Former Fisheries Minister Rajitha Senaratne remanded till September 9

By Bhagya Silva  

Former Fisheries Minister Rajitha Senaratne was ordered to  be remanded till September 9 by Colombo Chief Magistrate Asanga S.  Bodaragama yesterday, in connection with the alleged misappropriation of  state funds through a sand mining project at the Kirinda Fisheries  Harbour.  

According to the Bribery Commission, on May 19, 2012, the  then Minister of Fisheries Rajitha Senaratne had awarded a sand mining  project at the Kirinda Fisheries Harbour to a Korean company without  following the proper procurement procedure or obtaining Cabinet  approval, causing a loss of more than Rs. 200 million to the Government.  The project had reportedly been initiated solely on the basis of a  report submitted by former Chairman of the Ceylon Fisheries Harbour  Corporation, Upali Liyanage, who is named as the first suspect in the  case.  

Deputy Director General of the Bribery Commission,  Sulochana Hettiarachchi informed court that the second suspect, former  Minister Rajitha Senaratne had deliberately evaded the Commission and  failed to present himself to record a statement. She further submitted  that a notice had been issued on July 2 directing the suspect to appear  before the Commission to give a statement but he had failed to do so,  claiming through a lawyer that he was ill. At that time, only a  prescription was submitted as proof, without any doctor’s name or date  of treatment. A subsequent medical report was later produced, certified  by Deputy Director of the National Hospital, Dr. Rukshan Bellana.  

On August 8, a search warrant was executed at several  locations where the suspect was believed to be hiding, but he could not  be found. The Commission stated that certain individuals, including the  suspect’s son, had attempted to obstruct the investigations by making  public statements to the media.  

Appearing on behalf of the suspect, President’s Counsel  Anuja Premaratne argued that his client had not absconded from court but  had only sought legal relief. He submitted that his client had been  unable to appear before the Commission earlier due to being  hospitalised, and that initially only a prescription had been submitted,  since government hospitals do not issue medical reports during ongoing  treatment. He added that a proper medical certificate had later been  provided. Counsel told that there was no necessity to remand the suspect  merely to record a statement and that his client was prepared to appear  before the Commission voluntarily if required. He therefore requested  that the suspect be released on suitable bail, assuring court that he  would not interfere with witnesses.  

After considering the submissions, the Magistrate rejected  the bail application, noting that the suspect had failed to voluntarily  assist the investigation and that there was no assurance he would return  to court if released. The Magistrate further observed that, under  Section 5 of the Criminal Procedure Code, the Bribery Commission was  vested with all necessary powers to take the suspect into custody and  accordingly ordered that he be remanded till September 9.  

The Magistrate also directed the prison authorities to  produce him before the Bribery Commission on September 3 at 9 a.m. to  record his statement.  

The case filed against former Fisheries Minister Rajitha  Senaratne, for allegedly influencing the Board of Directors of the  Fisheries Corporation to lease out the Modara Fisheries Harbour to a  private company at a low rate, was taken up before the Colombo High Court  yesterday morning.  

When the matter was called, the Bribery Commission informed  Court that in this case there are three accused. The first accused,  former Minister Rajitha Senaratne, is also a suspect in another case  pending before the Colombo Magistrate’s Court, where a warrant has been  issued against him.  

It was further submitted that the suspect had continuously  evaded the Bribery Commission and court proceedings, resulting in  warrants being issued and therefore his bail in the present case should  be revoked.  

The Judge observed that it had been established before  Court that a warrant had been issued against the accused and that he was  aware of it. Accordingly, the Judge stated that the Court was bound to  act upon the warrant.  

Thereafter, the Judge ordered that the accused, former  Minister Rajitha Senaratne, be immediately placed in remand custody and  directed that he be produced before the Colombo Magistrate’s Court in  connection with the pending case there.  

The Judge further instructed prison officials to keep the  accused in remand custody until he is produced before the Colombo  Magistrate’s Court.