(Lanka-e-News -09.Oct.2016, 5.20PM) If a supreme court gives a directive that a notorious crook shall not be arrested who lined his pockets with a colossal sum of money of the State amounting to many of rupees under the guise of building houses for Tsunami victims , and who committed the worst ruthless robbery of the century, how could that court truly be a ‘supreme’ court (SC) of the country ?
Consequent upon the dastardly action of the SC , even serving the indictment sheet on the Blue Brigade accused has been rendered difficult. Instead of dispensing justice and because of the SC’s backstreet ‘circus’ acrobatics with a view to mislead the law abiding citizens , the SC has without abiding by the rules of law and justice created room and space to the most notorious crooks who committed the RADA fraud involving billions of rupees to escape from the arms of the law . May we emphasize , the masses for good governance did not bring about the victorious rainbow revolution on 2015-01-08, not to continue witnessing these stealthy acrobatics and disgraceful circuses to the detriment of the country.
Therefore in the best interests of the masses and the country, Lanka e news decided to reveal all the data and details in regard to this worst graft case and fraud of the century ….
The first complaint in connection with this massive scam was lodged on 2015-02-28, and Police investigation was launched into this on 2015-03-31.Based on the investigation via a B report 642/2015 submissions were made to the Fort magistrate court.
The launching of RADA ….
On the 28 th of November , the welfare services Institution run by the government until then was replaced by Mahinda Rajapakse, and RADA was established in its place. This robbery oriented RADA Institution with sole and whole intent to racketing can be considered as having been formed on the 28 th of November 2015 soon after Mahinda Rajapakse was sworn in as president on 19th November 2005
In 2005 ,Machiavellian Mahinda became the president based on the illicit pact signed with the LTTE terrorists after making huge cash payments to the latter , and after a boycott of elections in the North was successfully staged through the LTTE. The broker who played the key role in this dastardly , deplorable and despicable ‘game’ was Tiran Alles.
When Alles went to meet Mahinda in the morning of the day Mahinda was installed as president , Mahinda greeted and hugged Alles saying ’ Malli (younger brother) you are the one who made me win’. The media reported this incident at that time. Tiran Alles was made the chief of the RADA Institution that was created by Mahinda even before ten days had elapsed since his investiture . The Board members of the RADA Institution were :
Chairman and CEO – Tiran Alles
Board of Directors
On the 30 th of December 2005 , Tiran Alles and Saliya Wickremesuriya travelled to Kilinochchi with Emil Kanthan (who represented the LTTE in the negotiations to carry out the elections boycott), and they met with Puvannan Iniavan the LTTE leader of Kilinochchi district . Thereafter , they met the district secretaries of Kilinochchi , Vavuniya, Mulaitivu, Trincomalee and Batticaloa districts , and requested the lists of names of the Tsunami victims purportedly to construct houses for them. The selection of contractors were to be done outside the purview and procedures that are followed by the government , and that task was entrusted to Alles and Puvannnan Iniavan.
Tiran Alles and Emilkanthan after meeting Ananda Shanthikumar floated the B & K Holdings Co. The Directors of that Co . were Ananda Shanthikumar , and his sons , Gajan Kumar , Kishore Kumar and Barkav Shanthi Kumar. This Co was registered on 2005-12-27 .
It was the same Campany secretaries , namely L.M. Management which registered the other Co. of Alles that registered this Co. too.
B & K Holdings that was registered on 2005-12-27 was summoned for participation in the discussion that was held in Kilinochchi on 30 th December itself . Unbelievably , ignoring all tender procedures of the government and violating all the rules ,B& K Holdings was awarded the tender . B&K Holdings had opened two accounts in two Banks- Hatton National Bank and Commercial Bank.
While the B&K Holdings was carrying on the contract , on 2005-12-30 , arrangements were made to launch another Co. in the name of G S Builder and Consultant , and that Co . was not registered. However ,the previously mentioned Shanthi Kumar and Gajan Kumar were made partners of this Company .
In addition , for purposes of construction of the houses , the previously mentioned G S Builder and Consultant was chosen as the advisory Co. , and RADA Co. has requested from the former to name three companies .
The most perturbing and perplexing part of this most ingeniously planned colossal fraud is : When G S Builder & Consultant was naming three companies , they chose B & K Holdings and two other unregistered companies. Later it was B& K Holdings that had been selected. It is crystal clear , this is a situation worse than that in which the mother of the culprit is asked to hear the case. Alles and RADA were asked to organize the racket.
Dils Abeysuriya who represented the Government in the tender Board ,in his statement to the police had revealed , this tender cannot be awarded since the procedures were not duly followed , and it was only possible to recommend the lowest bid. Saliya Wickremesuriya was the chairman of the tender board , while Kaushalya Rajapakse and Dils Abeysuriya were members of the board.
Finally , heeding no one , the tender was awarded to B & K Holdings . That Co. without constructing any house for Tsunami victims ,had collected the funds from the government most ingeniously and fraudulently .
Jayantha Dias Samarasinghe as the Finance Director of RADA Co. has been paying by cheques for the vouchers submitted . Besides, government rules governing such payments too were flagrantly not followed in that connection. While claiming 400 houses were to be built in Trincomalee under a project from February to April 2006 , payments had been collected via four cheques after submitting claim vouchers . Yet , not one house was built , not even the soil was dug in that connection !
More bogus companies ! Another spurious company by the name Everest Civil Engineering was floated allegedly to construct houses in Batticaloa. That was registered on 2006-02-23 as a joint venture of the Western provincial council (PC) . The partners of that company were : Kandasamy Sothirajan and Karuppaiah Sasikumar. Both of them are LTTE cadres residing in Vavuniya ,and classmates of Emilkanthan . This Co. had maintained accounts in Commercial Bank and Hatton National bank.
In the same way as before , this Co. too was awarded the tender to construct 400 houses in Batticaloa without following government tender procedures . They too without constructing a single house , had collected a whopping Rs. 125 million via 9 cheques by preparing forged documents and records. They had even forcibly obtained the recommendations and signatures of the district secretaries to collect the payments. The statements made by secretaries of the district to the police mention that they had to give the recommendations and place their signatures because of the political power wielded by Tiran Alles , and out of fear for the LTTE .
By June 2006 , when charges were being mounted that no construction had taken place against RADA Institutution , and there was misappropriation of State funds , Saliya Wickremasuriya left RADA and became chairman of Ports Authority .
Subsequently , Chandra Fernando following discussions with Everest Civil Engineering Co. took steps to terminate the agreements signed until then. The signatories to that final agreement were only Saliya Wickremesuriya , Jayantha Dias and Gajan Kumara , whereas the signatures of others have been forged.
The total robbery committed by Tiran Alles in this daylight robbery is a staggering Rs. 650 million approximately ! it has been revealed. This robbery of the century is just the tip of the iceberg . Truly , the Blue brigand robbery has a much worse impact on the country because while being at war against the LTTE terrorists , this monumental scam has been committed joining hands with the enemies – a most traitorous act !
It was during this period Tiran Alles launched his media Institution. His expenditure when inaugurating the Institution shocked many other media Institutions because he spent only the same amount generally expended to start a media Institution . But that truly was not a matter for surprise because all those expenditure were only an infinitesimal sum of monies robbed from the government !
What most rudely shocked the country to its foundation was the order given by the SC on 2015-09-02 : Since Alles seems to have not committed a wrong , he shall not be arrested. Though this was most incredible but that was the factual order given by the SC after examining a fundamental rights (FR) petition filed by the culprit ! This was not only most ridiculous but ludicrous because while the lower High court was hearing the case against the culprit , the SC delivered such a mocking judgment . The crucial question is, can the SC give such an order while the case is being heard in the High court ? This is suggestive that any culprit and murderer can file an FR petition in the supreme court while his/her case is being heard in the lower High court , and ward off arrest and punishment .
After filing the case No.8377 /16 in Colombo High court 05 , on 2016-08-23 , indictment sheets were to be served on the accused including Tiran Alles.
The accused in that case are :
Saliya Wickremesuriya and
Jayantha Dias Samarasinghe.
On that day , the accused did not accept the indictment sheets. They informed that based on the SC order of 2015-09-02, there is no wrongdoing apparently committed by Alles. Therefore , since there is an SC order delivered that he ought not be arrested ,the High court had made a mistake . Citing these reasons , the charge sheet was not accepted by them . Besides ,the accused requested that the SC directive be adhered to as the SC is calling up the case again .
Nevertheless , when Shanthi Kumar and Gajan Kumar were arrested on 2015-04-06 and produced before Fort magistrate court , the police making submissions said , Tiran Alles is the prime accused.
The police sought Attorney General’s (AG) advice from 2015-04-07 to 2015-05-19 to arrest Tiran Alles . After the AG ordered on 2015-05-19 that Alles be arrested, the SC issued notice to the police not to arrest him.
After giving an order to make submissions on 2015-05-27 ,and saying written submissions were handed over on 2015-08-05 , on 2015-09-02 the three judges panel of the SC comprising the chief Justice , and judges Eva Wanasundara and Rohini Marasinghe issued an interim restraining order against the arrest of Tiran Alles.
On 23 rd August 2016 when the case was called up again by the High court , the accused including Tiran Alles informed that they are agreed to accept the charge sheets served by the High court in accordance with SC order of 2016-08-09 , and since there existed no SC order militating against it.
Subsequently , the SC on 2016 -08-29 stated the verdict will be delivered on 2016-10-05 . Accordingly ,the HIgh court decided to hear the case on the 6 th of October. Yet the SC postponed the case again until 10 th October without delivering a verdict.
On the 6th of October when the case was called up in the High court , the group of frauds including Tiran Alles advanced the contention that the High court cannot serve charge sheets owing to the interim order of the SC. Since the SC case is to be heard again on the 10 th of October , the High court case has been postponed until the 2 nd of November.
On the last occasion when the case was heard on 5 th October , the SC pulled the wool over the eyes of the law abiding cirtizens of the country. On that day when this case was called for hearing , the case file was in court 403, and the judge in that court was Eva Wanasundara . The CJ was in court 502 on that same day . What Eva Wanasundra said was , since the CJ should be present to deliver a verdict , and because he is in another court , the case has to be postponed until the 10 th.
If this is going to be the ‘circus’ the acrobats in courts are going to perform to dupe the law abiding citizens of the country , the courts can make this an unending circus despite the law abiding citizens frowning on it , for there are more shameless clowns without gowns performing in this nefarious circus than in the ordinary circuses.
If one reads the long dilatory and cicuitous route taken by this case , anyone with a horse sense would understand what we mean, and what amount of goofing around had gone on …
The Fundemntal rights petition SC FR 171/2015 filed by Tiran Alles was first heard by the SC on 2015-05-17 and postponed until 2015-06-11 to examine the petition
The so many postponements thereafter …
Postponed on 2015-06- 11 until 2015-06-29
Postponed on 2015-06-29 until 2015-07-06
Postponed on 2015-07-06 until 2015-07-10
Postponed on 2015-07-10 until 2015-07-27
Postponed on 2015-07-27 until 2015-08-28
Postponed on 2015-08-28 until 2015-08-30
Postponed on 2015 -08-30 until 2015-08-05
On 2015-08-08 when the case was heard the written submissions made by both parties were to be examined and a date was to be notified , yet no date was fixed. Meanwhile an interim restraining order was issued on 2015-09-02 . That order was not to arrest the petitioner under the circumstances.
On 2015-11-19 , though the case was called up it was postponed until 2016-06-22 saying , petition shall be examined
Postponed on 2016-01-22 until 2016-03-30
Postponed on 2016-03-30 until 2016-08-09
Postponed on 2016-08-09 until 2016-09- 28
Postponed on 2016-09-28 until 2016-10-05
Postponed on 2016-10-05 until 2016-10-10
The accused in this massive scam are :
Shanthikumar Gajan Kumar
Anandi Shanthi Kumar
Rohan Saliya Abeysinghe Weere Wickremesuriya
Ponmudi Sri HaRa Sudhan
Jayantha Dias Samarasinghe
These accused were arrested and released on bail after being remanded. However the SC had toiled hard even soiling its name to save the prime accused Tiran Alles alone . He had not only been rescued from being arrested , but even had been protected from being served the indictment sheet . Certainly , the law abiding citizens can never ever feel happy over the manner and methods resorted to by the SC , when it is making justice a travesty so shamelessly and with impunity .
This article is based on the B report funished to court
by (2016-10-09 12:01:17)
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At the end of the day they will all go scot free because they will strike a "deal". You scratch my back and I will scratch your's. All have skeletons in their cupboard and can be blackmailed with the threat of exposure.
-- by Eddie Wijesuriya on 2016-10-10