Above The Law

by Vimukthi Yapa

Courtesy:- Sunday Leader

(November 03, Colombo, Sri Lanka Guardian) Investigations by The Sunday Leader have revealed that a powerful businessman from the south close to the government has been allegedly accused in a daring abduction case over a dispute concerning a large block of land in Galle, with the help of the local police.

On the afternoon of July 21 this year, young Thirimadura Hiranthika Kalhari watched in horror as four strange men in a blue Land Cruiser with tinted windows bearing registration number GB 8484 drove into the home she thought was their safe haven and abducted her father. The four men, two in police uniform and two in civvies purportedly from the Tangalle police told her they were taking him to the police station for questioning.

Hiranthika Kalhari will forever remember that moment. It was 3.10pm when they snatched her father away from her. Today it will be three months and 10 days since his disappearance.

If the love of money is the root of all evil then the love of land does not follow far behind. Surely if the white van has become a symbol of untold dread in a nation where the culture of impunity has become a way of life then a blue Land Cruiser would do the job just as efficiently and the Mendis family knows this only too well.

Hiranthika’s father Thirimadura Upali Mendis, according to the Title Deed in our possession is the owner of two acres of prime land in Galle with much sought after beach frontage. The value of this property is further enhanced by its proximity to the Light House Hotel. According to the Mendis family the ancestral property has been in their possession for over 40 years. A local strongman and businessman disagrees. He disputes this title claiming the land is his. Senarath, the owner of Premadasa Gems and Jewellery Pvt Ltd not only has the favour of the current regime shining upon him but also has the local police allegedly eating out of his hand.
The Sunday Leader attempted repeatedly to contact Senarath and the Premadasa Gem and Jewellery Company for a comment or an alternative Title Deed or documentation proving ownership but this newspaper has not had any response nor has Senarath availed himself of the Right of Reply this newspaper has offered him several times.

However Upali Mendis’ son Prabath squarely blames the abduction on Ananda Senarath claiming they are in possession of documentation, Title Deeds and other written and oral records not only to prove their suspicions regarding the abduction but also to prove their title to the land. Prabath states he has handed over all written and oral and recorded evidence linking the alleged perpetrators to this heinous crime to the Police. Copies of these recorded conversations have also been duly handed over to the Deputy Inspector General (DIG) Tangalle, SSP Galle, Keerthi De Silva, and Assistant Superintendent of Police (ASP) Panamaldeniya at the Office of the Inspector General of Police.

Upali Mendis’ wife Don Ghanawathi Dissanayaka in fact immediately made a complaint to the Galle Police Station following the abduction and the complaint was recorded in CIB iii (time 17.10, page No. 302, paragraph -355). She was then directed by Senior Superintendent of Police (SSP) Keerthi Silva, to ‘Sahana Mandiraya’ (Relief Centre) in the Inspector General of Police’s (IGP) office. The family made a complaint at this place on 23rd July 2010. The reference of that complaint is IGP/PAC/0/1373/10 and was made by Kalhari, recorded by PS 28373. The complainant in this instance was the Daughter T. H. Kalhari and it was recorded by police officer Dissanayake, PS28373.

Don Ghanawathi Dissanayaka, the wife of Thirimadura Upali Mendis, claims she overheard her husband in a heated conversation on the phone with Ananda Senarath.
In fact the Premadasa Gem and Jewellery official website will reveal that the Senarath family and their company have not restricted their business to gemming alone but is also in to property development.

In fact the site has published several pictures of properties in Kandalama, Kandy, Nuwara Eliya and Udawalawe including of course a picture and description of the Galle land that is hotly in dispute and that has allegedly taken a sinister turn with allegations of abduction.

The description states thus: “2 acres in extent with sea beach frontage along the length of the land, borders the main Colombo – Galle road, the route to all tourist destination down South of the country. Adjoins the 5 star Light House Hotel. Suitable for boutique type hotel. Invites investors for a joint venture.”
Senarath has allegedly told the Mendis family he was offered Rs. 3.5 million for the said land, a figure the Mendis’ find ludicrous given its prime location.
Even though Ananda Senarath has avoided The Sunday Leader, this newspaper learns that he had responded to a family friend who had emailed him about Upali’s disappearance and asked for his help to locate him.

“I am surprised to read the content of your letter, I wish to state that we have a Police Department which is responsible for investigations of any crime/offence committed with the territory of Sri Lanka including any disappearance of a person similar to that of your country. I have neither held nor holding any position or designation in any of the law enforcement authorities,” Senarath stated.

Upali’s wife like the wives and widows of the numerous victims of this regime and its lack of accountability has lost hope. “There has been no response by the IGP in regard to my husband’s abduction,” she says. How can we fight against powerful businessmen who are above the law? How can we expect a proper investigation from the police?