Aloysius and 7 others served indictments; granted bail

The Permanent High Court-at-Bar today served indictments on 8 accused in the the Central Bank bond scam case including Perpetual Treasuries Limited (PTL) owner Arjun Aloysius.

The defendants were subsequently granted bail by the court, Ada Derana reporter said.

The case was taken up before a bench comprising Justices Sampath Abeykoon, Sampath Wijeyaratne and Champa Janaki Rajaratne in the Special High Court today (19).

Ada Derana reporter said that no attorneys were present at the hearing on behalf of the first defendant in the case, former Central Bank governor Arjuna Mahendran, and the tenth defendant, Ajahn Gardiya Punchihewa, who also failed to appear before the court.

Following the service of indictments against the 8 accused, the court ordered that they be released on a cash bail of Rs 1 million each and two personal bails of Rs 2.5 million each.

The Trial-at-Bar ordered that one of the two bail signatories should be a relative of the defendant while all 8 of the accused were barred from leaving the country and were also ordered to handover their passports to the court.

Additional Solicitor General Priyantha Nawana requested the court to issue a warrant for the arrest of the chief accused in the case, Arjuna Mahendran, who is absconding and is believed to be in Singapore.

However, after long deliberations, the court announced a decision on the request would be delivered on July 24.

The defendants in the case include Lakshman Arjuna Mahendran, former Central Bank Deputy Governor Paththinige Samarasiri, Perpetual Treasuries Limited, PTL owner Arjun Joseph Aloysius, CEO Kasun Oshadhi Palisena, chairman Geoffrey Joseph Aloysius, directors Pushyamithra Gunawardena, Chitta Ranjan Hulugalle, Muthuraja Surendran and Ajahn Gardiye Punchihewa. 

The Attorney General filed indictment against former Central Bank Governor Arjuna Mahendran and 9 others before the three-member Permanent High Court Trial-at-Bar last month.

The Special High Court had summoned the accused to appear before the court today (July 19) for service of indictment.

The Attorney General had present the indictments on 23 counts involving the charges against the suspects, under the Public Property Act and Registered Stocks and Securities Ordinance.

Earlier this month, the Attorney General had requested permission from the Chief Justice to file indictments against the 10 defendants over the Central Bank treasury bond scam, with the Permanent High Court-at-Bar.

On June 13, the AG received the approval of the Chief Justice to hear the case before the Permanent High Court-at-Bar in the Western Province.

Satisfied with the information filed by the Attorney General in the bond scam case involving the former Central Bank Governor, former Deputy Governor P. Samarasiri, Perpetual Treasuries Limited and its Directors, the Chief Justice had ordered that the Permanent High Court-at-Bar in the Western Province try the case in respect of the offences stated in the information submitted to him.

Issuing a statement, she said that having considered the information referred by the Attorney General under Section 12A(4)(a) of the Judicature Act as amended by Act No. 09 of 2018 and the Chief Justice being of the opinion that the information satisfied  criteria (i) (ii) (iii) and (v) specified in Section 12A(4)(a) has made Order under Section 12A(4)(b) of the said Judicature Act directing that Criminal Procedings in respect of the offences stated in the said information be instituted before the Permanent High Court-at-Bar in the Western Province against the suspects. 

The defendants include Lakshman Arjuna Mahendran, former Central Bank Deputy Governor Paththinige Samarasiri, Perpetual Treasuries Limited, PTL owner Arjun Joseph Aloysius, CEO Kasun Oshadhi Palisena, chairman Geoffrey Joseph Aloysius, directors Pushyamithra Gunawardena, Chitta Ranjan Hulugalle, Muthuraja Surendran and Ajahn Gardiye Punchihewa.

The indictments have been filed on charges pertaining to the Treasury Bond auction on February 27, 2015.

Seven of the charges laid against the suspects are as follows;

• Conspiracy to commit criminal misappropriation in respect of Treasury Bonds to the face value of Rs 10.058 billion. (against all suspects)
• Criminal breach of trust in respect of Treasury Bonds to the face value of Rs 10.058 billion (against Arjuna Mahendran and Paththinige Samarasiri, the first and second suspects) and thereby causing a loss to the government in a sum of Rs 688,762,100
• Abetting Arjuna Mahendran to commit criminal breach of trust in respect of Treasury Bonds to the face value of Rs 10.058 billion (against Paththinige Samarasiri)
• Criminal misappropriation in respect of Treasury Bonds to the face value of Rs 5 billion (against the Perpetual Treasuries Limited)
• Abetting the Perpetual Treasuries Limited to commit criminal misappropriation (against all the other suspects)
• Committing insider dealing by the Perpetual Treasuries Limited
• Abetting the Perpetual Treasuries Limited to commit insider dealing (against all the other suspects)