Order on preliminary objections fixed for February 21

The Colombo High Court yesterday fixed for February 21 to deliver its order regarding the preliminary objections raised by former MP Tiran Alles in connection with a Rs.200 million fraud that had allegedly taken place at the RADA in 2006.

President’s Counsel Romesh de Silva with Nalin Ladduwahetty PC appearing for Tiran Alles alleged that prosecutors have failed to follow the provisions of Evidence Ordinance when dealing with computer evidence.

However, Additional Solicitor Yasantha Kodagoda PC appearing for the Attorney General raised a primary counter objection citing it’s premature to raise this objection since the prosecution has not made a decision to call computerised evidence at this juncture.

On a previous occasion, the High Court had allowed the Attorney General to proceed the controversial RADA case in absentia of former North and Eastern Provinces LTTE Financial Head Emil Kanthan, an accused in the case.

The Attorney General had filed criminal proceedings against four accused - former Chairman of RADA Tiran Alles, former North and Eastern Provinces LTTE Financial Head Emil Kanthan, former Chief Operating Officer (COO) of RADA Saliya Wickramasuriya and Dr. Jayantha Dias Samarasinghe in connection with controversial RADA fraud.

On October 18, 2016, the Supreme Court had pronounced that the Attorney General has no obstacle to file indictments against Tiran Alles in the High Court and observed that the Interim Order issued by the Supreme Court did not bar the Attorney General filing indictments against the petitioner (Tiran Alles) based on the findings of the investigation into the incident.

The second accused, Emil Kanthan, is evading courts and the Colombo Special High Court had issued an open warrant for his arrest in connection with the attempted murder of former Minister Douglas Devananda.

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