Wednesday, 10 March 2004  
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Rs. 5 m defamation case:

Mahendran did not submit report from Police in Japan as requested - Witness

by Indeewara Thilakarathne

"I knew the plaintiff since 1991 as he met me at consular office to lodge a complaint against former Sri Lankan Ambassador in Japan Charlie Mahendran who is the defendant in this case", said Gamini Senaviratne, a senior diplomat, former Secretary, Ministry of Foreign Affairs in the Sri Lanka Foreign Service testifying before Colombo District Court yesterday.

The defamation case for Rs. 5 million was filed by Dr. M. G. M. S. Zurfick against Charlie Mahendran, then Ambassador for Sri Lanka in Japan, for inaction on his part and not providing consular support to the plaintiff.

Examined by the plaintiff's counsel Lashman Keerthisinghe, the witness said that the plaintiff had told him that he was beaten up and robbed by Japanese national at his apartment and that the defendant failed to give any consular support to him.

The witness Gamini Senaviratne said that he held an inquiry into the alleged robbery and attack on the plaintiff, while the defendant was in Japan. He said when he contacted Charlie Mahendran, on several occasions , by phone the defendant had told the witness that plaintiff was a racketeer who had sold imitation glass gems to a Saudi Ambassador.

Charlie Mahendran questioned the witness as to why he was not aware of the plaintiff who allegedly engaged in fraudulent deals. The witness had requested Mahendran to submit a police report from the Japan Police.

"As of now, no such report was submitted either to the Foreign Ministry or to the Japanese Embassy", said the witness.

At the stage the defence Counsel objected to an application made by the petitioner's counsel to produce a document marked "Confidential" memo dated 24.11.1991 that allegedly contains defamatory materials.

The further hearings were put off for July 12,2004.

Romesh de Silva PC appeared for the defendant while Lashman Keerthisighe appeared for the plaintiff.

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