{"id":49371,"date":"2016-11-03T00:31:21","date_gmt":"2016-11-03T04:31:21","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=49371"},"modified":"2016-11-03T00:31:21","modified_gmt":"2016-11-03T04:31:21","slug":"defence-counsels-in-rada-case-involving-ex-mp-tiran-alles-and-three-others-critical-of-attorney-general-for-discriminatory-conduct","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=49371","title":{"rendered":"Defence Counsels in RADA Case Involving Ex-MP Tiran Alles and Three Others  Critical of Attorney-General for Discriminatory Conduct"},"content":{"rendered":"<p><strong>By Ishara Ratnakara<\/strong><\/p>\n<p>The Counsels appearing for the accused in the RADA case yesterday charged that the Attorney General (AG) was acting in a manner so as to punish a select few persons chosen politically unlike never before in the history of the country.<\/p>\n<p>While condemning the vicious conduct of the AG in the Colombo High Court, President&#8217;s Counsel Nalin Ladduwahetty, appearing for the accused, pointed out that legal action was being filed by the AG&#8217;s office after having chosen a select few cases that arrive at that office from time to time.<\/p>\n<p>He told Court that the country&#8217;s first citizen had himself pointed out on the politically influenced conduct of the said office.<\/p>\n<p>Counsel Ladduwahetty pointed out that the RADA case, which had been filed by the AG in the Colombo High Court, without the original copies and through photostat copies was a crumbling case.<\/p>\n<p><!--more--><\/p>\n<p>He said that as the AG had understood that he will be unable to punish those who are accused in the said case and he was taking such measures as to remand the suspects and punish them through such an exercise.<br \/>\nThe Counsels appearing for the accused in the RADA case, former MP Tiran Alles, Anthony Emil Kanthan, Rohan Wickremasuriya and Jayantha Samarasinghe, made the above submissions to Court after Additional Solicitor General Yasantha Kodagoda had requested the Court to incarcerate the suspects in the said case, which was taken for hearing in the High Court yesterday.<br \/>\nThe AG has indicted the suspects based on the Public Properties Act.<\/p>\n<p>The Counsels appearing for the accused severely criticized and condemned the request made by the Additional Solicitor General, to Court, to imprison the suspects.<\/p>\n<p>Making further submissions to Court Ladduwahetty PC, appearing for his client, former MP Tiran Alles, had this to say:<\/p>\n<p>&#8220;Due to special reasons, that have cropped up, I request Court to grant bail to my client. He has also obtained medical treatment having gone overseas several times in the recent past. All those documents related to the receiving of medical treatment had been submitted, when requesting for bail at Court room No 6 of the Colombo High Court. My client is a heart patient. Around 90 per cent of his arteries have been blocked. He has also been advised to receive immediate attention if he experiences any tension. He has already received medical treatment from Professor James Moore, who is a British Cardiologist, Cardiologist Dr. Sivadasan from Singapore and Colombo JMO Ajith Tennakoon.&#8221;<\/p>\n<p>At this stage Counsel Ladduwahetty submitted all medical certificates and reports of treatment received by the former MP Alles to Court.<\/p>\n<p>Continuing, he stated &#8220;Even after a period of time the arteries which are blocked do not reduce. It can only increase. My client did not obtain any reports from the JMO. When we sought approval to go abroad, the Court advised us to seek a fresh report from the JMO stating that the other reports were false. However, the Additional Solicitor General appearing for the AG has requested a week&#8217;s time to seek a report from the JMO concerning the health of my client. This request which is sought on the advice of the AG is for seven days and during that time span if something fatal happens to my client, who is going to claim responsibility for it. The Additional Solicitor General could say whatever he wants. But, some of the things that he uttered here have proven to be false.<\/p>\n<p>If something fatal happens to my client, then his being granted bail afterwards will be futile. What is this case? It is being filed at the behest of someone else. It is the Court that decides whether there are any special reasons or circumstances for the suspect to be granted bail or not. The Court cannot scour for such reasons at the behest of the AG. When we sought bail from the High Court Room No 6 the AG pointed out that my client&#8217;s medical reports were false. However, the medical reports submitted by us were accepted by the Court. The AG has given us a large quantity of papers with the charge sheet. However, a report given by a police officer that states that these charges are all Photostat copies and not originals, was discovered by us.<\/p>\n<p>My client also has to be constantly monitored by a specialist doctor. If he is imprisoned then his medical condition cannot be looked after. He also has to remain free of any tension. Due to the extreme medical condition to his life he cannot be subjected to a tension filled atmosphere. The Prisons Department also does not have ECG facilities. The AG is seeking JMO reports only from a chosen few. My client has already assisted the probe related to this case. He also appeared at the Police station. He also appeared in Court whenever noticed. Due to these reasons I request my client to be released on bail.&#8221;<\/p>\n<p>Attorney Nalinda Indratissa, appearing for the fourth suspect in the case, had this to say.&#8221;This will neither be the first nor the last case that the AG had filed on the Public Properties Act. But now it has been proved that the AG&#8217;s office is enforcing the law with vested interests. The AG has objected to our clients being granted bail. However, they were granted bail by the Fort Magistrate Court. There are no two cases for the AG to object to our clients being released on bail. So what is the reason behind the AG to act in this manner with regard to this particular case. This request by the AG demanding that our clients be remanded is done with malicious intent.&#8221;<\/p>\n<p>Additional Solicitor General Yasantha Kodagoda, appearing for the AG said, &#8220;When the accused in this case are remanded they could seek medical attention from the Prisons Department. If they so wish they could even seek such treatment either from the Colombo National Hospital or from any private hospital. Therefore, I request the suspects to be remanded.&#8221;<\/p>\n<p>The indictments filed against the suspects by the AG were handed over to them at the Colombo High Court yesterday. High Court Judge Kusala Sarojini Weerawardene ordered the suspects to be remanded till 10 November. The Judge also ordered the Prisons Director to provide the available necessary medical facilities to the first accused in the case, former MP Tiran Alles.<\/p>\n<p><em>Courtesy:Ceylon Today<\/em><\/p>\n<div id=\"tweetbutton49371\" class=\"tw_button\" style=\"float:right;margin-left:10px;\"><a href=\"http:\/\/twitter.com\/share?url=https%3A%2F%2Fdbsjeyaraj.com%2Fdbsj%2F%3Fp%3D49371&amp;text=Defence%20Counsels%20in%20RADA%20Case%20Involving%20Ex-MP%20Tiran%20Alles%20and%20Three%20Others%20%20Critical%20of%20Attorney-General%20for...%20&amp;related=&amp;lang=en&amp;count=horizontal\" class=\"twitter-share-button\"  style=\"width:55px;height:22px;background:transparent url('https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/plugins\/wp-tweet-button\/tweetn.png') no-repeat  0 0;text-align:left;text-indent:-9999px;display:block;\">Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>By Ishara Ratnakara The Counsels appearing for the accused in the RADA case yesterday charged that the Attorney General (AG) was acting in a manner so as to punish a select few persons chosen politically unlike never before in the history of the country. While condemning the vicious conduct of the AG in the Colombo &#8230;<\/p>\n<p><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/?p=49371\" class=\"more-link\">Continue reading &lsquo;Defence Counsels in RADA Case Involving Ex-MP Tiran Alles and Three Others  Critical of Attorney-General for Discriminatory Conduct&rsquo; &raquo;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[12],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/49371"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49371"}],"version-history":[{"count":1,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/49371\/revisions"}],"predecessor-version":[{"id":49372,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/49371\/revisions\/49372"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49371"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}