weerawardena today postponed the serving of indictments to former MP Tiran Alles and three others to 2nd November 2016 , since the clarification from the Supreme Court over its Interim Order has not yet been received .
