WTC freed from trespassing and mischief charges

Monday, 11 March 2019 00:37 - - {{hitsCtrl.values.hits}}

By T. Farook Thajudeen

Fort Magistrate Court freed Messrs. Overseas Reality (Ceylon) PLC, the owner of the World Trade Centre (WTC) from alleged offences punishable for criminal trespassing and mischief.

The Fort Police had reported to Fort Magistrate Ranga Dissanayake that Madhuritha Rajapakse, a tenant in Level 6 East Low Block, had complained to the police that his premises had been illegally trespassed and mischief had been caused to the plaintiff while illegally repossessing the premises by Overseas Reality, the owners of WTC.

The police, filing a case under No. B/2611/15, had informed the court that they were conducting investigations to ascertain whether the owners of WTC had committed an offence punishable for Criminal Trespassing and Mischief.

During the inquiry before the Magistrate, President Counsel Chandana Liyanapathabendi, appearing with Harshana Ranasinghe, Sunanda Deshapriya and Mokshi Silva on behalf of Overseas Reality, submitted that principle officers such as the CEO as well as the Manager – Legal had made statements to the police describing full facts with sufficient documents and other materials to the police.

He said his client had leased out the premises to Rajapakse for a period of three years by a lease agreement that was duly executed on 15 August 2012. However Rajapakse had neglected to pay rent and other charges connected to the lease on time as stipulated in the said lease arrangement and continued to be in debt to his client. Furthermore, several cheques issued by Rajapakse were also dishonoured, said the counsel.

Therefore his client informed the lessee that the lease agreement cannot be renewed and to hand over vacant possession of the property at the termination of the lease. Counsel Liyanapathabendi further submitted that even though the plaintiff had been repeatedly informed to remove the movable property vacate the premises, the lessee had failed to adhere to the demands which were lawfully made.

Therefore, his client had repossessed the premises on 6 September 2015 by a strictly legal and transparent procedure adopted, where all movable property within the premises as inventoried and safely stored in the presence of auditors of Price Water House Coopers and company representatives. The company said the entire process was video recorded to ensure transparency and accountability.

Hence the counsel pleaded the court to conclude the criminal proceedings pertaining to this investigation. The Magistrate concluded the case and the defendant was acquitted of all charges.