DEFAMATORY PUBLICATIONS CARRIED OUT THROUGH 'ISIRA RADIO'
SAMAN SENADHEERA
Attorney- at- Law
2A,
Indipendace Avenue, Contact : 0718322839
Colombo 07. Email:
[email protected]
28th October 2011.
Mr. Shan Wickramasinghe.
Chairman,
Isira Radio,
Teleshan Network (Pvt) Ltd,
Dampe,
Piliyandala.
Dear Sir,
DEFAMATORY PUBLICATIONS CARRIED OUT THROUGH 'ISIRA RADIO'
I write on the instructions of my client Mr Dilith Susantha Jayaweera of No 53/3, Gregory's Road, Colombo 7
I am instructed by my client to write to you stating that my client is the Joint Managing Director of Triad (Pvt) Ltd the iconic indigenous advertising agency of Sri Lanka.
My client holds a LLB from the University of Colombo and is an Attorney-at-Law by profession. He also holds a MBA from the University of Wales.
My client being a co-founder through sheer hard work, commitment, and dedication together with unparallel and unmatched creativity seen in the industry has guided 'Triad' to be the number 1 advertising agency in the country in the process inter-alia has guided many local companies to be market leaders in their chosen field. Many campaigns spearheaded by my client has created important landmarks in Sri Lankan advertising industry including the highly successful “ Api Wenuven Api “ campaign launched for the armed forces.
Based on the success built on the advertising industry my client over a period of time has embarked on a successful diversification of business endeavors including Advertising centric backward integration like Photography, TV production, Outdoor advertising, Public relations, Corporate publications & annual report production, Publishing, Pre-press & printing. Developing the Group’s interest into other fields of vibrant commercial activity, my
client has also initiated and is presently successfully running companies in the areas of Finance, Leisure, Real estate and Media.
My client presently functions as a director/partner of 35 companies :
NAME OF THE COMPANY
DATE OF INCORP.
1 Triad (Pvt) Ltd 11/03/1993
2 Adpack Productions (Pvt) Ltd 13/12/1996
3 Printage (Pvt) Ltd 02/01/1998
4 Capital Law Chambers & Corporate Consultants 28/09/1998
5 Imageline (Pvt) Ltd 01/07/1999
6 Emagewise (Pvt) Ltd 27/03/2003
7 Third World Operations (Pvt) Ltd 25/01/2004
8 Hammer BTL (Pvt) Ltd 16/03/2004
9 Sarva Integrated Pvt Ltd 24/03/2005
10 Divasa Finance Ltd 18/05/2005
11 Taprobane Street 30/06/2005
12 Asia Commerce Exports (Pvt) Ltd 12/01/2006
13 Power House Ltd 11/08/2006
14 Thirty five km (Pvt) Ltd 01/11/2007
15 Spaacs (Pvt) Ltd 06/10/2008
16 Derana Macroentertainment (Pvt) Ltd 18/12/2008
17 Hardtalk (Pvt) Ltd 07/07/2009
18 Triadhot.com (Pvt) Ltd 17/06/2010
19 Mantram (Pvt) Ltd 05/07/2010
20 Asia Commerce Holdings Ltd 04/11/2010
21 Citrus Leisure PlC 23/12/2010
22 Waskaduwa Beach Resort Ltd 07/01/2011
23 Divasa Equity Ltd 20/01/2011
24 Kalpitiya Beach Resort Ltd 31/01/2011
25 Hikkaduwa Beach Resort Ltd 23/02/2011
26 Hammer Engineering Ltd 18/04/2011
27 Colombo Land PLC 01/06/2011
28 Panasian Power PLC 10/06/2011
29 Citrus Aqua Ltd 16/06/2011
30 Liberty Publishers (Pvt) Ltd 15/07/2001
31 Citrus Silver Limited 25/07/2011
32 Pasikuda Beach Resort Ltd 29/07/2011
33 Citrus Vacation Ltd 02/08/2011
34 Citrus Villas Kalpitiya Limited 17/08/2011
35 George Steuart & Company Ltd 27/09/2011
My client throughout his professional and business career spanning over a period of 19 years has always upheld the highest traditions and ethical values of the industry and conducted his affairs in a transparent and lawful manner with the national interest in mind.
As a result of my client's achievements described above, he has acquired a reputation and a goodwill as a successful and patriotic businessman, investor and as a professional.
I am instructed by my client to write to you stating your company owns and or controls the Isira Broadcasting Channel, the Sinhala language radio channel of the TNL Network with coverage across the island.
Apart from holding the position as the Chairman of your company, owners of the said Isira Broadcasting Channel you also conduct and/or participate in several discussions and/or programs aired and/or broadcast and/or carried out by your channel Isira in a programme titled “Rata Yana Atha” which is a part of the early morning review programme “Puwathpath Sirasthala” where the daily newspapers are reviewed and presenters comments added.
I am instructed by my client that you along with Mr. Sudath Jayasundara your co-host on the above mentioned programme had aired and or broadcast and or published and or made several comments during the aforesaid “Rata Yana Atha” programmes directly referring to my client by his name and or entities which my client co-owns and or controls. Such programs had been carried out in Isira Radio inter-alia on 11th June 2011, 20th October 2011, 21st October 2011 and 27th October 2011.
I am instructed by my client to write you stating that the said news items and or broadcast inter-alia per se and in innuendo referred to my client and the general public has understood those as referring to my client.
In the said news items, comments and remarks you have broadcast and or published and or caused to publish, you have inter-alia stated and or conveyed and or held out that,
a) My client has plundered public money
b) My client having plundered public money has purchased controlling stakes in several public quoted companies
c) My client regularly patronizes night clubs and is found to be in a state of intoxication where even mobility is impaired
d) My client is a close associate of Mr.Duminda Silva and is partly funded by Duminda Silva
e) My client is involved in drug trafficking
f) My client has made money through unlawful, illegal and dishonest means
g) My client has close links to “Madam Jeena” and
h) My client is involved in money laundering
I am instructed by my client to write to you stating that the said comments and remarks had been made and or news items have been broadcast and published during the program conducted by you and Mr. Sudath Jayasundara under the heading Puwathpath Sirasthala/Rata Yana Atha aired through the said Isira Channel.
The said news items and or comments and or remarks made against my client in said program and or broadcast per se and in innuendo defamatory of my client and the general public have understood as defamatory of my client. You are aware as a Chairman of a radio and television network and or you should have been aware the contents and or the presentation of the aforesaid comments and or remarks made about my client are false and false to your knowledge.
I am instructed by my client to write to you stating that every rupee and cent which my client has made through his business endeavors had been earned through lawful and legal means upholding the rules and regulations of the country and thus every cent of funds owned by my client and or the businesses owned by my client are accountable and made in transparent manner.
I am further instructed by my client all transactions and purchases made by my client and referred to in your program had been done with total transparency and openness and had been effected through the Colombo Stock Exchange with clear disclosure of funds.
My client could account for every rupee which has been invested to acquire the business referred to in your comments and or remarks which include funding obtained from several leading private sector banks in the country which amounts to almost Rupees two billion.
Hence, the wild allegations you had made against my client has no legal basis whatsoever and the said malicious and baseless allegations had been made with ulterior motives to tarnish the goodwill and reputation of my client due to business rivalry and the perceived role of my client as the Joint Managing Director of the Triad (Pvt) Ltd.
I am further instructed to state that the aforesaid malicious actions of carrying out and or publishing the said defamatory comments and or remarks and or news items have been caused by you without reasonable and probable cause and with animus injuriandi of defaming and tarnishing my client's reputation, goodwill and public image. The said publications have been carried out with express malice.
My client reasonably estimates the loss of reputation, goodwill and dignity as well as pain of mind which has been caused to my client as a result of the aforesaid publications and the aforesaid continuous publications at a sum of Rs. 500,000,000/- (Five Hundred Million Rupees) and the same is hereby demanded from you to be paid within 7 days from the date hereof.
I am also instructed to demand you to immediately cease your malicious campaign of defamation of my client.
In the event you fail and neglect to pay and settle the said sum of Rs. 500,000,000/- (Five Hundred Million Rupees) and to immediately put a stop to the malicious campaign referred to above, I have instructions by my client to institute legal action against you and your company to safeguard my client's interest and to recover the said sum of Rs. 500,000,000/- (Five Hundred Million Rupees) with legal interest.
Thanking You,
Yours' Faithfully,
……………………….
Saman Senadheera
Attorney- at- Law
