The return of Emil Kanthan

The former LTTE fugitive facing a plethora of charges is expected to arrive in SL after February 11:

by Manjula Fernando

Emil Kanthan with Namal Rajapaksa

There was commotion in the newsroom on Wednesday afternoon when rumours spread that Emil Kanthan, the LTTE frontman who had his name temporarily cleared in the Interpol's fugitive list last week, was to land at the BIA.

But a couple of phone calls only certain places verified the reports to be half true. Emil Kanthan had in fact booked a flight arriving in Colombo from Sharjah, UAE but he wasn't on the flight. The possibilities were, he could have already arrived in another flight under cover or he may have escaped to a third country where he could find refuge, now that his name had been withdrawn from the fugitive list.

Anton Chamil Lakshmi Kannan alias Emil Kanthan is wanted for two pending cases before courts. One is in the Colombo High Court over the attempted murder of EPDP leader, Douglas Devananda. That case is , handled by the Terrorism Investigation Division (TID). The second is before the Fort Magistrate's Court, on misappropriation of RADA's (Reconstruction and Development Agency) State owned tsunami funds.

Soon after the news broke that the Red Notice and arrest warrant on Emil Kanthan had been withdrawn, speculation was rife that he had entered into a deal with the government.Speculators said he had volunteered to be a Sate witness and expose the alleged 2005 deal between the Mahinda Rajapaksa government and the LTTE. It was to keep off North and East Tamils, largely UNP backers, from voting during the 2005 Presidential election. The UNP candidate Ranil Wickremesinghe lost the election by a marginal 2 % votes (less than 200,000), in the country's most closely contested elections in its history.

Emil Kanthan (dailynews.lk)

Dismissing these reports, Saranga Waadasinghe, one of the Defence Counsels representing Emil Kanthan said his client's intention is to turn himself in, plead guilty and seek a lesser sentence, knowing that the government is in the process of rehabilitating ex-LTTE members.

Fugitive forever

The Defence Counsel said the suspect hopes to clear his name and get the Interpol Red Notice cleared since he cannot live as a fugitive forever. He said his client is expected to arrive in the country after February 11 and the Court was asked to recall the arrest warrant and the Red Notice to facilitate his return.

Emil Kanthan who is said to have married twice illegally, has no children. He is said to be in his late thirties. He has had his basic education in Vavuniya.

He is represented by Defence Counsels Saranga Waddasinghe, Laskman Perera and Anton Punithanayagam, a lawyer based in Vavuniya.

They said they were not informed of his whereabouts but a paternal uncle in Vavuniya is communicating Emil Kanthan's interests and they were acting on his instructions to proceed with the case.

According to investigating officers of the CID and the Special Investigation Unit of the Police (SIU), which is handling the RADA case, Emil Kanthan is an LTTE frontline intelligence leader who had close ties with politicians of different governments in the past. He held the post of coordinating secretary to the Rehabilitation Minister during late Minister Jayalath Jayawardena's tenure, working also as his interpreter in 2002.

He held the post of LTTE's North-East financial head and was the middle-man between the LTTE and the government during the reconstruction of tsunami houses in LTTE held areas in 2006.

Heard in absentia

He has a plethora of charges, from arms deals to murder. In one case he is investigated for transferring of some Rs.80 million worth of leased vehicles to the LTTE outfit, hoodwinking a private bank.

Last week, the Colombo High Court withdrew the Interpol red notice after lawyers appearing for Emil Kanthan informed he was ready to surrender and take part in the trial. The case was to be heard in absentia under Section 240 of the Penal Code.

In this particular case, Emil Kanthan is being tried on three charges, including attempted murder and causing grievous injury to EPDP Leader Douglas Devananda, when the latter visited LTTE inmates in the Kalutara prison in 1998. Emil Kanthan was serving a sentence at the time. Devananda who was attacked with sharp and blunt weapons was admitted to hospital with serious head injuries.

Absconding

The case 762/2006 was filed against Emil Kanthan and 15 others at the Kalutara High Court in 2006. Due to security reasons the case with a fresh number 4548/2009, was transferred to the Colombo High Court in 2009.

Since 2002, Emil Kanthan has been absconding and there was an open warrant for his arrest. The investigation officers traced him up to Dubai. The suspect was said to be living in a Western country undercover. In 2007 TID took over the Devananda case and obtained an Interpol Red Notice three years later in 2010, alerting all airports to arrest him on sight.

Three suspects in the Devananda case are currently in remand custody and 13 others including Emil Kanthan, who is the second accused, have escaped overseas. His counsel said the other suspects may also return with Emil Kanthan for the trial.

Despite being an LTTE intelligence leader and the Eastern Financial head, his counsel said Emil Kanthan has not been indicted on terrorism charges. This claim was confirmed by investigating officers.

In the RADA case, where businessman Tiran Alles and six others have been indicted on misappropriation of millions of State money, Emil Kanthan is wanted for questioning. It transpired in Court that in early 2006, Chairman of RADA Tiran Alles and the CEO, Dr. Saliya Wickremasuriya, visited the North and East accompanied by Emil Kanthan to inspect tsunami-ravaged areas under LTTE control and discuss ways to channel funds for reconstruction. Two building contractors were introduced to RADA officials by Emil Kanthan during this visit and it later transpired no houses had been built, although a staggering Rs.169 million was paid to these companies for housing re-construction by the State through RADA.

Six suspects in the case are currently enlarged on bail and the next hearing of the case is fixed in March.

An arrest warrant on Emil Kanthan was issued by the Fort Magistrate in connection with this case but in the light of new developments this warrant , which controlled his travel within the country has also been recalled. Emil Kanthan's Defence Counsel said the CID, TID and Immigration will be notified of his arrival and counsel Anton Punithanayagam is expected to escort him back to Sri Lanka.

He said Emil Kanthan will be here after February 11 and two weeks after that, a motion will be filed in court for his surrender.

The Devananda case will be taken up again on February 24.