Alleged LTTE connections led to investigations against certain private TV channels - Senior State Counsel (Daily News June 22nd 2006)

Senior State Counsel Gihan Kulathunga yesterday submitted that the Criminal Investigations Department initiated the investigations into private television channels when the CID was informed that certain channels were allegedly helping the LTTE to transmit their necessary information.

SSC Kulathunga submitted it before the Colombo Additional Magistrate Gihan Pilapitiya when the cases against CBN Sat, LBN and Sat net were taken into consideration.

SSC Kulathunga said while that investigation was in progress the CID found that these channels were functioning without a valid licence.

The Court granted Managing Director of LBN Shivantha Herath, Managing Director of CBN sat Muhanda Kanage and Managing Director of Sat net Laxman Hulugalla Rs. 1,00,000 personal bail.

Attorney Kuwera de Soyza appearing for the Lanka Broadband Network said that their company was a BOI approved company and their company was sealed on June 15, by the CID came with a search warrant. They were not aware yet for what reason it was revealed.

Although they requested for a copy of the search warrant from the CID they did not get it. He submitted that the CID has gained the search warrant hiding certain facts to the court. Since their company was a BOI approved company if any order was issued with regard to such companies it should be done following hearing to their submissions.

The Defence Counsel said that LBN possesses a licence to import equipment, repair, maintain and install those equipment and a broadcasting licence. SSC Gihan Kulathunga stated that LBN does not have the licence from the Rupavahini Corporation and the licence from the Sri Lanka Telecommunication Regulatory Commission for the function of this television channel.

Defence Counsel de Soyza said that they had no objection with conducting investigations but asked that they be allowed to continue transmissions.

SSC Kulathunga said that if the equipment was brought it would cause damage that the CID sealed them and if the relevant authorities inform the court that they were considering giving them the licence he had no objections to them being allowed to resume transmissions.

Attorney Anuja Premaratne appearing for the Sat Net said that their company was not doing any transmission. The transmission was being done from India and their company was only providing an apparatus to customers to receive programmes transmitted from India. Sat Net has the licence to import this apparatus sell, install, maintain and repair and that is what's our company doing.

SSC Kulathunga said that their company was charging a monthly fee from their customers and Defence Counsel said that they were the agent of the Indian company. Thereafter SSC Kulathunga said that it was illegal.

The Judge ordered the CID to submit a further report after investigations on July 6 since the CID requested for more time for further investigation.

Additional Secretary to the Media Ministry Vajira Narampanawa told Court that he handed over the application form of the CBN sat company for a licence to the ministry. He said that the applicants have to fill up other documents which is required from the Ministry and when those requirements are fulfilled the Minister would consider if the company could be given the licence. According to his experience it takes nearly four weeks for this process.

The judge observed that four weeks was too long and instructed to Additional Secretary to inform the court that if it were in a position to issue the licence or not on June 28.

Kuvera de Soyza appeared with Sumedha Mahawanniarachchi for LBN instructed by Sudath Perera Associates.

Senior State Counsel Gihan Kulathunga, Senior State Counsel Sumana Dharmawardana, Senior Superintendent of Police Ravi Vidyalankara, Sub-inspector M.R. Dayaratne appeared for the prosecution while President's Counsel M.L.M. Ameen, President's Counsel Ikram Mohammed, Ian Fernando, Sadi Wadud, Riyad Ameen and Sajeewa Antony appeared for the defence.

President's Counsel Hemantha Warnakulasuriya appeared for the Rupavahini Corporation.