Alles, Emil Kanthan, and two others discharged in RADA funds misappropriation case

Saturday, 11 July 2020 00:20 - - {{hitsCtrl.values.hits}}

AG’s Dept. informs court case cannot proceed as key State witness has turned adverse to prosecution
Court orders impounded passports be released, travel ban lifted
Orders recall of warrant issued to Kanthan who was tried in absentia

The Colombo High Court yesterday discharged the case involving the criminal misappropriation of Rs. 124 million from RADA filed against four persons including SLPP National List nominee and businessman Tiran Alles and a LTTE intelligence operative Emil Kanthan.

HC Judge Pradeep Hettiarachchi discharged the case after Deputy Solicitor General (DSG) Dileepa Peiris, appearing for the Attorney General, informed the Court that the case could not proceed as a key witness has changed her stance and her evidence is averse to the prosecution.

The witness, former Chief Executive Officer (CEO) of the Reconstruction and Development Agency (RADA) Chandra Kanthi Fernando, who gave evidence yesterday, said that she had not seen any of the original documents with regards to the information based on which the indictments were served and had only seen photocopies.

Though she was listed as a witness for the prosecution, she was cross-examined by DSG Peiris, following which he said as the witness had turned hostile, the AG would not proceed with the case. He also said the AG would examine what action can be taken against the witness later.

Following this, HC Judge Hettiarachchi ordered that all four accused be discharged.

He also issued an order to the Controller of Immigration and Emigration to lift the overseas travel ban imposed on them and ordered that their passports, which are in the custody of the Court, be released.

The Court also directed that the arrest warrant issued on Emil Kanthan be recalled. Kanthan lives overseas and was never arrested in connection with the case and tried in absentia.

The former Chief Operating Officer (COO) of RADA Saliya Wickramasuriya and its former Finance Manager Dr. Jayantha Dias Samarasinghe, who were indicted with Alles and Kanthan, were also discharged from the case.

Indictments against the four were filed based on a complaint by former Western Provincial Council member Nishantha Sri Warnasinghe in 2015 and involves the misappropriation of funds that were allocated to the RADA for building houses for families affected by the tsunami in the North.