propertyproblemsinsrilanka

Below is a selection of some of the many letters I wrote in my search for justice, understandably many letters were sent and no reply received,

To the Director of Colombo CID,

Copy to Commissioner of Police

Dear Sir

With reference to the theft of land and house in Kosgoda

An officer from the Colombo CID is currently involved in investigating my complaint, I am unsure how far this investigation has progressed and would like to be informed of this and how close you are to a conclusion also when criminal charges will be bought against the accused,

I am unfamiliar with the workings of Sri Lankan law so can only act upon advice I have received, this advice includes me asking that another officer is assigned to the case in order to resolve the matter swiftly, also I am having difficulties understanding events and ask that the other officer assigned is able to speak English,

The accused has indeed agreed to settle this dispute whilst in the presence of the CID officer and when at the CID offices, but later refuses to cooperate, this has happened several times, I am very concerned about my property still at the house and storage, and would like the officers to check everything is still there (a check was done earlier and the officer made a list signed by the accused) as I know the accused is trying to sell the house and I believe he may already have sold some of my furniture,

Many thanks for your help and cooperation,

Sincerely ,

..........................................................................................................................................................................................................................

June 28^th 2009 To the Director of Colombo CID,

Since making my complaint regarding the theft of my land and property by Saman and his family I have complied with the laws of Sri Lanka and taken the advice of the investigating CID officer,

On the CID officers advice I met Saman and we came to an agreement regarding the land and property, I have now had an agreement drawn up by a lawyer and when I contacted Saman to arrange for him and his wife to sign it, he said he was in Anuradhapura on a tour and would not be available to sign the agreement for some days, the investigating officer was informed and I was told that Saman would be taken to the CID offices in Colombo and the agreement would not be needed, I did not believe that Saman was “on tour” and found out that he was in fact still in Kosgoda, and I believe he is “up to no good” but am unsure just what he is doing, Just before this I went to collect some clothes and Saman was determined I should not go to my house, I thought this was suspicious and discovered that Saman and family were having the cinnamon cut, (I was told that neither of us could take anything from the property yet this is what Saman is doing despite the conditions that we have,) the CID officer was informed of this and Saman was told that the money from the cinnamon is rightfully mine, also I have found out that Saman has been telling everyone that the CID can not touch him as the land papers were made out in his wives name, It seems that Saman can do exactly as he likes even though he admits I was cheated out of everything and the CID are doing very little to stop him, I was told that I could not remove any furniture or electrical items from the property until the agreement was signed, I did agree that a certain amount of furniture could be included in a sale of the property yet Saman is planning on keeping certain items and selling other items, How is this possible, and why is he allowed to continue in this way??? I attach a copy of the agreement he is to sign and you can see that this is indeed a generous offer considering the circumstances,

I now find myself in a situation where I have to find other accommodation, and will most likely need items of my furniture yet I can do nothing, please help resolve this case for me as soon as possible as I think this has gone on long enough and Saman seems to be in complete control of the case,

Yours Sincerely Mr

E mail to President

Dear Sir, Many congratulations on your much deserved victory in the Presidential elections on Jan 27^th 2010,

In Sri Lanka there is a criminal element that preys on tourists, visitors and other non nationals, it would seem that this criminal element is well known to authority yet little if anything is done to curtail their activities or support victims of their crimes, the criminal element I refer to are the beach boys / touts types of person that congregate in tourist areas, their crimes range from petty to major theft.

In my case and in others I have come to know of the non national is robbed of everything, the Sri Lankan legal system is very difficult for non nationals and tends to favour the “local person”, full advantage of this is taken by the criminal who therefore often gets away with his crime. It would be good if more help was available to non nationals in seeking justice, and also good if the justice was severe enough to discourage this type of practice.

More people are becoming aware of problems associated with “beach people” and many internet sites have scathing reviews on this type of person, surely this is not good for Sri Lanka’s reputation as a friendly country, any successful campaign that reduced these crimes against tourists etc and helped justice be done would surly benefit Sri Lanka’s economy in the long term

My own case is being dealt with at both high court and civil court soon and I am hopeful of a fair outcome, however nearly all of the European people I have met here are very sceptical that I will get any justice at all as most of them have also suffered varying degrees of crime and are either still waiting for the courts or have given up through lack of assistance sometimes there are huge expenses required and sometimes even intimidation is the reason people give up.

If a Sri Lankan was treated this way in many other countries I believe they would find the law very helpful and the criminal would very likely receive a harsher sentence for taking advantage of visitors to that country,

Thank you for taking the time to read this E mail. I will be happy to discus this matter further if required,

Yours Sincerely,

6^th August 2009

Foreign and Commonwealth Office,

King Charles Street,

London,

SW1A 2AH.

Re, Theft of land,

Dear Sir,

I am trying to raise awareness of a serious crime that is often committed here in Sri Lanka, the main targets of these crimes are mostly Europeans who want holiday homes or permanent residences here.

I befriended a family here when I first visited Sri Lanka in 2003, later when I decided to move here in 2008 I trusted this family to help me, I purchased land and discovered later that the deeds had not been put in my name, regardless of the presence of a lawyer I been told to sign in the wrong place and was in fact signing as witness, It would take too long to go into everything that has happened however I can supply further information if required.

The beach boy / guide culture here is a separate issue but most of this type of crime is committed by these people, this crime is in many ways quite sophisticated and must have been tried and tested many times, indicating there is some sort of network of shared information to help ensure a successful conclusion, it is unfortunate that it is this beach boy / guide type of person that many visitors here meet and befriend.

Colombo CID are investigating my complaint and criminal charges are pending, however to recover my property and land requires civil action, and civil cases here can take 10 years or more to be heard, I am not the only British or European to suffer from this type of crime, I have heard of people who have won their civil actions and others who have yielded to the time factor involved or to threats of violence and returned to Europe, many with lesser problems do nothing about it for the same fear of violence, and in order to live a peaceful life here,

I am aware that there is very little that can be done to help UK and European citizens here that are having such problems, but request that you raise this matter with any relevant organisations.

Yours Sincerely

4th September 2009

BAR Association of Sri Lanka,

No 153 Mihindu Mawatha,

Colombo 12.

I wish to complain about the actions of the lawyer Sampath Thushara Vemalrathan from Udamulla, Maha Induruwa.

Please find enclosed a copy of deeds for land I believed I was buying, in fact I was tricked into signing as a witness and am now involved in legal proceedings to have my property reinstated. Colombo CID are also investigating. When I bought the land I felt reassured by the presence of this lawyer whose name appears on deeds, believing that he would act impartially and inform me of any irregularities. As very little was said I believed that all was in legal order, however that was not the case. I agree that the copy enclosed is that of a legal document but emphasize that I believed I was buying the land as an owner, the lawyer involved failed to point out I was signing as a witness,

I have recently been told that there is a law which states that foreigners buying land here must have the paperwork in a language they understand, and any one selling or abetting a sale of land where the deeds etc are in a language they don' tunderstand is breaking that law.I would like to add that the person who stole my land and house is now on bail awaiting a high court trial and it seems likely that the actions of this lawyer will be mentioned .

I paid a very large fee for this lawyers services, his lack of compliance to the law and his assistance to the person who stole my land has cost me nearly everything I own.

Quite likely the lawyer I have named is not a member of the BAR Association, however I would appreciate the appropriate disciplinary action be taken should he be a member. I can supply additional information if required.

I am not alone in suffering from this type of crime and have met and heard of other non nationals who fell victim to similar crimes, many have given in to fear of reprisals or succumbed to the length of time that legal cases can take to be resolved, I however intend to do everything I possibly can to have what is rightfully mine returned to me.

Yours Sincerely

7^th August 2009

Ministry of Foreign Affairs,
Republic Building,
Colombo 01

Re. Exploitation of non nationals / visa holders.

Dear Sir,

I wish to draw your attention to a crime that is directed at non nationals buying land in Sri Lanka, This crime is most often perpetrated by the beach boy / guide / driver type of person many visitors befriend whilst on holidays, This was so in my case and in others I’ve heard of.

The beach boy / guide culture in general is a separate issue but some method of controlling the conduct of these people is long overdue, Without doubt most tourists would appreciate any such measures and enjoy themselves more, resulting in them being more likely to return to Sri Lanka or recommend Sri Lanka to others, thus generating much needed extra tourist revenue.

I came to Sri Lanka for the first time in 2003 and befriended a beach boy and his family, I met these people on other occasions when I holidayed here and helped them financially after the tsunami. Believing I could trust these people I decided in 2008 to buy some land build a house and hopefully live a quiet life. During this time I was aware that not everything was going according to plan but as I was living with this family it was difficult to do anything about it, also at that time I knew very few people here that I could get advice from. The turning point was when I got married in Feb 2009 (much to the disapproval of “the family”) and discovered that the land I bought had not been put in my name and was in fact owned by the wife of my beach boy friend, I had been tricked into signing the deeds as a witness, there was a lawyer present and he failed to inform me of proceedings. I am not alone with experiencing this type of crime, and believe the perpetrators of these crimes must use tried and tested methods perhaps with help from others who have accomplished similar acts.

My particular case is being investigated by Colombo CID and I’m sure they would be able to supply you with further details if required. I am currently instigating civil proceedings to recover all that is rightfully mine, however the “criminal” seems to be aware that proceedings could take years and is able to use this and inadequacies in the Sri Lankan legal system to ensure his crime is settled in his favour.

Others who have had similar crimes committed against them have most often succeeded in the Civil Court and had their property returned, others have given in to the time factor or threats of violence, I however have no intention of giving up as the family have stolen absolutely everything from me, perhaps it is the severity of the crime and the total greed of the family involved that has gained me support and advice. As well as informing various parties in Sri Lanka, political bodies have been informed in the UK with the intention of getting this matter raised in the UK parliament.

Though I accept that there is probably little you can do to help me at this time I hope that by making those in high office aware of this growing problem measures can be put in place to either combat this type of crime and criminal.

　Yours Sincerely

The Presidential Secretary

Old Government Buildings

Colombo

COPY TO

Ministry of Tourism

64 Galle Road

Colombo 03

Dear Sirs

I came to Sri Lanka in March 2008 hoping to make a new life for myself in the Kosgoda area, I put all my trust in a family that I met when I had holidays here, They promised to help me regarding all aspects of living in Sri Lanka as I had helped them in the past, particularly after the tsunami, In February 2009 I found out that this family had cheated me out of everything I own, Colombo CID are investigating and some progress has been made, I have tried to resolve the situation by the Sri Lankan method of a settlement but to no avail, This family is defying all efforts by myself, Colombo police, Colombo CID, Kosgoda Police and my lawyer to reach a mutual agreement, now expensive legal action is required.

I now know of other people who have had the same problem as me and others who have had lesser problems though still costly, lately there have been advertisements in the Sunday papers advising people thinking of setting up a home in Sri Lanka to send an E mail for information on the problems people have suffered.

It would be a shame if after a magnificent defeat on terrorism that the chance of winning back visitors to Sri Lanka is thwarted by the criminal actions of a few greedy beach boys, guides, and the like, Government pressure on local authorities to clamp down on such people and perhaps some support for victims should be considered.

Sincerely,

3 August 2009

Ministry of Tourism

64 Galle Road

Colombo 03

Re your reply letter dated July 30, 2009

Complaint made to the secretary to H.E. the president of the Republic of Sri Lanka

Dear Sir,

Thank you for your reply, The full names of the man and his wife responsible for the crimes committed against me are,

Mahaliyana Saman Priyanka Mendis Wijesekara, N.I.C.No. 751821980 V, and Mallaweera Arachchige Chathurika Lakmali, N.I,C.No. 855153220 V, both of Egodaduwa, Kosgoda.

I enclose a copy of the deeds that I was tricked into signing as a witness,

A copy of my English bank account showing £35,019.50 (£19.50 being bank transfer fee) on 28^th March 2008, (as this money was transferred it is shown as "cash”) a copy of my HNB bank statement showing 7, 473,550,00 rupees (at that time £35,000) was transferred, arriving on 31^st March 2008, and a further copy showing a 6,700,000 withdrawal on 4^th April 2008, 6.7 million rupees is the total I paid for the land and fees etc, I did also pay a further 775,000 rupees for legal fees,Also enclosed is a copy of my original complaint to Kosgoda police, and a copy of “summary of events” which is a paper I have written for my lawyer, Colombo CID are in possession of other statements and should assist you if you require such,

The investigating officers name is also Mahaliyana, I will be pleased to submit any other relevant documents I may have if required,

Many thanks for your help in this matter,

Yours Sincerely

10^th September 2009.

Your Ref MT/CO/14/2009

Office of the Commissioner for Tourism Administration,

Ministry of Tourism,

64 Galle Road,

Colombo 03.

Dear Sir,

Re Inquiry held on 9^th September 2009 and Complaint about Mahaliyana Saman Priyanka Mendis Wijesekara

Thank you for help at the inquiry on the 9^th and your assistance in trying to reach a settlement regarding my original complaint to you. In that letter I failed to emphasise my concerns about Mahaliyana Saman Priyanka Mendis Wijesekara, N.I.C.No. 751821980 V and his involvement with tourists mainly in the Kosgoda area.

As mentioned in my first letter this person tricked me into losing my land and house and I can categorically state that this person has attempted to sell land to at least 2 other people, fortunately for them they were told of what had happened to me and broke off their dealings with him.

Saman (as he is known) is a “Beach boy” / “Guide” and operates mainly from the beach side of Kosgoda Beach Resort, it is here that he meets tourists staying there and offers his services as a guide. Now that I know his true character and moral standards I am concerned that some of these tourists may fall into a similar trap as I did and would appreciate action being taken to prevent Saman from continuing with his deception on visitors and his dishonest ways..

I have now learned quite a bit about “Beach boys” and the way they operate, and hope that your organisation will be able to bring about some changes in the way they operate and establish some sort of “code of conduct”, I know that these “boys” control certain beaches and no one else is allowed to offer guide services, I also know that at Kosgoda there are 3 major “boys”, all these 3 live in very nice houses and have a good lifestyle. This is very different to what the tourist is told.

In order to encourage more tourists to Sri Lanka it is important that those that do come return home with good things to say. One person with a bad story to tell could dissuade many from coming here. I can quote cases where tourists have been upset by the activities of the Beach boys and Beach craft and clothing sellers.

I would like to add that not all areas or hotels have problems with “beach boys” the Heritance Hotel in Ahungala operates a zero tolerance of “Beach boys” and Tuk Tuk drivers, and the beach area is patrolled by security staff.

Thank you for assistance on this matter,

Yours Sincerely

12 March 2010

Mr Charles Hendry MP,

The Granary,

Bates Green Farm

Arlington

East Sussex

Dear Sir

I sold my home in Lower Dicker, East Sussex in early 2008, and moved to Sri Lanka where I hoped to live a peaceful life but like many others here this hope turned into a living nightmare, In the UK most people are aware of the difficulties that exist for British people hoping to buy property or live in Spain but little is known about the situation here, By explaining my problem I hope that you might be able to help me and other people here who have similar problems, maybe some public awareness in the UK could prevent others from making the same mistakes, perhaps these problems could also be raised with the Sri Lanka Embassy in UK,

A long story but to summarise.

I bought land here with a Sri Lankan man that I considered to be a friend, at first I fell completely under the control of him and his family as I knew no one else here but felt safe, and they assured me that they would help me in all ways, (The reason for buying the land with a Sri Lankan is to lower the amount of tax that I would pay as there is a 100% tax here on non nationals buying land,) As I got to know more people and found a small group of British people I started to here stories of people who had suffered crimes, I thought I was safe as my friend was good, but alas not so, I met and married a Sri Lankan lady and then found out that I had been misled with the deeds and the land had been signed to my “friends” wife, so I owned nothing, I had also been misled over visa requirements and other legal matters, The Colombo CID are investigating and in accordance with Sri custom I have tried to resolve the problem by reaching a mutual agreement with the family, they however are aware that it will take a long time and civil action as well as criminal action for me to recover my property. I have expensive furniture and electrical items as well as personal property in my house, (now occupied by my “friend” and family) which I have been told I can collect, I have been told this by the CID, the police and lawyers, yet all my attempts to do this have been blocked, so another civil case may be needed, The people that commit these types of crimes are fully aware that cases can take 5 - 10 years or more to get to court and use this to “wear the victim out” and increase the victims expenses, due to this I may have to return to the UK later this year,

Since starting legal action against this family I have heard of other cases where Europeans have had there land and homes stolen, some have given in to threats of violence and returned to Europe others have fought lengthy court cases and usually won, Other people have lost parts of there land or been massively overcharged, others have lost vehicles and equipment, it is true to say that every European I have since met has suffered a crime of some degree, It is also true that many fear recriminations from those that did wrong and try to keep a low profile, Since my problem started there have been 2 incidents involving guns, The length of time for a case to get to court, and the inadequate police and legal system here works in favour of the criminal, I am receiving quite a bit of help and support from many including Sri Lankans who don’t want Sri Lanka to get a bad name for this type of crime,

I hope you can help in some way and maybe prevent other British people suffering from similar crimes.

Sincerely

12 March 2010

The Presidential Secretary

Old Government Buildings

Colombo

COPY TO

Ministry of Tourism

64 Galle Road

Colombo 03

Dear Sirs

Sincerely,

To the Director of Colombo CID,

CID Head Office,

Colombo 01

Copy to Commissioner of Police

Mr Jayantha Wickremaratna,

Police Headquarters,

Colombo 01

26^th July 2009

Dear Sir

With reference to the theft of land and house in Kosgoda

An officer from the Colombo CID is currently involved in investigating my complaint, I am unsure how far this investigation has progressed and would like to be informed of this, and how close you are to a conclusion, also when criminal charges will be bought against the accused,

The accused has indeed agreed to settle this dispute whilst in the presence of the CID officer and when at the CID offices, but later refuses to cooperate, this has happened several times, I am very concerned about my property still at the house and storage, and would like the officers to check everything is still there (a check was done earlier and the officer made a list signed by the accused) as I know the accused is trying to sell the house, I believe he may already have sold some of my furniture,

Many thanks for your help and cooperation,

　Sincerely ,

propertyproblemsinsrilanka@gmail.com