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Costly Legal Consulting From NR

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by Nirmala Kannangara

Sri Lanka Cricket board paper requesting the
executive committee to grant permission to pay the Gower International law firm fee and Namal Rajapaksa

Startling revelations have come to light that Gowers International, also known as NR Associates, a law firm owned by Hambantota District MP Lakshman Namal Rajapaksa, had allegedly earned millions of rupees from government departments and semi-government institutions by providing legal consulting during the former Rajapaksa regime.

Namal Rajapaksa took oaths as an Attorney-at-Law in December 2012 after a much controversial law examination and established his own law firm one month after he became a lawyer – in January 2013. Although all junior lawyers gain experience under senior lawyers before commencing their own practice, Namal Rajapaksa has reportedly not worked under any senior lawyer but had immediately established his own law firm to which most of the government institutions and certain private establishments entrusted all their legal matters knowing very well that cases this particular law firm handled could never be defeated.

One of Namal Rajapaksa’s law offices had allegedly operated from Level 27, West Tower, World Trade Center to provide legal consulting to most of the Board of Investment (BOI) projects. It is BOI that owns Level 27of the West Tower, and part of this floor had allegedly been taken over by Namal Rajapaksa for free to operate Gowers International.

According to reliable sources from the Financial Crime Investigation Division (FCID), NR Associates had not only provided legal consulting work for BOI projects but also for many government and private institutions and to the Sri Lanka Cricket (SLC) as well.

 

Inexperienced

Therefore, questions have been raised as to how Namal Rajapaksa who even did not work under a senior lawyer and who has never appeared in court for a case was able to start a law firm with some other junior lawyers who too do not have much experience to act as legal consultants to major companies. “Without any experience, how could this company act as legal consultants and charged fees more than senior law firms charge,” the sources queried.

The sources further said Namal Rajapaksa had allegedly got all the investment projects that were to start in the Southern Province to go through him. “When these projects go through him, he gets a commission. Also one of his representatives who was at this office from morning till evening went through BOI investment documents that did not get approvals and got them implemented and got all their legal work through NR Associates,” the sources claimed.

According to the sources, there was a rumour not only in the government sector but also amongst many private institutions that any case given to NR Associates could be won easily as all cases handled by Namal Rajapaksa’s firm got high priority in courts and were settled easily.

“Even it is alleged that former Chief Justice Mohan Peiris was highly involved in NR Associate’s work and had supported cases when they were taken up in courts,” the sources said.

 

Sri Lankan Cricket

Meanwhile, reliable sources at Sri Lanka Cricket who wished to remain anonymous told The Sunday Leader that Sri Lanka Cricket (SLC) had allegedly paid Rs. 38 million to NR Associates over the past two years (2013 and 2014) as consulting fees. The sources further said that another Rs. 3.36 million was paid as legal fees for the same company for formulating television, radio, internet mobile and sponsorship rights between SLC and TAJ TV for the period between 2013 and 2020.

SLC Board Paper No: AOB 14 dated February 17, 2014 sought the Executive Committee approval to release Rs. 3.36 million for drafting the final MOU between SLC and TAJ Television Limited, in respect of the South African Tour of Sri Lanka and drafting the agreement between SLC and TAJ TV for the period between 2013 and 2020 for the sale of television, radio, internet mobile and sponsorship rights.

The board paper further states, “Sri Lanka Cricket published advertisements in Daily Mirror and Sunday Times newspapers on February 14 and February 17, 2013 calling for worldwide tenders for the international cricket broadcast, radio broadcast, internet, mobile and sponsorship rights and international cricket TV production. Also we published the advertisements on Google AdWords.

“Drafting of the final MOU between SLC and TAJ TV in respect of the South African Tour of Sri Lanka and the agreement between SLC and TAJ TV for a the period of 2013 and 2020 for the sale of television, radio, internet, mobile and sponsorship rights were done by Gowers International (NR Associates) Legal Consultants and Corporate Lawyers.

“The services rendered by Gowers International (NR Associates) to Sri Lanka Cricket were satisfactory”.

 

Rs. 3 million

Hence, Executive Committee approval was sought to release Rs.3 million plus taxes for the professional services rendered by the Gowers International (NR Associates) Legal Consultants and Corporate Lawyers. The total amount was Rs. 3.36 million.”

This proposal had been forwarded to the Board by Head of Marketing Vijita Dassanayake and CEO Ashley de Silva.

Although Rs. 3.36 million was paid to Gowers International by SLC, it was not known whether SLC called for tenders to award telecasting rights.

“How did SLC select Gowers International to draft the agreement? Why couldn’t they call for bidders to offer that contract as well to get the service for a lesser amount? These are the questions SLC should answer. They cannot say they have followed the proper procedure. All our attempts to get answers to these questions were unanswered. At a time when SLC was facing a financial crisis, what made them to give the contract to Namal Rajapaksa’s firm for a higher price? Was it because they were asked to do so by the former Sports Minister or even top government officials?” the sources questioned.

The sources further said it was a surprise for the SLC employees when they learnt that millions of rupees had been paid to the law firm owned by Namal Rajapaksa when there are many instances where such consultancy work had been obtained from well reputed law firms in the country.

“Namal Rajapaksa may be a politician and son of former President of the country, but that does not mean that all legal work should go to his law firm. Neither Rajapaksa nor any one of the other partners is well reputed in the country. So what made SLC to get legal consulting work done through a law firm that does not have any experience or hardly handled any legal cases,” the sources queried.

When Chief Executive Officer, Sri Lanka Cricket Ashley de Silva was contacted to find out on what basis NR Associates were chosen as SLC Legal Consultants and Corporate Lawyers, De Silva said he was busy at a meeting with the Sports Minister and asked to contact him in one hours’ time.

All attempts made by this newspaper thereafter to contact De Silva failed.

Several attempts made to contact MP Namal Rajapaksa for a comment in this regard also failed.

 


Hirunika Saga: Taking Law Into Own Hand

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by Nirmala Kannangara

Justice delayed is justice denied. The Police Department’s decision to seek Attorney General’s recommendations to take legal action against Colombo District United National Party (UNP) Parliamentarian Hirunika Premachandra has become a farce, opined a renowned legal luminary.

If the country’s Police Department seeks Attorney General’s advice for each and every case such as Hirunika’s alleged involvement in the abduction, the country will need to establish more offices and officials attached to the Attorney General’s Department to give advice on all police cases in the country, pointed out Dr. Prathiba Mahanamahewa.

Criticising the way how the police handled the abduction case involving none other than a person who spoke about lawlessness that prevailed in the country during the previous regime and promising to bring a just society, Dr. Mahanamahewa queried whether the Police Department was so weak and did not know how to handle such a case even having all evidence from the CCTV footages and eyewitnesses readily at hand.

“Abduction is a criminal offence under Section 353 of the Penal Code that clearly defines abduction. Those who are found guilty of such a criminal offence could be imprisoned for seven years and /or a fine. Any person who aids or abets abduction is also liable for this offence. If the police could arrest the eight abductors from the CCTV footages and from the evidence obtained from eyewitnesses, cannot the police understand whether there was any involvement of Ms. Premachandra in the said offense? If the police keep on seeking Attorney General’s advice for each and every illegal drug case, criminal offence and theft, the AG will not have any time left to advise on country’s wide range of matters from issues relating to the Constitution to international law,” Dr. Mahanamahewa said.

 

Jungle law

Dr. Mahanamahewa meanwhile challenged the so-called Independent Police Commission to take quick action against the police for not taking proper action against Ms. Premachandra. He added that the newly-appointed Police Commission exists only by name.

“Why is the Police Commission silent when it is clear that Hirunika was involved in the abduction in broad daylight? She has proved that she need not obey the country’s law and order. She believes in her own way of settling issues similar to that of the jungle law. When close confidant of President Mahinda Rajapaksa and infamous former minister Mervyn Silva tied a government servant to a tree, the then President did not take any action against this politician. Because of such issues, the previous regime became so unpopular and finally was thrown out of power. A similar bad precedent has set by the present rulers as well. If they fail to allow the police to independently handle cases involving politicians, they too are treading in the same path as the previous government,” Dr. Mahanamahewa claimed.

Dr. Mahanamahewa further said that it is now up to the police to protect the witnesses and the victim as the abductors now have been given bail, and they may cause harm to the witnesses and/or the victim for identifying them at the identification parade last week.

“The proper function of the State’s justice system depends of the willingness of victims to come forward and report crimes committed against them combined with the availability of witnesses to provide information and testify as to what they saw in a full and impartial manner. In consideration of this aspect, Sri Lanka’s parliament enacted the Victim And Witness Protection Act last year in order to encourage reporting of crimes to maximize the likelihood of witnesses testifying and to protect vulnerable and intimidated witnesses. So now it is up to the Police Department to act under this Act and provide protection to the victim and the witnesses to make sure they are not harmed by those who were involved in this abduction or those who work hand in glove with Hirunika Premachandra,” Dr. Mahanamahewa said.

 

Lawyer or not

Following the victim Amila Priyanga’s complaint made to the police that Ms. Premachandra claimed at press conference convened by her that she being a lawyer knew the law, she denied that she was either a lawyer or having made such a statement. Although she said that she is not a lawyer during the press briefing, her Facebook profile states that the MP is a ‘lawyer’ that contradicts her own claim.

Meanwhile, Amila Priyanga told The Sunday Leader that he has noticed suspicious persons coming to the shop where he works and hanging around a few minutes staring at him.

“Even my colleagues have noticed that suspicious looking persons in the shop watching me. Since this is a clothing outlet and there are customers from morning till late evening, we cannot even question any person on such suspicion. In an event we question these people and if they start a brawl with us, it will affect our sales. I am scared now as the abductors have been given bail, and they can come to hurt us or even kill me as the majority of them have connection with the underworld,” Amila said.

 

Don’t be scared – Police

Although Amila had reportedly told the Dematagoda police that his life is at risk, they had not taken any action, he claimed.

“The police say I should not be scared. But these people have the ‘power’ and always take the law unto their hands. Anything can happen to me at any moment,” Amila added.

Meanwhile, a retired high-ranking police officer who wished to remain anonymous said it is surprising that the police failed to take any action to arrest the person who gave orders to abduct but arrested only those who carried out the orders.

“It is now crystal clear how our law enforcement authorities are handling cases in different ways. There could be many similar cases such as Hirunika’s. The police are very efficient when handling cases where politicians and their supporters are not involved. In Hirunika’s case too, the police should have arrested the MP Hirunika soon after the press conference she held to get her name cleared. Although she accepted the fact that she instructed her ‘men’ who are alleged to be underworld criminals to get the man in question before her to settle a family dispute, instead of acting on what she said, the police took a further step by referring the matter to the Attorney General which is the newest joke of the New Year,” the retired police officer said.

Meanwhile, Hirunika and her mother Sumana Premachandra have been accused of occupying a building at Kolonnawa forcibly over the past few years. Two adjoining houses owned by Ruwan Wijesekera and Rohan Wickrema in a housing complex facing the main road in front of the Kolonnawa Urban Council have been forcibly occupied by Premachandra and Sumana Premachandra prior to Bharatha Lakshman Premachandra being killed. Although the two owners have repeatedly requested the Premachandras who use the two houses as their party offices, they have told that they will not vacate them since the two houses belonged to Bharatha Lakshman Premachandra.

 

Taken law unto her own hands

When contacted Rohan Wickrema, he wanted this newspaper to contact one of their lawyers claiming that he does not want to talk to the media as he was planning to meet President Maithripala Sirisena to inform that Hirunika believes that she is above the law of the country and has taken law unto her hand.

Rohan Wickrema’s attorney who too wished to remain anonymous said his two clients had given these two housing units to Bharatha Lakshman Premachandra for his political office six months before he was murdered.

“After Premachandra’s death, Sumana and Hirunika had made their offices in these two housing units. Once Rohan and Ruwan had gone to meet Hirunika to her office and had made a request to handover the two houses back to them showing all the legal documents of the ownership. Immediately, Hirunika had called her mother and had told her that there are two persons claiming the ownership of these houses. She also said how bad it is for them to occupy a building not belonged to them. Hirunika had wanted my clients to meet her mother to sort out the matter. But it was only after they met the mother, they were told that the houses cannot be returned as it was bought over by Bharatha Lakshman Premachandra before his death,” the lawyer claimed.

According to the sources, when Rohan Wickrema and Ruwan Wijesekera had met Hirunika for the second time seeking justice, the latter o had said that the property belonged to her father and they will not leave the premises.

“It was after this incident, Rohan and Ruwan jointly filed a case in the Colombo District Court against the UNP parliamentarian and her mother seeking an eviction order to obtain the two houses and the Additional District Judge had given leave to proceed and the hearing of this case will be on March 29,” the sources added.

All attempts taken to contact Hirunika Premachandra failed as she did not answer the telephone calls. Although a text message was sent seeking a comment, Hirunika did not return the call nor send a comment till the paper went for publication.

 

Sooka Reignites ‘White Van’ Abductions Debate

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by Easwaran Rutnam

The change of government last year gave a sigh of relief to most people in the North and East and even in the South as there was a feeling the ‘white van’ abductions and murders will come to an end.

However, new evidence has emerged of ongoing torture and sexual violence by the security forces one year after the new government came to power promising a radical clean up.

“Sadly Sri Lanka’s notorious ‘white vans’ are still operating; it’s very much business as usual,” the Executive Director of the International Truth and Justice Project (ITJP) Yasmin Sooka said in a new report released by her last week, a copy of which was sent to The Sunday Leader.

Sooka said that the incidents last year demonstrates there can be no accountability without urgent security sector reform that leads to the dismantling of the state’s machinery of repression.

Sooka was a former member of the panel appointed by UN Secretary General Ban ki-moon to investigate human rights abuses soon after the conflict in Sri Lanka.

The report by ITJP focuses on 20 cases of torture and sexual violence by the security forces that occurred under the new government in Sri Lanka during 2015.

ITJP claims to have taken sworn statements from the 20 people, all but one victims of a ‘white van’ abduction resulting in unauthorised detention, repeated torture and sexual violence.

The victims comprise 15 male and 5 female Sri Lankan Tamils now in three different countries. ITJP claims its experienced war crime investigators took lengthy statements and obtained corroborating evidence from experts in scar healing and symptoms of psychiatric or psychological torture and sexual abuse, photographs of recent wounds and scarring and other corroborating evidence.Several witnesses still had fresh wounds from the recent torture in Sri Lanka when they were interviewed abroad; two were still bleeding.

Five of the abductions took place after the August 2015 parliamentary elections; fifteen were after the January 2015 presidential elections. The most recent abduction was in December 2015.

In addition, ITJP is in the process of obtaining more evidence regarding an additional five ‘white van’ survivors in two countries who were abducted in 2015, some very recently. This would bring the total number of cases, ITJP alone has identified, to twenty-five.

During interrogation by the Sri Lankan security forces, several victims were falsely accused of working to restart the LTTE or bringing the country into disrepute by talking about what happened in the war and its aftermath.

“They wanted to know if the LTTE was starting all over again. I said I did not know of that. That day they hit me with wooden sticks on my back, backside and legs. They also punched me,” said a witness simply identified as Witness 158 in order to conceal the identity of the witness.

The change of government in January 2015 led many young Tamils with tentative past links to the LTTE and low level cadres to think it was safe to return to Sri Lanka or to come out of hiding and return to their home villages. Some were abroad; others spent the last six years lying low in towns like Vavuniya or Jaffna.“Assuming that I would not have any further trouble at the hands of the Sri Lankan authorities under the new government, I decided to move back to my home village and live with my family. I went home in mid 2015. My decision to return home was a happy one to make. I was joyful to live with my family again. As it turned out, it was the worst decision of my life – one that will impact me forever,” said witness 159.

This witness was quickly identified by the security forces, abducted in a ‘white van’ and repeatedly tortured and raped.

Before being abducted, many victims had been involved in a variety of peaceful protests or election activities demanding rights for Tamils. This ranged from attending campaign meetings during presidential and parliamentary elections in 2015 for MPs from the Tamil National Alliance (TNA) and the Tamil National People’s Front (TNPF); handing out leaflets; campaigning for the disappeared; to attending memorial events marking the anniversary of the end of the war. The victims said their torturers referenced this legitimate political activity during their detention:

“They told me I am …trying to turn people against the government and diminish its reputation internationally. Mainly they were asking about my involvement in organizing demonstrations and in the LTTE. I was involved in the TNA’s election campaign and that was public knowledge. I posted posters and distributed leaflets. My detainers mentioned my TNA activity and said I shouldn’t do this,” said witness 117.

Four victims allegedly tortured in 2015 had attended a high profile protest by the families of the disappeared in Jaffna in 2013 when the British Prime Minister visited for the Commonwealth Heads of Government Meeting. One of these witnesses described how his parents had been forced to falsify the date of the disappearance of his sibling to hide the fact that the sibling had disappeared after surrendering to the Sri Lankan army in May 2009. The family was forced to report that the sibling had disappeared in January 2009, which would imply the sibling died in the conflict.

In some cases the interrogators showed the victims print outs of photographs of themselves or people close to them attending recent Tamil diaspora commemorative events abroad. Several 2015 victims had also been detained at the end of the war either in an Internally Displaced Person (IDP) camp or in the government’s so-called ‘rehabilitation’ programme for suspected former combatants. Some had spent periods in hiding in southern India and it was clear their interrogators regarded this with great suspicion when they returned home. For two of the witnesses, this was the third phase of detention and torture they had endured since the end of the war in 2009. For one victim the incident in 2015 was the second abduction in a ‘white van’ and he did not think this time he would survive the experience.

Of the 2015 cases, at least three are known to the ICRC in Sri Lanka. Others are known to at least one diplomatic mission in Sri Lanka. The name of that mission is withheld for witness protection reasons.

Torture and sexual violence have occurred under the new government in a known army camp in the north of Sri Lanka (name withheld for witness protection reasons), the Vanni Security Force Headquarters in Vavuniya Town, (known as Joseph Camp), TID headquarters in Colombo (known as the 4th Floor), and in secret camps that are still operating in unknown but diverse places in Sri Lanka – known to the security forces but not the victims.The new government has repeatedly said it cannot investigate the allegations of continuing abductions, torture and sexual abuse unless they are given the names and details of the victims. Sooka’s report however, says given the level of ongoing violations and reprisals, it would be unprofessional and irresponsible from a witness protection point of view for us to hand over such information to the Sri Lankan authorities at present. In addition she says sharing any information would require the informed consent of the victims, who quite reasonably do not trust the same security forces who tortured them, to investigate and provide witness protection services to them and their families.Sooka’s report also says the current ‘Assistance to and Protection of Victims of Crime and Witnesses Act’ is far from being in line with best practice internationally but even this legislation has yet to be implemented since it came into force in nearly five months ago in August 2015.

ITJP notes that advocating for real change is dependent on a comprehensive programme on security sector reform that seeks to unravel those structures and individuals responsible for torture and sexual violence. Removing only those officers at the top without understanding the scope and scale of the violations and the need to dismantle the structures responsible will not yield transformation or accountability.

The new government has committed before the Human Rights Council to establish a number of transitional justice mechanisms including a Truth Commission and a prosecutorial process. In the current climate of impunity in which torture, sexual violence, intimidation and persecution are ongoing in the former conflict areas, ITJP says it is unlikely that Tamil victims of torture and sexual violence at the hands of state forces will be able to participate.ITJP says the pursuit of accountability requires the domestication of international crimes, an independent judiciary and Office of Attorney General independent of all political influence as well as an appropriate and effective witness protection programme that secures the interests and safety of victims and witnesses so that they can participate freely, safely and without fear of reprisals against them or their families.

ITJP notes that the new government, if it is to be taken seriously, must deal immediately, decisively and conclusively with those in the security forces who continue to commit these serious crimes and/or undermine accountability. This requires political will without which no witness protection program, new legislation or re-training of the security forces will solve this problem.

“While many supporters of ‘the new Sri Lanka’ advocate patience and the need to give the new government time, the classic peace versus justice argument, peace and justice are mutually reinforcing of each other. Peace should also not come at the expense of justice and accountability for victims. If the impunity of the security forces is not addressed with urgency, many more victims will continue to be tortured and sexually assaulted, hung upside down, suffocated, whipped, branded with hot metal rods and brutally gang raped. Surely the new government in Sri Lanka cannot allow this to continue,” Sooka’s report says.

The government says it is prepared to investigate all the allegations in the new report and will do so through the domestic accountability mechanism.

 

 

Minting Billions From Transport Board The Rajapaksa Way

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By Nirmala Kannangara

Astonishing revelations have now come to light how billions of rupees of tax payers’ money had been swindled when purchasing spare parts for the Sri Lanka Transport Board (SLTB) by top-notch Transport Ministry officials, who allegedly engaged in a major tax racket incurring losses of millions of tax rupees to government coffers during the latter part of the Rajapaksa regime.

It is alleged that although tenders were called from bidders to supply spare parts and tyres to SLTB, and an advertisement had been published in a national newspaper on February 14, 2011, calling for bids; the company to which the tender was offered had been selected well before the tender notice was published.

 

Scandalous tenders

Seven companies- Douglas and Sons, Steel Impex and Industries India, Diesel and Motor Engineering (DIMO), Ashok Leyland, Nimbus Automotives, CEAT Kelani and Associated CEAT had submitted their bids to SLTB but following recommendations of the Technical Evaluation Committee (TEC) the tender had been awarded to Steel Impex and Industries India (Pvt) Ltd allegedly in a scandalous way.Be that as it may, the tender agreement between SLTB and Steel Impex and Industries India was signed on April 22, 2011 to supply spare parts and tyres for TATA and Ashok Leyland buses. The signatories for SLTB were the then Chairman, Mirihankankanamge Don Bandusena and Director/ Chief Executive Officer, Don Athula Priyankara and Sunil Hargivind Batra for Steel Impex and Industries India Ltd.According to the agreement, once the consignments are shipped to the Port of Colombo, the supplier (Steel Impex and Industries India) shall have no responsibility and/ or liability whatsoever to pay any duty and /or any other related taxes for clearing of such shipments and also the supplier shall not be responsible and /or liable to pay any assessment rates/ taxes to any local and/ or municipal/ governmental authority in respect of the said warehouse premises.

Steel Impex India, established a local agent Steel Impex and Industries Lanka at No: 73/2, Minuwangoda Road, Ekala, Ja-Ela, is in fact found to be the Ekala SLTB depot address, in order to distribute the imported consignments of spare parts and tyres to SLTB depots all over the country. Steel Impex Lanka was established and registered with Registrar of Companies on April 25, 2011, under registration number PV 78447, just three days after the agreement was signed and Galhenage Ajith Bandulasena of Manning Town, Colombo 8, was appointed as its Chairman.

Meanwhile, in a letter dated May 11, 2011, to the Director Steel Impex Lanka by Sunil Batra, Partner of Steel Impex India has promised to pay 3% in United States Dollar as a fee on the shipment/ purchase value for handling documentations, co-ordination and communication between SLTB and Steel Impex India, arranging transportation to the warehouse from the customs and, any other task that may be necessary to facilitate the terms of the agreement.

 

Bnadula Trading invoices that shows how they have supplied spare parts to Steel Impex for a higher price

Commission paid to ex-Minister

Although the agreement was as such, The Sunday Leader is in possession of documents to show how Steel Impex Lanka had not only obtained the said 3% commission but also had taken commissions with the knowledge of its Indian counterpart allegedly to be paid to former Transport Minister Kumara Welgama, his Private Secretary Ms. Welgama who is the Minister’s sister, former SLTB Chairman Shashi Welgama (nephew of the former Minister) and the Vice Chairman.

“The tender was offered to supply the best quality spare parts and tyres for the SLTB. Instead of this, on the understanding of the Indian supplier and the purchaser (SLTB), lowest quality spare parts and tyres had been supplied to the Transport Board for the highest price. As it is alleged that the supplier got the Ministry approval unofficially to supply the lowest quality spare parts and tyres and to sell them to SLTB for higher prices, US$ 27% from certain spare parts and US$30% from other spare parts and another US$ 8.5% from tyres had been paid as commission to these officials,” reliable SLTB sources said on condition of anonymity.

 

Invoices altered: prices increased

It was also found out as to how Steel Impex and Industries India (Pvt) Ltd had sent invoice to Steel Impex and Industries Lanka Ltd, and subsequently got the value increased to a certain extent to the said invoice and got it back from India. It was only after receiving this altered invoice Steel Impex and Industries India that had sent the commercial invoices to SLTB for the arrangements of importation of spare parts and tyres. “The then transport ministry officials were well aware how the prices of spare parts and tyres were increased in order to obtain such a large percentage as commission to them. In addition to these officials a certain percentage had also been given as commission to the depot officials in order to stop them from complaining that the spare parts are substandard,” sources added.Although the supplier is not liable to pay any taxes, it is alleged the tax free consignments that have been imported had been sold to the open market for a higher price.

 

Sold in local market

“This is illegal. The tax exemption was given to supply the spare parts and tyres to SLTB but not to sell them to the local market. We do not have any document evidence to show to whom these imported spare parts have been sold in the open market but spare part importers in Colombo have found out as to how these imported spare parts had been sold to the open market,” sources alleged.

According to the sources, the Indian supplier has to be questioned as to why excess spare parts were shipped to the country under the tax exemption facility and how they made huge profits by selling them to the open market.

According to Steel Impex Lanka documents, from June 9, 2011 to up to January 17, 2012, 27% commission amounting to US$ 810, 529.84  had allegedly been paid amongst these officials while another 30% commission for certain spare parts imported between January 17, 2012 to August 21, 2012 had been paid amongst the same officials which amounts to US$ 711, 207.13.From the tyres that were imported to the value of US$ 1, 348, 354.90 during July 5, 2011 to February 9, 2012, 8.5% commission had allegedly been paid amongst the same which amounts to US$ 114, 610.17. Therefore from the first shipment dated June 9, 2011 up to August 21, 2012 commissions amounting to a staggering US$ 1,635,347.14 had allegedly been paid between the then Transport Minister, his private secretary and the then Chairman and Deputy Chairman SLTB, Transport Board depot officials and Chairman/ General Manager Steel Impex Lanka.

“All this money could have been saved if these swindlers did not take commissions,” SLTB sources alleged.The documents further shows the commissions taken for spare parts for the first half of 2013 amounts to Rs.173, 986, 581.76 (Rs.173.986 million) and for tyres 3,357, 857.81 (Rs.357.857 million). Out of this the former Transport Minister had allegedly been paid 7% commission – from spare parts Rs. 12, 179.060.72 (Rs.12.179 million) and from tyres Rs. 144, 000 all amounting to Rs. 12, 323, 060.72 (Rs.12.323 million). The Minister’s Private Secretary and Chairman SLTB had been paid 2% each which amounts to Rs. 3, 479, 731.64 (Rs.3.479 million) each.

For the second half of 2013, the minister had been paid Rs.12, 173, 305.81 (Rs.12.173 million) and the minister’s private secretary and SLTB Chairman Rs.3, 478, 087.38 (RS.3.478 million) each.Meanwhile, questions have been raised as to why commission had also been paid to Steel Impex Lanka Chairman/ General Manager Bandulasena amounting to over Rs 50 million. “Since all were involved in this scam including Bandulasena all were paid certain percentage of the commission,” sources added.

 

The Supply Agreement between SLTB and Steel Impex India

Spare part sales company set up

Meanwhile allegations have been levelled against Steel Impex Lanka Chairman/ General Manager Ajith Bandulasena for establishing a new company Bandula Trading Enterprises-a spare part dealer store on August 29, 2012 registered under PV 87981 with Company Registrar.Meanwhile it is learnt as to how the local agent – Steel Impex and Industries Lanka had supplied spare parts to SLTB that had been purchased from Bandula Trading Enterprises, No: 267A, Panchikawatte Road, Colombo 10.

“Bandulasena had purchased these spare parts from the local market for a lesser price and had sold to Steel Impex Lanka for a higher price as there was no one to question him because he was the Chairman in both companies,” sources said.This newspaper is in possession of documents to prove as to how Bandula Trading Enterprises has purchased spare parts for a lower price from the local market and how they have been sold to Steel Impex and Industries Lanka for a higher price.Bandula Trading Enterprises invoices clearly shows as to how they have obtained a big profit from these dealings.

According to Bandula Trading Enterprise January 6, 2012 to June 29, 2012 bills, spare parts worth of Rs.18, 912, 749.50 (Rs.18.912 million) had been purchased and have allegedly been sold back to Steel Impex Lanka for Rs.23, 004, 099.43 (Rs.23.004 million) keeping a profit of around Rs.5 million. According to the bills issued from July 4, 2012 to August 29, 2012 by Bandula Trading Enterprises, Rs. 15, 068, 935.47 (Rs.15.068 million) had been paid to purchase spare parts to supply the Steel Impex Lanka and had sold it for Rs.18, 850, 867.62 (Rs.18.85 million) keeping a profit of around Rs.3 million.

 

Low quality spare parts

Meanwhile, the SLTB in a letter addressed to Chairman/ General Manager Steel Impex Lanka has blamed the supplier for supplying low quality spare parts for TATA and Ashok Leyland buses and on many occasions had wanted them to return these substandard spare parts.

They were continuously supplying low quality spare parts and also imported spare parts which were not approved by the SLTB. Although we have asked them to re-export the low quality goods and to get the best quality spare parts as promised by them, they did not heed our instructions but kept on importing substandard parts charging higher rates,” SLTB sources claimed.

 

SLTB Manager flees the country

Meanwhile it is alleged that former SLTB Chief Finance Manager, Sanjiva Waidyathilake had left the country soon after the fall of the Rajapaksa regime knowing well that he will be questioned for all these malpractices.

Since he knew that he had to face inquiries he left for Australia soon after the fall of the previous government on January 8, 2015, SLTB sources alleged.

 

Refuting allegations

However, Steel Impex and Industries Lanka (PVT) Ltd Chairman Ajith Bandulasena and Accountant Nishantha Sriwardena refuting the allegations levelled against them said that they have not violated the tender agreement and had never supplied substandard spare parts but the best.

“All these allegations are levelling against us by none other than the customs officers whom I got them netted to the Bribery Commission. The Bribery Commission failed to arrest two others who masterminded the ploy to sweep the investigation they were conducting against us under carpet,” Bandulasena said.When inquired as to why they have taken a 27% and 30% commission in spare part deals and 8.5% commission from tyres, neither Bandulasena nor Sriwardena accepted the claim but went on saying that they never took such a huge commission.

When told that reliable SLTB sources have furnished The Sunday Leader all the relevant documents that shows how Steel Impex Lanka paid 7% commission to the then Transport Minister Kumar Welgama, 2% to the Private Secretary to Minister Welgama- Ms Welgama and 2% to the then Chairman SLTB and also to Bandulasena, Deputy Chairman SLTB and some depot officials, Bandulasena and Sriwardena accused the customs officers who conducted the investigations for leaking the story to the media.

 

Customs confirm allegations  

“If not for the customs officers no one else had those documents,” Bandulasena and Sriwardena told this newspaper confirming that the allegations levelled against them are true.

Since this newspaper reliably understand that Steel Impex and Industries Lanka Ltd had violated the agreement to the core, by selling tax exempted spare parts to the local market and also purchasing spare parts from the local market and supplying them to Steel Impex Lanka for a higher price, the duo – Bandulasena and Sriwardena once again refuted the allegations.

 

Justifying purchases from local market

“How can we sell the spare parts imported with a tax exemption in the open market when the SLTB officials monitor the entire process from the point the goods are received from customs until we distribute them to the SLTB depots? But however there were instances we had to purchase certain spare parts from the local market when there were shortages of stocks. When the SLTB failed to make the payment to Steel Impex India on time, they delayed in sending the spare parts stocks to Sri Lanka. On such instances when SLTB officials come to us to purchase the necessary spare parts and if we do not have those stocks, they requested us to supply them even from the local market. Since they come from far away depots and cannot come back to Colombo once again to obtain the necessary spare parts they need, we purchase them from the local market and supply to them at the agreed price. Even if the local market value is higher than that of the prices we have agreed in the agreement, we still purchased and supplied to the SLTB bearing the losses,” they added.When asked as to who bores the loss in such transactions and whether the agreement has given them approval to purchase spare parts from the local market as well, Bandulasena and Sriwardena said that they are not aware of the conditions laid in the agreement but Steel Impex India had given permission to them to purchase the spare parts locally even at a higher price and supply them to SLTB at the standard price even at a loss. Although Bandulasena and Sriwardena promised to send a copy of the said letter given to them by Steel Impex India to this newspaper, until the paper went for publication this document was never sent despite of the numerous reminders given to them to obtain this document.

 

The SLTB documents that shows how they have paid commissions to the Minister, his Private Secretary and the SLTB Chairman from the spare parts and tyre deals

Ex-Minister denies allegations

Meanwhile, former Transport Minister Kumar Welgama said that he vehemently denies the allegations levelled against him and added that he does not want to make any comment since the matter is now in courts.

“Since the matter is before court I don’t think that it’s reasonable for you to query or me to reply on this. However these are baseless allegations with the sole objective of harassing political opponents. The allegations are vehemently denied,Welgama said.

 

 

Presidential Secretariat’s Move Hampers PRECIFAC Investigations

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by Ashanthi  Warunasuriya

Certain investigations carried out by the Presidential Commission of Inquiry for Fraud and Corruption (PRECIFAC) have reportedly come to a standstill as the Presidential Secretariat has failed to give the Commission, the powers to call financial institutions in the country to provide financial information to support the investigation.

Reliable PRECIFAC sources on conditions of anonymity said this had become a drawback to the investigation process and added that the Commission is to meet President Maithripala Sirisena in few days to inform, how the Presidential Secretariat’s move had hampered the Commission work for the past few months.

“We are confident that neither the President nor the Prime Minister is aware of this. It is the President who appointed this commission last year seeking us to accelerate the complaints we have received. When the Commission Chairman made the request to the President seeking to obtain the necessary powers to check financial details of those who are accused of bribery or corruption, the Additional Secretary to the President, Kingsley Fernando on behalf of the President’s Secretary wrote to us informing that full powers cannot be vested on the Commission but on individual basis,” PRECIFAC sources said.

Although the PRECIFAC under its Chairman’s signature had sent this letter of request to the President on September one, 2015, to its dismay the PRECIFAC had not received any reply or an acknowledgement from the President’s office until October 15, 2015.

“Although we wrote to the President we knew that this subject is handled by his Additional Secretary Kingsley Fernando and spoke to him on October 15, 2015. Although Fernando promised to come back to us we didn’t hear from him till November 30, 2015. It was only on November 30, 2015, that this Commission was informed that it was not possible for the Presidential Secretariat to grant permission to get financial details of accused parties but could be given on case by case basis,” sources alleged.

According to sources, if the President is aware of the Commission’s request, the requested powers could have been vested on PRECIFAC immediately.

Meanwhile, it has now come to light as to why Kingsley Fernando had not wanted to give the full powers to the Presidential Commission. “He is trying hard to protect fraudsters as Fernando too was engaged in bribery and corruption from the time he worked as the District Secretary Puttalam a few years ago. Fernando is accused of giving state lands to his relatives and friends illegally,” sources added.

Meanwhile Vijitha Senaka who had been allegedly deprived of a land in Kalpitiya by Kingsley Fernando told The Sunday Leader how all his attempts to obtain a state land in Kalpitiya to start a factory was prevented by Fernando.

“I got all required approvals from the land acquisition department, the central environmental authority and other relevant authorities. However the then District Secretary Puttalam Kingsley Fernando kept my file aside and did not allow me to acquire t the land to which I have got permission. It is alleged that the land in question had been given to those who had political influence. Although I knew that Fernando was expecting a bribe, I did not give him. That was why the District Secretariat Puttalam did not grant me their permission to acquire the land,” Senaka said.

Meanwhile Mohommed Ramzan a former employee at the Land Division of Kalpitiya Divisional Secretariat said the land division had approved to release the land for Senaka.

“Since I kept on asking Fernando as to why this land is not released, Fernando got rid of me and appointed one of his relatives to my position,” Ramzan said.

Meanwhile Senaka had lodged a complaint against Fernando with PRECIFAC.

“He is said to be a close relative of a UPFA politician in Puttalam and was engaged in various misdeed when he was serving as the District Secretary. I hope my complaint will be taken up for investigation. Since Fernando is now attached to the Presidential Secretariat he can hamper investigations carried out against the politicians of the previous regime,” Senaka said.

Although The Sunday Leader contacted Lacille de Silva, Secretary PRECIFAC to find out whether the Presidential Secretariat has failed to give the Presidential Commission the necessary powers to continue the investigations, De Silva refused to make any comment.

“As a commission we are engaged in a major task. Even when executing our duties and exercising powers vested on us, we are bound to act in a responsible manner. We cannot break the law when we have been appointed to catch the law breakers. The President has allowed us to carry out our duties independently and in an unbiased manner,” De Silva said. All attempts by this newspaper to contact Kingsley Fernando was not successful. Although a text message was sent to Fernando seeking a comment regarding the allegations leveled against him, neither Fernando sent a comment nor returned the call until the paper went to press.

 

BowlingYahapalanaya Out Of The Gentleman’s Sport

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  • Sri Lanka Cricket Polls 2016

By Nirmala Kannangara

The Gymkhana Club

The unorthodox manner, the Director General of Sports had allegedly carried out the selection of nominations submitted for the election of office bearers for Sri Lanka Cricket (SLC) have raised concerns on whose instruction the applications were selected or rejected and on what basis it was done.

DG Sports is accused of manipulating the validity of the applications submitted for the ‘race’ which had further tarnished the image of the country’s premier sports body. DG Sports, K.D.S. Ruwanchandra has come under severe criticism for rejecting certain suitable applications citing that they do not have the minimum qualifications to contest the election although another candidate who did not have the required qualification was allowed to contest the election.

It is alleged that Minister of Sports Dayasiri Jayasekera had used his direct influence over Ruwanchandra and got some suitable applications rejected for unknown reasons whilst an unqualified applicant was allowed to contest. Jayasekera is accused of his personal involvement in the SLC election. Meanwhile, allegations have also been leveled against Ruwanchandra for his failure to prevent applicants who were involved in bribery or corruptions from contesting the election. It was at this juncture that Ruwanpathirana imposed the minimum experience requirement to contest the election preventing those who have not served a term of two years on the Executive Committee of SLC for the past 15 years.

 

Minimum experience requirement

If there is a rule as such it’s fine imposing such regulations. But the question is as to why the applications of some who had the said experience were rejected and some who did not have the requirement were allowed to contest,” highly reliable SLC sources told The Sunday Leader.

According to sources, it is extremely disturbing the manner in which the Director General Sports acted to reject some applications on the basis that they have not served a term of two years (24 months) in the Executive Committee during the past 15 years.

“Out of those whose applications were rejected, I know for certain that one had served in SLC Executive Committee more than the requirement months. But however Ruwanchandra prevented him from contesting while Thilanga Sumathipala who had only 19 months and 11 days experience in SLC Executive Committee or any special committee was allowed to contest the election,” sources alleged.

 

Thilanga falls short of requirement

Sumathipala, according to the SLC sources, had served SLC only for 19 months and 11 days from 2000 to 2004. Sumathipala was first elected as president of Board of Control for Cricket in Sri Lanka (BCCSL) which later became SLC on June 11, 2000.

After serving nine months and 17 days as the President, Sumathipala was removed by an extraordinary gazette notification on March 28, 2001. Once again he was elected as the President on June 6, 2003 until the Annual General Meeting held on March 31, 2004 where he did not contest for another term. During his second tenure Sumathipala served only for nine months and 25 days. The total period of time Sumathipala held office in the Executive Committee during the past 15 years was only 19 months and 11 days. According to SLC, the period in which Sumathipala held office for the first time at BCCSL cannot be counted in consideration of his qualification under Article 11(f)(v) of the SLC constitution.

If Ruwanchandra could reject certain applications claiming that they did not have the required qualifications, he should have rejected Sumathipala’s application as well, sources claimed.

Sources further accused Sports Minister Jayasekera of misleading the sport bodies claiming that the International Cricket Council (ICC) has cleared Thilanga Sumathipala which was a blatant lie.

“During 2003- 2005 investigations carried out by the ICC’s Anti- Corruption and Security Unit (ACSU) found that they have evidence against Sumathipala for breach of several clauses of the ICC Code of Ethics primarily through his involvement with the bookmaking business in Sri Lanka- Sporting Star. However Sumathipala denied his involvement in bookmaking although it contradicted his own statements given under oath on earlier court proceedings. It was in March 2005, the ICC considered to have a full hearing into breach of several clauses of ICC’s Code of Ethics before an Indian Judge who was a member of the ICC’s Code of Conduct Commission,” sources said.

However, before the proposed hearing took place, SLC removed Sumathipala from its nominee director to the ICC Board. Therefore, Sumathipala declined to face the hearing.

 

Thilanga disqualified from being nominated to ICC

“Now he has become the President of SLC and under such circumstances, SLC cannot nominate Sumathipala as its representative on the ICC Board until he is cleared from breach of the Code of Ethics,” sources claimed. It was also revealed that the ICC removed Sumathipala’s name from the centenary medal nominees in July 2009 when his name was proposed by SLC. “Due to concern raised by the ICC’s Anti-Corruption and Security Unit, the ICC requested SLC to remove Sumathipala’s name from the centenary medal nominees,” sources added. According to sources, even during the recent Sri Lanka- New Zealand cricket series where Sri Lanka lost the tournament, the Sumathipala family-owned betting centers were making bets and literally minting millions of rupees.

 

Treasurer’s conduct questionable 

Be that as it may, allegations have also been made against the newly-elected SLC Treasurer Shammi Silva who is also the Chairman of Gymkhana Club Colombo for misappropriation of club funds. Gymkhana Club is a private members club established for sports recreation and social amenities for its members is regarded the country’s oldest sports club and the Colombo Cricket Club (CCC), Colombo Hockey and Football Club (CH & FC) and the Queen’s Club comes under the wings of Gymkhana Club.

Gymkhana Club Secretary, Prashantha Wimalasena queried as to what SLC could expect from Silva who was involved in many financial scams at Gymkhana Club.

“He got experience from Gymkhana Club to swindle money and in no time he will do the same with SLC funds as well,” Wimalasena alleged.

He further accused Silva for bringing the much lucrative club to a cash strapped club over the years. Wimalasena further alleged how Silva had rented out space the building that was constructed for a gymnasium in to a night club, a pub, bank, and pharmaceutical company and for many other private ventures without the approval of the club committee.

“It is Silva who decides without getting permission from the committee members.  This building stands on one of the prime locations in Colombo – closer to the Independence Square and Race Course.

A square feet of this building had been rented out between Rs.15 to 18 whereas the present market rate is Rs. 185- 200. Although the financial statements show a lesser rental, it is alleged that the exact rentals are much higher and the difference goes to somebody’s pocket. Out of this building we could have earned lot of profit and increase the facilities for sports and recreation but Silva had deprived the club of getting profits,” Wimalasena said.

The newly elected SLC President being greeted by the Sports Minister

 

Politicos prevent CID probes

According to Wimalasena, although as a custom, the person elect as the Chairman does not hold office for more than two years but accused Shammi Silva has been clinging on to the post without allowing any other committee member to become the club Chairman. Silva first became the Chairman in 2005.

“When Silva had to leave office another member became the Chairman during 2007/2008. Since it came to light how Silva had misappropriated club funds, a complaint had been lodged with the Criminal Investigation Department (CID) by Silva’s successor. The CID then filed a case before the Colombo Chief Magistrate (case no: 9592/01/08) where more details into frauds that took place during Silva’s tenure came to light. However with the political intervention the CID took a ‘U’ turn later to claim that there was no substantial evidence to prove that such frauds had taken place at the Gymkhana Club which was not true.

When we have the documents to prove that club money had been misused by Silva and his loyalists, how could the CID claim otherwise,” Wimalasena alleged. Amongst the allegations leveled against Silva, is that he had given memberships to over 50 people bypassing the accepted enrolment procedure and committee approvals, giving more than 250 honorary memberships to unsuitable people and mismanaging club funds.

According to him, the honorary memberships are given only to the erudite in the society in order to obtain their services to the betterment of the club.

“Instead of giving these honorary memberships to well-educated and respected people in the society, the Chairman has given this prestigious membership to ethanol dealers, crony officials and persons of similar caliber,” Wimalasena alleged.

 

Bouncing cheques

Wimalasena further said how Silva, had during   his earlier tenure had failed to pay taxes to the Inland Revenue Department (IRD) and upon receiving many reminders from IRD, issued cheques to the value of over Rs. 11 million which were dishonoured. “Knowing well that there were no funds in the banks, Silva without any fear issued cheques which was a black mark to the once prestigious sports club in the country,” Wimalasena said.

According to Wimalasena, when Silva was the Chairman during 2005/2007 Propel Advertising had issued five cheques to the value of Rs.250, 000 towards Gymkhana Club to put up a hording. Although the Advertising Company owner Suneth Saputantri had confirmed this during an inquiry it was revealed that the club had received only Rs. 45, 000. “This is a serious offence. Then Chairman Shammi Silva has to take the responsibility. How could the cheques written in favour of the club be withdrawn by someone else without the knowledge of the Chairman?  In the purchase of an electrical cable to the club from S.A.S. Engineering Company yet another fraud had taken place. It was unearthed as to how S A S Engineering Company had purchased the cable from Alucom Engineering Company for a sum of Rs. 2.12 million and it was sold back to the Gymkhana Club the same day for Rs. 2.83 million. Incidentally, owner of S A S Engineering Company is alleged to have served in the club committee under Silva as Bar and Restaurant Secretary. These evidences clearly shows where these robbed money had gone to and why the club did not want to purchase the cable from Alucom Engineering but from S.A.S. Engineering,” Wimalasena alleged.

 

Shady deal with apartment developer

Wimalasena further alleged as to how Silva on an arbitrary manner is trying to get the indoor cricket complex where more than 400 students practice demolished, in order to give the land to a property developer.

“Now plans are afoot to lease out part of the land for an apartment building. Since our club is located in a crown land and the lease agreement expires in 2022, if the agreement is not renewed a huge penalty would have to be paid to the developer. The draft agreement between Gymkhana Club and the property developer clearly states that if they cannot occupy the premises till 2040, a huge penalty had to be charged from the club.

Wimalasena further said how Silva had paid the CCC cricket manager Rs. 35,000 as the monthly remuneration, but has claimed to have paid Rs. 110,000 in the financial statements.

 

Refute allegations

Refuting allegations Shammi Silva said that he had proved his innocence and the allegations are leveled purely on jealousy. “Even on a previous occasion you posed the same questions to me to which I have replied that none of the allegations leveled are true. There is a court case pending filed by the Secretary and I am not bound to talk anything which is now in courts. In a nutshell, I want to say that I am not responsible to any of the allegations. I have only developed the club and its activities during my tenure,” Silva said.

Meanwhile, Director General Sports K.D.S. Ruwanchandra said that he had given enough of information in regard to the allegations levelled against him and wanted this newspaper to go through the press briefing he had conducted.

“Visit the websites and see what I have told. I have not done anything wrong,” he added.

President, Sri Lanka Cricket (SLC), Thilanga Sumathipala however refuted the allegations leveled against him and queried as to why this newspaper wants to highlight SLC election even few weeks after the election was held.

“Narangoda was not involved in SLC even for one day. If he was allowed to contest the election is there any wrong in contesting,” Sumathipala queried.

However Sumathipala wanted this newspaper to ask a journalist who has a good knowledge in sports to question him as he knows well that this journalist does not have any knowledge in SLC.

“From the way you pose questions at me, I know you don’t have any knowledge about cricket. Please ask a sports journalist to talk to me,” Sumathipala added.

Meanwhile Sports Minister Dayasiri Jayasekara said that no one can point a finger at him for not conducting a free and fair election and added that those who are now levelling allegations against Thilanga for involvement in betting and sports good importation could have gone to the Registrar of Companies and got the company registration details. “Why couldn’t these people get Company registration details to prove that Sumathipala is involved in bookmaking and importing sports good to the country? When the DG Sports rejected certain applications why couldn’t they go to courts against that decision? Without taking such action they are now levelling allegations. If not for Sumathipala, Narangoda couldn’t have contested the election. Lokuhewa gave up the race at the last moment. Without taking any action against the alleged frauds, they are now coming up to say that we conducted the election in a fraudulent manner,” Minister Jayasekera said.

 

Pakistan Jets Still Being Considered

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by Easwaran Rutnam

JF-17 Thunder Aircraft

A much publicized matter when Pakistan Prime Minister Nawaz Sharif was visiting Sri Lanka recently was that Sri Lanka was to sign a deal to purchase JF-17 Thunder Aircraft from Pakistan.

JF-17 Thunder is a third-generation fighter co-produced by Pakistan Aeronautical Complex (PAC) and China’s Chengdu Aircraft Industry Corporation (CAC).

However no such agreement was signed, and the Indian media later reported that the deal was suspended owing to pressure from India.

The Air Force says nothing has been ruled out and all options are still being looked into and JF-17 still remains an option.

Air Force spokesman, Group Captain Chandima Alwis told The Sunday Leader that Sri Lanka is in need of new jets for it to be on par with the changing world.

He said a final decision had never been taken on the JF-17 Thunder Aircraft even at the time Nawaz Sharif was in Sri Lanka.

“We have a requirement to improve our fleet and we are studying various options. The Air Force had never informed the Ministry of Defence that we would like to go for the JF-17, so there was never a final decision to purchase the jets when the Pakistan Prime Minister was in Sri Lanka,” he said.

However, the highly respected defence magazine Jane’s Defence Weekly had reported that following the first export deal for its JF-17 multirole fighter to Myanmar, Pakistan was expected to be pushing hard for a follow-up agreement with Sri Lanka that would mark an important step in further extending its defence co-operation footprint in the Indian Ocean region.

The report says that efforts to secure an agreement in principle for the sale of the JF-17 Thunder were expected to be high on the agenda during the visit of the Prime Minister of Pakistan to Sri Lanka.

Sharif’s visit to Colombo followed a mid-November visit to Pakistan by Sri Lanka Air Force commander Air Marshal Gagan Bulathsinhala during which the JF-17 was showcased by the Pakistanis. Immediately after the visit AM Bulathsinhala was invited to send an evaluation team of technicians and pilots to PAC’s Kamra facilities near Islamabad, where the JF-17 is produced.

At present the Air Force, according to the Jane’s Defence Weekly, rely on the Israel Aircraft Industries Kfir, which served as the workhorse of the Air Force ground attack operations during the war.

Currently the JF-17 is flown only by the Pakistan Air Force (PAF), with the first squadron of Block 1 aircraft becoming operational in 2010. In late December 2015, PAC rolled out the 16th of a planned total of 50 Block 2 aircraft to complete the PAF’s fourth JF-17 squadron in service.

Phasing out its older Dassault Mirage III/5s and Chinese F-7Ps fighters, the PAF reportedly plans to induct at least 250 JF-17s. By contrast, China’s People’s Liberation Army Air Force (PLAAF) does not fly the JF-17.

Captain Chandima Alwis said Sri Lanka needs to secure its airspace, so SL needs to have jets with advanced technology even if there is no war.

He said the jets in the Air Force fleet are maintained and flown in order to ensure they are in good condition and ready to be thrown into operation if the need arises.

Among the countries the Sri Lanka Air Force is looking to acquire new jets is India, the Air Force spokesman added.

The Jane’s Defence Weekly reported that diplomatic and political pressure by India is believed to have stalled the Sri Lankan Air Force plans to procure the JF-17 Thunder fighters from Pakistan.

The magazine quoted official sources in New Delhi as saying this influence had prevented Pakistani Prime Minister Nawaz Sharif from closing a deal for 10-12 JF-17s for around USD400 million during his visit to Colombo.

During Shariff’s visit, Pakistan and Sri Lanka signed eight bilateral agreements in diverse fields including cooperation in trade, financial intelligence, science and technology, and healthcare.

Prime Minister Nawaz Sharif, President Maithripala Srisena, and Prime Minister Ranil Wickremesinghe witnessed the signing of documents at a ceremony held here at the President’s Secretariat.

An Agreement on cooperation in the field of health was signed between the Pakistan government and Sri Lanka’s Ministry of Health, Nutrition and Indigenous Medicine.

The MoU on cooperation in the exchange of intelligence related to money laundering and terrorism financing was signed between the Financial Intelligence Unit of Sri Lanka and Financial Monitoring Unit of Pakistan. The Ministry of Science and Technology,  and Pakistan signed an MoU with Sri Lanka’s Ministry of Science, Technology and Research in the field of scientific innovation and cooperation.

The Pakistan Science Foundation, and National Science Foundation of Sri Lanka inked a MoU on scientific and technological cooperation. The MoU on sharing statistical and census data was signed between the Pakistan Bureau of Statistics, and the Department of Census and Statistics of Sri Lanka.

The MoU between the Ministry of Information, Broadcasting and National Heritage and Sri Lanka’s Ministry of International Affairs, Wayamba Development and Cultural Affairs was signed on cooperation in the field of culture.

The Trade Development Authority of Pakistan (TDAP) and the Export Development Board (EDB) of Sri Lanka signed an MoU on cooperation in trade.

The MoU for cooperation between the Pakistan Institute of Fashion, and Design and the Gem and Jewellery Research and Training Institute of Sri Lanka was also inked.

Minister for Commerce Khurram Dastagir Khan, Special Assistant on Foreign Affairs Tariq Fatemi,and Secretary Commerce Muhammad Shehzad Arbab inked the relevant documents.

 

Police Atrocities: Public Betrayed By Opposition ?

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By Camelia Nathaniel and Ashanthi Warunasuriya

Hundreds took to the street in Embiliptiiya in protest against the police after a youth was killed during a clash between the police and the participants in a party

When Mahinda Rajapaksa regime was defeated last year, the people expected them to come back as a formidable opposition that will keep the new Maithripala-Ranil government under check. However, a year later the opposition has been weakened to such a level that it seems that the government is controlling the entire opposition.

Many of the opposition MPs are in disarray. No one wants to stand up against the new government fearing that they will be hauled up in front of the Financial Crimes Investigation Unit and questioned on corruption. Some are of the view that the government is attempting to silence the opposition members in parliament through intimidation.

In the recent incident in Embilitpitiya, the police had allegedly assaulted a young man since he had allegedly refused to give them two bottles of liquor. It is said when the police raided a private party, a brawl had ensued between the police officers and the participants in the party. Then the young man who was allegedly assaulted by the police was thrown down from a building and killed. The police maintain that they had gone there to control a violent situation, but the residents of the area say otherwise.

Just prior to that incident, a man was abducted in broad daylight in a defender belonging to MP Hirunika Premachandra and allegedly the MP herself had threatened him. In this instance also, the police, instead of protecting the vulnerable, chose to side with the powerful.

The irony, however, is that in the face of such blatant undemocratic and unacceptable acts, the opposition has remained rather subdued. Apart from just making a comment, they have chosen to maintain silence. The Sunday Leader asked several politicians about this new development in the country where the opposition has been subdued to a point that they too seem to have become obedient servants of the government.

According to Dr. Nalinda Jayatissa of the JVP, the political parties are forced to face many social issues. They are unable to raise their voices in every incident. However over the past year, he said, the JVP focused mainly on re-establishing democracy in the country after defeating the previous regime. He claims that his party had not lost its strength. He added that mainly it is JVP that raise a substantial voice in parliament against the government.

“The politicians still do not respect the rule of law in the country. One example is the abduction case where Hirnuika is reportedly has some links. The political change that was brought about last year via a great struggle is in vain because the present government do the same atrocities. They are even harbouring some of the crooks of the previous regime thereby paving the way for corruptions and frauds to continue. It has been easier for the government to protect the perpetrators of the previous regime, who are supporting them, rather than establishing a corruption free political culture in this country,” he added.

Commenting on the police actions Jayatissa said the JVP certainly do not condone arrogant actions of the police, and added that these atrocities may increase in the future if the current regime continues to turn a blind eye to such atrocities and protect these offenders. The leader of the JVP raised serious questions in parliament earlier regarding these incidents. At that time, the minister in charge of the police matters brought a document issued by the police and produced it in parliament. The government is clearly trying to hoodwink the people and wash their hands of the incidents, he said.

This government that condemned the previous regime for its mismanagement, corruptions, and frauds, has done nothing different from what they had done and it continues in the same way, he pointed out.

Mohammed Muzammil of the National Freedom Front commenting on the silence of the opposition said the current government exaggerated many incidents about the previous regime and succeeded in convincing the people that the previous regime was corrupt.

“The new government has already forgotten the promises that they made to the people. The underworld has once again raised its head and the number of murders has increased. During the previous regime we saw characters such as Mervyn Silva; but now we have others like Hirunika, and meanwhile, the government is simply engaged in a drama in order to deceive the people. While there was ample evidence against her, all mechanisms were designed to make sure she is not punished for her actions,” he added.

UPFA MP Prasanna Ranatunga said he does not agree that the opposition is silent. He said that apart from the joint opposition, the rest have been silenced by giving them little perks in order to keep them under the control of the government.

“When Rathupaswala, Katunayake, and Chilaw incidents took place, they always blamed the Rajapaksa regime, but now when a youth is killed in Embilipitiya and when a university student was beaten, then they put the blame on the police and wash their hands of the incidents. This cannot be accepted. The country is slowly but surely becoming a police State.”

He also said that today the country has an opposition leader who supports the government and the JVP is criticising the government only to protect their vote base.

“If one were to take the Hansard and see, that person can realize that even now the JVP is only interested in blaming the Rajapaksas.”

Frontline Socialist Party’s Propaganda Secretary Pubudu Jayagoda told The Sunday Leader that according to this government, democracy means setting up of various commissions.

“At that time, we were of the view that the government needed to establish true democracy for the people and not just economic democracy. The democracy that this government came up with was mainly tailored for the benefit of the affluent. The ordinary people were ignored and they had to endure the wrath of the police and politicians as there was no one to stand up for them or protect their rights. Even last February when the farmers were protesting in Dambulla, they were arrested in the same manner that the Rajapaksa regime did to oppress the people. They are no different to the previous regime.”

Matale District JVP organiser said it is clear that both Maithripala and Ranil have left aside the promises made to the people and are now focused on other matters. When looking at the recent incidents and the police reaction against them, it is very clear, he said.

During the Rathupaswala incident, the UNP who was in the opposition at the time, made a big hue and cry condemning the manner the police and the army acted in that instance. However when the power is in their hands, they allow the police to carry out brutal assaults on citizens demonstrating that they are not impartial , he pointed out.

 


Eroding LMSC Funds For A Non-Existent Project

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  • Hambantota Beach Park

By Nirmala Kannangara

The uncompleted beach volleyball pavilion in the ‘Beach Park’

It has now come to light how millions of rupees have allegedly been siphoned by members of the former Rajapaksa regime under the guise of constructing a beach park in Hambantota.

Although the Rajapaksa dynasty had failed to provide concessions to the general public nor took any action to bring down the cost of living even after the war, they never failed to develop their constituency – Hambantota, burdening the tax payer.

However, according to details this newspaper is in possession, the money that was collected from Ministries and state institutions to construct the Hambantota Beach Park under the instructions of Rajapaksas, a beach volley-ball court had been constructed instead, for the enjoyment of members of the former First Family.

Several millions of rupees have been obtained from a number of ministries and state institutions to construct the beach park in Hambantota, but according to residents, other than a volley ball stadium on the beach, no other constructions had taken place.

This land belonged to some Muslim families in the area and this was acquired to take revenge from them. They have not been compensated up to now, a resident in the area told The Sunday Leader.

 

Acquired as revenge

According to him, the Muslim mosque which was closer to the beach in Hambantota was damaged by the 2004 tsunami and majority of those who lost houses and lives were also Muslims.

“Once the then Prime Minister Mahinda Rajapaksa came to see those who were affected, he said that the damaged mosque would be preserved as a tsunami monument to which the Muslim community got angry and hooted at him. This annoyed Rajapaksa who left the scene immediately and ensured that none of the Muslims living in make shift camps were provided with any tsunami relief. After he became the President, he acquired the entire stretch of land and gave it to businessmen to construct hotels. One land was earmarked for the beach park and now it had become a safety heaven for the drug addicts and other illegal affairs. The area is overgrown and not a single construction was done to make this place as a beach park, the sources said.

The Sunday Leader is in possession of a letter dated January 4, 2012 sent by the Ministry of Defence and Urban Development requesting Secretary, Ministry of State Resources and Enterprises Development to release Rs.30 million to the Urban Development Authority (UDA) for the development of the Hambantota beach park.

The letter further states asfollows:-

Secretary,  Ministry of State Resources Enterprises Development,

No: 561/3, Elvitigala Mawatha,

Colombo 5.

 

Hambantota Development – Beach Park

As agreed at the discussion held with the Hon. Namal Rajapaksa, Member of Parliament for Hambantota District, it is appreciated if you could release Rs.30 million to the Urban Development Authority in connection with the Development of Beach Park at Hambantota. Janaka Kurukulsuriya, Additional Secretary (Urban Development), for, Secretary Ministry of Defence and Urban Development”

According to sources from the UDA, although money was remitted to the UDA, the construction work had been carried out by the Engineering Services Regiment of the Sri Lanka Army.

“The UDA received money from various ministries and government institution for the development of the Beach Park at Hambantota. It is believed to have been carried out by the Army. But to our knowledge such a project was not carried out instead facilities were provided to hold Southern Beach Feast at Hambantota in December 2013,” UDA sources added.

Sources further alleged as to how, Sri Lanka spent around Rs 500 million to stage the South Asian Beach Games in October 2011. “We were surprised as to why such a large amount of money was spent to hold an international event on the Hambantota beach. When we raised this issue with the organising committee, we were told that by holding the South Asian Beach Games with the participation of foreign sportsmen and women, it would give a weight to the country’s bid to hold the Commonwealth Games in 2018. They assumed that the successful hosting of this international event would be a huge boost for Hambantota’s bid, hence whatever spent on the beach games would not be a waste but an investment in their future plan for the commonwealth games,” source alleged.

Meanwhile, inside sources from Lanka Mineral Sands Corporation (LMSC), on conditions of anonymity said that when the request came to Secretary Ministry of State Resources and Development, Willie Gamage who is alleged to be a lackey of the Rajapaksa family.  Instructions had been given immediately to LMSC to release the money. “The first request in January 2012 was made for Rs. 30 million and again on January 31, 2013, yet another letter had been sent to Willie Gamage, by the Ministry of Defence and Urban Development to get another Rs. 10 million. This letter had also been copied to MP Namal Rajapaksa. What made the Ministry of Defence and Urban Development to ask state institutions to contribute towards such a project without getting it done from Hambantota local council funds?” sources queried.

 

Necessity for the country’s development

Sources further stated that this project was initiated claiming that it was a necessity for the country’s development.

“Although the Rajapaksas believed that it was a necessity to spend money for the enjoyment of their offspring, it was not a necessity to the general public. The instructions to Willie Gamage were sent by an Additional Secretary and a Military Coordinating Officer for the Secretary of Ministry of Defence and Urban Development. After a meeting with Namal Rajapaksa, instructions were given by Gotabaya Rajapaksa to remit the money to the UDA which came under the direct purview of the then Defence Secretary. As no such construction or any development had been taken place on the beach we now know as to who has siphoned this money,” sources further claimed. It is learnt that when the Defence Ministry had sent these request letters to Willie Gamage as the Ministry Secretary, he was also acting as the Chairman of Lanka Mineral Sands Corporation and its Managing Director/ Working Director was Dishan W. Gunasekera who happens to be a nephew of former First Lady Shiranthi Rajapaksa.

“Gamage was a Rajapaksa loyalist and would always help out Rajapaksas at any cost. When the Defence Ministry sent these request letters, without batting an eye lid, Gamage forwarded them to Managing Director, Gunasekera and got the money released. On both occasions Gunasekera as the MD had made the payments to the tune of Rs.40 million pending approvals from the Board of Directors,” sources said.

Sources further accused Gunasekera and Gamage of spending funds of the institution for what they should have not spent and said that Lanka Mineral Sands Corporation was converted into a cash-strapped institution by Gamage and Gunasekera duo since they allegedly spent its funds for the benefit of Rajapaksas.

“Out of our net profit, every year we give 35% to the Treasury as this institution is owned by the Treasury. In order to show that this institution had gained profits in 2012, Gunasekera took Rs.200 million that was received as compensation for the Pulmudai Mineral Sand Plant after it was damaged by the tsunami, the gratuity fund and the money lying in Treasury bills all amounting to several million rupees and showed the then government that it was the company’s net profit and paid Rs. 2,220 million to the Treasury as its 35% share for 2012. As a result, Lanka Mineral Sands faced a financial crisis and hence had to obtain Rs.500 million bank drafts to run the institution,” sources claimed.

Sources further said that complaints had been lodged with the Presidential Commission of Inquiry for Fraud and Corruption (PRECIFAC) and Financial Crime Investigation Division (FCID) on frauds that took place prior to 2015. “They misused public money to make the Rajapaksa family happy.

If a beach park had been constructed out of the money we have given, we would be happy as the money had been spent for some useful purpose.

Although we understood that our money had been taken and such a development had not taken place in Hambantota we were annoyed but had to control our annoyance in fear of Gamage and Gunasekera as they were carrying out a dictatorial administration. We came out against these corruptions after the fall of the Rajapaksa regime in January 2015,” sources alleged.

According to Lanka Mineral Sands Board Paper No: 2012/ 231/10 dated January 16, 2012, Managing Director, Dishan Gunasekera had stated that the institution had decided to release the money requested by the Ministry of Defence and Urban Development considering this project as a ‘national requirement’.

Meanwhile, questions have been posed as to why the Defence Ministry had made yet another request from Willie Gamage on January 31, 2013 asking for another Rs.10 million for the said project.

According to a footnote, Willie Gamage had made in the said January 31st letter, other Ministries and government institutions too have contributed money towards the project. “If Willie Gamage as Secretary Ministry of State Resources and Enterprise Development claimed that other Ministries and state departments too have contributed towards this ‘worthy cause’, then how much of money had the UDA received for this project.

Lanka Mineral Sands contributed Rs.40 million and how many millions more would have been collected and later siphoned by the powers be at the time. This is up to the PRECIFAC and the FCID to initiate separate investigations,” sources said.

Meanwhile, Competent Authority of Lanka Mineral Sands Corporation Asoka Peiris confirmed to The Sunday Leader that Rs.40 million had been given to UDA for the said project without the proper approvals.

“The then GM and the Finance Manager were responsible for releasing this money pending board approval. These two officials have now left this institution and there is no way that I can take any action against them. Developing a beach park at Hambantota does not fall into our scope of work. So what made the Ministry of Defence and Urban Development make a request to this institution to release money and what made the then Acting Chairman and the MD to give the money? This money would have spent to give incentives to the staff,” Peiris said.

Peiris further said how Lanka Mineral Sands Corporation is now faced with a financial crisis and added that they have reserves only to the amount of Rs.187 million as at this moment.

“This is an institution that earned a lot of revenue. But due to the alleged misappropriation of funds during the previous regime, we are facing a financial crisis. To maintain this institution we need Rs.100 million per month,” Peiris added.

 

Refutes Allegations

However refuting allegations former Managing Director Dishan W. Gunasekera said that the money was spent on a CSR project by Lanka Mineral Sands.

“We did not get any instruction from anyone. We spent this money on a CSR project and we wanted the UDA’s support to construct this beach park,” Gunasekera said.

When asked whether the Ministry of Defence and Urban Development that made this request and whether Lanka Mineral Sands had inspected whether their money had been spent meaningfully, Gunasekera said the Defence Ministry never made any request but the request was made by the UDA and the funds were also released to the UDA.

“Since we did not have the necessary knowledge to carry out this project, we released the money to UDA but never made any follow up to see whether they have constructed a beach park or not,” Gunasekera added.

When questioned as to why he failed to inspect the progress of their CSR project, Gunasekera was not able to give a proper answer but later added that he had confidence in the UDA.

“The UDA is a government institution and once we released the money we didn’t want to see the progress. If you are claiming that they have not carried out any development work, it is the fault of the UDA. You have to question the UDA why they failed to carry out this project and if so what has happened to the money,” Gunasekera said.

He further accused the present management of recruiting more staff which had led to a financial crisis.

“During my tenure from 2010 to 2015 January, this was a profit earning institution and now it faces a financial crisis.

Comparing to the revenue we have got under my administration with the present situation any one will know how well I managed this institution,” Gunasekera added.

 

State Institutions Under Probe

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by Hafsa Sabry

A large number of fraud and corruption cases are being brought to light

A large number of state-run institutions handling public funds have been accused of misusing them causing losses amounting to billions.

“The Presidential Commission, probing corruption and fraud committed during the past years, will come to an end without a delay and the culprits will be brought to book very soon”, says Lacille De Silva, Secretary to the Presidential Commission to inquire into Large Scale Acts of Fraud and Corruption.

It is high time for politicians, who misused public funds for their personal gain, to be held answerable for their illegal actions. A large number of fraud and corruption cases are being brought to light by the new government and its authorities. About 1,400 petitions have been received against fraud and corruption, which hints of a large amount of public funds being wasted and used illegally.

“We are more concerned about the bureaucratic politicians who have dealt illegally with vast amounts of public funds, in order to bring about a change in the influence and power the politicians have”, claimed De Silva.

A number of high level politicians are in troubled waters as the Presidential Commission and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) act against corruption, irrespective of their power and influence. The Commission had received nearly 900 petitions on corruption and fraud from July to November over alleged incidents of misuse of public funds by politicians.

“Our country has not seen such a large number of investigations against politicians and powerful individuals. As such this could be the first time ever in the history of Sri Lanka that we conduct and speed up investigations on corruption”, added De Silva.

Only 100 petitions out of the 900 had come under the purview of the department’s rules and regulations. In the meantime, half of them are under investigation without delay as they involve several high profile politicians.

De Silva added that the investigations commenced on March 2015 and the task of carrying out investigations on state institutions and politicians takes a lot of time as the officials were not trained for such investigations.

Since the investigations and probes into serious and large-scale fraud and corruption are a new area for the country, the officials of the Commission and police officers require training on how they could act against the criminals to gain information. Before grilling the politicians in the country, the officials should be trained on how they approach the suspects to gain information and record statements. Therefore, the time period for investigations of the Commission will have to be extended, says De Silva.

Having got the police officers and the necessary officials from relevant departments in July, after nearly four months since the beginning of investigations, the commission speeded the task. Therefore, two cases are already being finalized, culprits have been identified and the case files have been transferred to the Attorney General and the CIABOC. The CWE, Ministry of Justice, SriLankan Airlines, SriLankan Catering, ITN, Sri Lanka Transport Board, etc. are some of the important state institutions that are accused of misusing public funds, causing massive losses to the government. It has been proved that these state institutions have allegedly misused millions of public funds and the culprits are to be brought to book in the near future.

Moreover, nearly Rs. 13.2 million of public funds have been allegedly used from the Negombo Lagoon project by former minister Sarath Kumara Gunaratne for the 2015 presidential election campaign, and the corruption has been proved while the relevant case files were forwarded to the CIABOC and the AG’s Department.

On the other hand, the investigations concerning the state-owned television station ITN, are reportedly about allegations of financial manipulation and large scale monetary losses during the 2015 presidential election campaign.

In addition, the Northern Provincial Council (NPC) was accused of allegedly misusing approximately 13 billion Sri Lankan rupees to buy filters, and the investigations on the probe is underway and will be soon completed and forwarded to the relevant departments.

However, the Commission lacks officials and police officers who could carry out investigations in a short time period, hence training programs will be conducted in the process.

“I would not deny the fact that we have some officials who are capable enough to carry out investigations. But we are in need of more of them. The investigations will soon be completed with the help of the government authorities, CIABOC, AG’s department and the police”, said De Silva.  “We have just started and we hope do to a good job”, he added.

Army Commander In A Soup?

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  • Prageeth Eknaligoda Dissappearence Case

By Nirmala Kannangara

Prageeth Eknaligoda and Sandya Eknaligoda

Army Commander Major General Chrishantha de Silva (A. W. J. C. De Silva) who was appointed as the 21st Commander of the Sri Lanka Army effective from February 22, 2015, is likely to face legal action for his alleged failure to cooperate with the Criminal Investigation Department (CID) over the investigations into the disappearance of senior journalist Prageeth Eknaligoda.

The CID, it is learnt, has sought the Attorney General’s (AG) opinion to take action against De Silva and is waiting for AG’s recommendations for further action. When the CID on an earlier occasion in August last year wanted to arrest two Lieutenant Colonels in connection to the disappearance of Eknaligoda, De Silva and the then Defence Secretary had reportedly opposed the CID’s move strongly, claiming that the accused were involved in winning the country’s three decade war. Recently, it was revealed as to how Army Commander Chrishantha de Silva together with the Head of the Directorate of Military Intelligence, S. Salley, along with Lt. Colonel Mahathanthila had attempted to get Senior State Counsel Dileepa Peiris appearing in the Eknaligoda case removed, allegedly to help the Eknaligoda murder suspects obtain bail.

“This Senior State Counsel, who has left no stone unturned to unearth the truth, vehemently opposed any move to release the suspected army officials on bail. It is alleged that the Army Commander has used his good office to influence to get the Senior State Counsel replaced with another State Counsel whom they believe would help them obtain bail for the suspects. In addition to the Army Commander’s attempt, Wimal Weerawansa’s National Freedom Front and Ven. Galagodaatte Gnanasara Thero’s Bodu Bala Sena movement (which is known for their extreme anti-Muslim views) have strongly opposed the arrest of the former military intelligence sleuths over Eknaligoda’s disappearance,” reliable CID sources said on conditions of anonymity. It was also reported that when Eknaligoda case was taken up at the Homagama Magistrate’s Court in mid-December last year, former Media Spokesman and UPFA Parliamentarian Keheliya Rambukwella who was present at the hearing had later told that UPFA dissident (i.e. Joint Opposition) MPs had decided to donate their MP salaries to the families of the arrested military intelligence unit members. Although the Army Commander made attempts to get the Senior State Counsel appearing for the case removed, acting Attorney General Dr. Suhada Gamlath had reportedly turned down the request claiming such actions will not be resorted to at the Attorney General’s Department. Meanwhile Sandya Eknaligoda alleged that the suspected military intelligence unit members had been receiving ‘right royal’ treatment in prison. “When the Homagama Magistrate asked from where these suspects were brought, the prison official who accompanied the accused said that they were brought from the prison hospital. The Magistrate said that although the Court cannot ask these accused not to be placed at the prison hospital if they are really sick.

But the Magistrate added that although they live in luxury in the prison hospital, their consciousness knows that they ought to be rather subject to punishment if they have done something wrong. We have received information that these accused are receiving special treatment. People want to know on whose directives these facilities were given to these murder suspects,” Sandya Eknaligoda stressed.

Meanwhile. questions have been raised as to why the Army Commander and several other UPFA dissident MPs including the Kurunegala District MP, former President Mahinda Rajapaksa, and other movements closer to the former President are trying to safeguard these accused military intelligence unit members by paying visits to the prison to meet the ‘political prisoners’.

“Since they know very well that these accused undertook contracts for the Rajapaksa regime, now they are trying to defend them,” the CID sources said.

“What the Homagama Magistrate wanted was, the Army to furnish the vehicles’ movement details of the Giritale Camp of a certain period where my husband was thought to have been detained. The Army has so far failed to divulge these details but had given the vehicles’ movement details before and after the period the court required for the investigation. This shows that the army is trying to impede the ongoing investigation by not supporting the CID,” Sandya said.

Although Homagama Magistrate Ranga Dissanayake directed the Army Commander to assist the CID investigation, the Army Commander is alleged to have taken some important documents pertaining to the investigations under his custody from the Military Police.

“If what had now transpired is true, will the Army Commander take the responsibility of these important documents? What is the reason for the Army Commander to oppose the CID when they were to arrest some army officers who are accused of their involvement in the disappearance of my husband,” Ms. Eknaligoda queried.

The Homagama Magistrate instructed the Sri Lanka Army to cooperate with the investigation and to provide all the information required by the CID. The Magistrate further said that under the Penal Code, the Army Commander is liable to face legal action in the event he fails to cooperate with the Police investigations.

However, refuting allegations, Army Spokesperson Brig. Jayanath Jayaweera said the Army never tried to obstruct investigations and added that the Army Commander has given instructions to release the details the CID want and to help them in the investigations.

“Following the Court order, legal officers of Sri Lanka Army went to the Giritale Camp accompanied by the Military Police and had taken the details that the CID wanted. The Army had never tried to prevent any investigation from carrying out against the accused military intelligence members,” Brigadier Jayaweera said.

When asked whether the alleged attempt to get the Senior State Counsel removed from the case in order to get bail for the accused, the Army Spokesman said that neither the Army Commander nor any other army officer tried to get the Attorney General’s representative changed. “How can the Army get this done? These are baseless allegations,” he retorted.

Meanwhile, it is learnt that one of the suspects in the case, Col. Shammi Kumararatne is facing another murder probe by the CID. The new probe is related to a murder that had taken place around 2007.

The CID has found that the Army in 2007 had uncovered, during some excavation work in the camp using a backhoe, a three wheeler and the body of a soldier suspected to be Argen Premakumara from the Giritale Camp.

Kumararatne at the time was the second in command (2IC) at the Giritale Camp. The inquiry had been carried out by the Polonnaruwa Police at the time. However, OIC Crimes Jayathileka at the Polonnaruwa Police at the time had faced much pressure from certain sections of the military. Finally, Jayathileka had reportedly ‘shot’ himself, and to date his death remains a mystery, according to sources from the police. Then ASP Joseph in the Polonnaruwa Police had also pulled out of the case as well.

Furthermore, one of Kumararatne’s loyalists Ravindra Rupasinghe alias Ranjith, who is the fifth suspect in the Eknaligoda case was caught in 2012 for selling boat engines that once belonged to the LTTE. Ranjith had reportedly served as a bodyguard to former Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pillayan.

Pillayan is now in CID custody. He is a key suspect in the murders of MPs Joseph Pararajasingham and Nadaraja Raviraj.

Following the arrest of the former LTTE cadre, Sudha, who was taken into custody for the killing of former UNP parliamentarian, Nadaraja Raviraj, the CID arrested 11 suspects for Eknaligoda abduction on evidence unraveled during Sudha’s interrogation.

It was on Sudha’s information that two former LTTE cadres were arrested, who later revealed who was behind Eknaligoda’s disappearance. It is also said these two Sumathipala Suresh Kumar, and Sathya Master were attached to the Intelligence Wing of the Karuna faction, and it was on their information, Sergeant Major Ranbanda attached to the military intelligence was arrested in Kurunegala. This was followed with the arrest of two Colonels attached to the army intelligence unit and seven others.

The two LTTE intelligence cadres were attached to the Karuna faction. It was they who had reportedly abducted Eknaligoda from Rajagiriya on January 24, 2010 and had dropped him off at Giritale camp and later drowned the abductee in the seas off Trincomalee.

Amongst the arrested are Lieutenant Colonel Kumararatne who was in charge of the Giritale Army Camp, Lieutenant Colonel Siriwardena, Staff Sergeant Rajapakse and Corporal Jayalath.

According to Sergeant Major Ranbanda, who was attached to the Giritale Camp at the time; Eknaligoda was brought for interrogation and had been taken away after a rigorous interrogation by Major Jagath Wijesuriya.

Major Jagath Wijesuriya who was in charge of the Girithale camp where Eknaligoda was brought and questioned, was later promoted to the rank of Major General by the then Defence Secretary Gotabhaya Rajapaksa although there were allegations levelled against him for theft of livestock. This promotion is said to have been given because of the friendship the then Defence Secretary had with Wijesuriya.

It is also learnt that Lieutenant Colonel Shammi Kumara Ratnayake is also accused of having a hand in the operation to abduct Eknaligoda where the latter was taken to his private farm in Sigiriya and later to the army intelligence headquarters at Giritale in the Polonnaruwa District. It is alleged that Eknaligoda was rigorously interrogated by Lt. Col. Ratnayake and his staff for several days before his fate was decided.

Eknaligoda is said to have been detained at Giritale Camp for one week and had taken to the Sorivila Army Camp at Manampitiya in the Dimbulagala police division. Sorivila is a Tamil village and is yet to be cleared for landmines. From further interrogations, Eknaligoda is alleged to have transferred to the Plantain Point Army Camp in Trincomalee where Eknaligoda is believed to have breathed his last.

 

 

Till Collection At Kalutara Bodhiya Taken By Trustees

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  • Ven. Marapana Vijitha Thera Claims…

by Nirmala Kannangara

Following the revelation of how the Chief Incumbent ship of Sri Abhayarama Temple Narahenpita had been obtained unlawfully by Ven. Muruttettuwe Ananda Thera deceiving the lawful Chief Incumbent Ven. Pathberiya Wimalagnaga Thero, it has now come to light how the ownership of the sacred Kalutara Bodhiya had been unlawfully obtained by a Trust that comes under a group of laymen.

Irrespective of the religion it had been a practice of all those who pass the Kalutara Bodhiya to deposit money in the tills, but how many of them know that all these contributions are taken by this Trust- Kalutara Bodhiya Trust headed by the famous De Soyza family members since 1951. As alleged by the legal Chief Incumbent of the Kalutara Bodhiya, Ven. Marapana Vijitha Thera, the money that is contributed by all devotees towards the temple is going in to the pocket of the Trustees.

According to Vijitha Thera Gangathilake Rajamaha Viharaya was established on that land well before the Kalutara Bodhiya was established. Later the British had got this converted to the Government Agent’s Bungalow and all the stone manuscripts belonging to the second BC era had been destroyed by the Englishmen and thrown in the adjoining Kalutara River. As there was no temple close by for the Buddhists to do their religious rituals, the then Malwatte Mahanayake Thera had written to Queen Victoria requesting her to release this land for the Buddhists to make it once again as a place of worship. Once this land was given back to Malwatte Chapter on the directives of Queen Victoria, the Mahanayake Thero had passed its ownership to Ven. Hedigalle Siri Vipulasisri Nayake Thero on February 1, 1947.  Since then it was Vipulasiri Thera who was in charge of this Buddhist centre up to the time the property was taken over illegally by Sir Cyril de Soyza in 1951.

“In Paravi and Kokila Sandeshaya, it clearly states how Prince Wickrama Pandya had visited Gangathilaka Rajamaha Viharaya and offered his wealth to the temple. There were many archeological monuments at Gangathilaka Viharaya premises where now stands the Kalutara Bodhiya. On February 1, 1947, the then Mahanayake Thera of Malwathu Chapter Ven. Rambukwelle Sri Sobhitha Thera had given the ownership of this Gangathilaka Viharaya to Ven. Hedigalle Siri Vipulasiri Thera through a sannasa. However Sir Cyril de Soyza the ‘philanthropist’ got this property on a 99 year lease from Sir John Kotalawela in 1951,” Vijitha Thera alleged.

According to Vijitha Thera, Sir John Kotelawala who was holding a responsible position in the then government was a good friend of Sir Cyril de Soyza and it was through this friendship this property was given on a 99 year lease dishonestly. “It is illegal to sell or transfer the ownership of properties that belongs to a temple. According to the Buddhist Temporality Ordinance, any property that belongs to the sasana cannot be vested under any one’s name or sell them. But being a Buddhist, Sir Cyril obtained this land for personal gains,” the Thera said.

The Thera further alleged how Sir Cyril, got the entire till collections to invest on his business venture the Associated Motor Ways (AMW) in early 1950s and even to date no one knows what is happening to the daily collection of this temple. “Whoever passes this temple contribute money in good faith but no one knows where this money goes. Does anyone know that there isn’t a single resident Buddhist monk in this temple? To my knowledge this is the only leading temple in the country that runs without a Buddhist monk. Even on Poya days, Buddhist monks from other temples are brought to conduct sermons,” Vijitha Thera added.

According to Vijitha Thera, all attempts made by Ven.Hedigalle Siri Vipula Thera from 1951 to get the respective Prime Ministers and then the Presidents of this country to release this land from the clutches of De Soyza family had fallen on deaf ears.

“All respective legal Chief Incumbents of Gangathilake Rajamaha Viharaya wrote to all leaders from Prime Minister D.S. Senanayake to President Chandrika Kumaratunga requesting them to intervene and get this sacred place released from De Soyza family who pretended to be ‘philanthropists’ but the attempts were not successful. Sir John Kotelawala who gifted all his properties to show that he too was a philanthropist, helped out his friend Sir Cyril de Soyza to obtain a sangika land committing a sinful act,” the Thera alleged.

Vijitha Thera said that he is puzzled as to why President Maithripala Sirisena when he came to the Kalutara Bodhiya to get blessings after completing one year in office on January eighth, gave another 99 year lease agreement for the temple to De Soyza family.

“I was told by the Malwatu Mahanayake Thera, that he had wanted President Sirisena not to get involved into sinful acts by giving lands belonged to the sasanaya to which the President had agreed before he left for the Kalutara Bodhiya on January eighth. But still the President was seen gifting the unlawful deed to the present Chairman of the Kalutara Bodhiya Trust Ajith de Soyza. The Minister who has allegedly signed this 99 year lease agreement died few days after he committed this sin. Like how the properties that belongs to the Temple of the Tooth is now being sold by its Diyawadana Nilame and how he is taking the till collections for his personal use, De Soyza family too is taking the money Buddhist devotees contribute towards the Kalutara Bodhiya,” Vijitha Thera alleged.

According to Vijitha Thera, the present members of the Kalutara Bodhiya Trust comprise of three members from De Soyza family. “They are the Chairman Ajith de Soyza, Secretary Thilak de Soyza and Ashan de Soyza. Thera are few more outsiders as well. According to the Buddhist Temporalities Act, all tills in Buddhist Temples should  be opened in front of the Buddhist Commissioner of the respective area or his representative. When there is such a law in the country, De Soyza family and their cronies open the temple tills and take the money. According to those who have worked at Kalutara Bodhiya, their daily collection exceeds hundred thousand rupees and on weekends it exceeds two hundred thousand rupees and on Poya days their collection exceeds three hundred thousand rupees. On special Poya days such as Vesak and Poson where many Buddhist devotees from all parts of the country visit this temple its collection exceeds more than five hundred thousand rupees. Since we know what has happened to this money we want this property vested under the Public Trustee and to handle its finances,” Vijitha Thera claimed.

All attempts to contact Chairman Kalutara Bodhiya Trust Ajith de Soyza or its Secretary Thilak de Soyza for a comment as there are allegations levelled against them,failed. However a message was left with Mr. Nishantha, Accountant Kaluthara Bodhiya Trust requesting him to pass the message to De Soyzas’ that this newspaper needs to get a comment from them but until the paper went to press, there wasn’t a response from De Soyzas.

 

 

 

 

Those Who Killed Media Freedom Still At Large

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by Ashanthi  Warunasuriya

Lasantha Wickrematunge and Thevis Guruge and Premakeerthi de Alwis and Richard de Zoysa and Mylvaganam Nimalarajan and Atputharajah Nadarajah

We have been talking about media freedom for a long time now. Many a time, those in power had tried to intimidate journalists through abducting them, and by killing them. Some journalists escaped from this merciless treatment, fled the country seeking refuge overseas leaving their loved ones in Sri Lanka. They sacrificed their whole lives for the fight against injustice.

Freedom of the press in Sri Lanka is guaranteed by the Article 14(1) (a) of the Constitution, which gives every citizen “freedom of speech and expression and publication”. Despite this constitutional assurance, widespread suppression of media, particularly of those who are critical of the government is quite evident in the country. Of the 180 countries listed in the 2014 Press Freedom Index issued from the Reporters Without Borders, Sri Lanka is at 165th position.

According to Freedom House, during the civil war in the island, Sri Lankan journalists had no freedom at all to expose the true situation of the country let alone expressing their opinions. They had also reported at that time that Sri Lanka was one of the most dangerous destinations for a journalist to function. During this period, many journalists were killed, assaulted and made to disappear. Between 1999 and 2011, 25 journalists had been killed in the island. No accurate reports are available regarding murders, assaults and other forms of intimidation against the media during the war period in Sri Lanka. However some of them are as follows:

Thevis Guruge, the Chairman of the State-owned Independent Television Network (ITN), was killed on July 23, 1989. Janatha Vimukthi Peramuna (JVP) was blamed for the murder.

Premakeerthi de Alwis, a broadcaster for the State-owned Sri Lanka Rupavahini Corporation, had been dragged from his house in Homagama and killed on the night of July 31, 1989. His murder was also blamed on the JVP. On the morning of February 18, 1990, Richard de Zoysa, a Journalist for the Inter Press Service, had been abducted by armed men from his home in Welikadawatte, Colombo. He was found dead the next morning on the Koralawella beach in Moratuwa – shot in the head and throat, his jaw, broken. De Zoysa is believed to have been murdered by death squads set up to kill JVP members and their supporters.

Rohana Kumara, Editor of the Satana newspaper, was shot dead in Pangiriwatte, Colombo on September 7, 1999. The newspaper had been critical of the government exposing personal and political scandals. Kumara had been harassed by successive governments. It was alleged that former President Chandrika Kumaratunga ‘shielded’ Kumara’s murderers.

Atputharajah Nadarajah, Editor of the Thinamurasu newspaper and EPDP Member of Parliament, was shot dead in Colombo on November 2, 1999. Thinamurasu is a newspaper published by the EPDP, a government backed paramilitary group. Nadarajah had been criticising the EPDP in the newspaper supporting Tamil militants.

Both Indika Pathinivasan, a camera assistant for the  Maharaja Television Network, and Anura Priyantha, a camera assistant for the ITN, both were killed by a suicide bomber at an election rally in Colombo on December 18, 1999.The bomb was reportedly aimed at former President Chandrika Kumaratunga by the LTTE.

Vasthian Anthony Mariyadas, a freelance radio reporter for the Sri Lanka Broadcasting Corporation, was shot dead outside St. Anthony’s Church, Vavuniya on December 31, 1999. Vavuniya was inside the government controlled territory at that time.

Mylvaganam Nimalrajan, a Journalist for the Virakesari newspaper, was shot dead at his home in Jaffna on October 19, 2000. Nimalrajan was one of the first journalists to write about the Chemmani mass graves. He had exposed vote-rigging and intimidation by the Eelam People’s Democratic Party (EPDP), a government backed paramilitary group, during the 2000 parliamentary election. Several EPDP members were arrested but no one had been brought to justice for Nimalrajan’s murder, reportedly, because of interference by the then government and the security forces.

Aiyathurai Nadesan, a Journalist for the Virakesari newspaper, was shot dead in Batticaloa on May 31, 2004. Nadesan had written several articles criticising the government and paramilitary groups. The Karuna faction, a government backed paramilitary group, was blamed for Nadesan’s murder.

BalanadarajahIyer (aka Sinna Bala), a member of the editorial board of the Thinamurasu newspaper, was shot dead in Wellawatte, Colombo on August 16, 2004. Thinamurasu newspaper is published by the EPDP, a government backed paramilitary group. The newspaper and its journalists were attacked by the LTTE on several occasions. Iyer had criticised the LTTE’s human rights abuses and had been threatened by the LTTE prior to his assassination. The EPDP and others had blamed the LTTE for Iyer’s murder.

Lanka Jayasundara, a photographer for Wijeya Publications, was killed in a grenade attack at a music concert in Colombo on December 11, 2004. The Temptation 2004 concert was criticised by Sinhala Buddhist extremists. They claimed it was held on the first death anniversary of the Buddhist monk, Most Ven. Gangodawila Soma thero. The Sinhala Buddhist extremists, including members of the ultra-nationalist Jathika Hela Urumaya, launched a violent protest against the concert.

On April 28, 2005, Taraki Sivaram, an Editor for the TamilNet news website, was abducted in front of a restaurant close to the Bambalapitiya police station by four men arrived in a white van. He was found dead the next morning in Himbulala inside a High Security Zone near parliament – he had been severely beaten and shot. Sivaram was a Tamil nationalist and critic of Sri Lankan security forces and para militaries. He had also been critical of Colonel Karuna Amman’s split from the LTTE. In 2000, an unknown organisation had issued threats against Sivaram and other journalists, claiming that they were traitors and spies. He had been branded as a “terrorist journalist” by the ultra-nationalist Jathika Hela Urumaya. Sivaram’s house had been raided by the police several times and pro-government media had accused him of being a spy for the LTTE. Sivaram had feared for his life, saying “My life is in serious danger.”

According to journalist D. B. S. Jeyaraj, Colonel Karuna may have personally murdered Sivaram. Arumugam Sri Skandharaja (aka Peter), member of People’s Liberation Organisation of Tamil Eelam (PLOTE), a government backed paramilitary group, was arrested, but the case against him was dropped. The case against Sri Skandharaja had commenced but later was postponed.

Relangi Selvarajah, a freelance journalist working for the State-owned Sri Lanka Rupavahini Corporation, and her husband Sinnadurai were shot dead in Bambalapitiya, Colombo on August 12, 2005. Relangi had hosted and produced programmes critical of the rebel LTTE at the behest of the EPDP, a government backed paramilitary group. She had been criticised by the LTTE several times for producing anti-LTTE programmes. Her husband was thought to have had links with PLOTE, another government backed paramilitary group. The LTTE was blamed for Relangi’s murder.

Subramaniyam Sugirdharajan (Sugitharajah), a journalist for the Sudar Oli newspaper, was shot dead in Trincomalee near governor’s secretariat on January 24, 2006. Sugirdharajan had provided photographic evidence to the media of the murder of five students by Sri Lankan security forces. The day before his death, Sugirdharajan had written an article in the Sudar Oli exposing abuses committed by the EPDP, a government backed paramilitary group, in the Trincomalee area.

Suresh Kumar (B. G. Sahayathasan) and Ranjith Kumar, two employees of the Uthayan newspaper, were killed on May 2, 2006. Armed men had come into the newspaper’s office and opened fire indiscriminately. The attack followed the newspaper publishing a cartoon ridiculing Douglas Devananda, the leader of the EPDP, a government backed paramilitary group. On the night of  July 1, 2006, Sampath Lakmal de Silva, a freelance journalist working for Sathdina, received a telephone call at his parents’ home in Boralesgamuwa, Colombo from a “Kumara,” (believed to be Army Corporals Warnakumara and Wijeyakumara). Upon leaving home, Sampath was abducted and the next day he was found dead in Dehiwala – he had been shot three times on the head and once in the chest. De Silva had written several articles critical of all sides, including corruption in the military intelligence unit and financial irregularities and internal disputes of the Janatha Vimukthi Peramuna and Jathika Hela Urumaya. De Silva was also believed to have had in his possession information linking police officers to several murders in Colombo and Avissawella. According to Srilal Priyantha, the Deputy Editor of Sathdina, de Silva had been abducted and tortured by army personnel in October 2005 after he had written an article about financial corruption of the military intelligence unit. Several people, including military personnel, had been questioned about de Silva’s murder but no action had been taken against them.

S. Sivamaharajah, publisher of the Namathu Eelanadu newspaper, was shot dead at his house in Tellippalai on August 20, 2006.

Namathu Eelanadu was considered pro-LTTEer and Sivamaharajah was a member of the Tamil National Alliance, a political alliance with links to the LTTE. Sivamaharajah’s house was inside the Valikamam North High Security Zone being controlled by the Sri Lankan military at the time and there was a regional curfew imposed at the time of the murder. Chandrabose Suthaharan (Subash Chandrabosw), editor of the Nilam magazine, was shot dead at his home in Thirunavatkulam near Vavuniya on April 16, 2007. His home was inside a government controlled territory and his murderers reportedly had spoken both Tamil and Sinhala.

Selvarajah Rajivarnam, a journalist for the Uthayan newspaper, was shot dead in Jaffna close to a military checkpoint on April 29, 2007. The EPDP, a government backed paramilitary group, was blamed for Rajivarnam’s murder. Sahadevan Nilakshan (Sahathevan Delukshan), editor of the student-run Chaalaram magazine, was shot dead outside his house in Kokkuvil on August 1, 2007. The murder occurred inside an area controlled by the Sri Lankan military and there was a curfew at the time of the murder.

Isaivizhi Chempiyan (Subajini), a broadcaster for the Voice of Tigers radio station, and technicians Suresh Linbiyo, and T. Tharmalingam were killed amidst dozens of bomb blasts; the Lanka Air Force dropped those bombs on the station in Thiruvaiaru near Killinochchi on November 27, 2007. The bomb blasts had rocked the area shortly before the station was to broadcast LTTE leader Velupillai Prabhakaran’s annual policy address.

P. Devakumaran, a Journalist for News First, was hacked to death in Navanthurai near Jaffna on May 28, 2008. Devakumaran is believed to have been murdered by the LTTE after criticising the LTTE in his reports.

Rashmi Mohamed, a journalist for Sirasa TV, was killed by a suicide bomber at the opening of a new United National Party office in Anuradhapura on October 6, 2008. The bombing was aimed at Major General Janaka Perera and is believed to have been the work of the LTTE.

Lasantha Wickrematunge, founding editor of The Sunday Leader newspaper was shot dead on January 8, 2009 in Colombo. Three days prior to this assassination, an editorial appeared in The Sunday Leader written by Wickrematunge predicts his own murder, stating “it will be the government that kills me.” Wickrematunge and his newspaper had been highly critical of the government and he had been attacked twice before and once machinegun fire carried out by a gang had sprayed his house. A number of people including 17 Army personnel were arrested for Wickrematunge’s murder but later released. To date, no one has been brought to justice for Wickrematunge’s murder.

Puniyamoorthy Sathiyamoorthy, a freelance journalist with links to the LTTE, was killed by artillery barrage in Theavipuram near Mullaitivu on February 12, 2009.

When talking about disappearances, Prageeth Eknaligoda’s disappearance is in the forefront. The well-known political journalist and cartoonist went missing on the January 24, 2010, just two days before the presidential polls. His wife is still waiting for her husband’s return. Many civil society organisations have also raised concern about this incident. Even though investigations commenced under instructions of the Yahapalana government, the process is slowing down at present.

When it comes to assault, astonishingly, there were many. The brutal manner in which journalists such as Keith Noyar, Poddala Jayantha, and Upali Tennakoon were assaulted will never be forgotten. All these incidents now provide ample topics for discussions, but nothing was done to make things right. Against this backdrop, several civil society organisations provide their comments on these incidents and the manner the present government take action in order to bring culprits to book.

“This government has taken some progressive steps regarding carrying out investigation into the assassinations, assaults and disappearances of journalists such as Lasantha and Prageeth. Minister Rajitha keeps on saying they will bring culprits to book, and Namal Rajapaksa has challenged him saying that nothing has happened. Although the government must take decisions based on political views, it should stand by its policies and defend it against any challenge. We must urge the relevant authorities to be more active in this respect. This is similar to the commissions that were appointed during the Rajapaksa regime. Civil society must unite to break this stand. Furthermore, forces inside the government must be further strengthened.

“Even a presidential commission has been appointed to look in to these reported atrocities against journalists and to take necessary action.  They too are carrying out their investigations. On the other hand, the CID has started separate investigations as well.

However, this can be described as one of the key accusations levelled against the previous government. Then government had been accused of orchestrating systematic attacks against journalists. Yet, the problem remains as to whether this government is genuine enough in their promises given to the people. As always, it seems as if nothing has been done apart from collecting names on a list after a street protest in this regard, said Editor of the Lankadeepa newspaper Siri Ranasinghe.

“Not even a journalist, but if anyone is murdered or abducted, proper investigations must be carried out to find the culprits. It is the normal procedure of the government to take steps to punish those who are involved in such activities. However, today the problem is the slow pace of these investigations. If the government is truly willing, then these investigations should be carried out very fast, and if the law is properly enforced there will be no problem,” he said.

The Professional Journalists Association (PJA) that has always raised its voice on behalf of journalists previously suggested that the President establishes a ‘truth commission’ regarding the matter. However, since nothing was done for a year, the organisation once again made the request along with a banner signed by various members of the public in support of the cause. The organisation is to remind the President on this matter once again. Many civil society organisations and trade unions have joined hands with the PJA on this matter.

Commenting on the undue delay in completing the investigations, the chairman of the PJA Lasantha Ruhunuge said:

“Investigations are going only into allegations against some well-known names. The terror that was upon media during the previous regime was unfathomable. There are some instances even a police complaint had not been recorded. We suggest that the government should not confine the investigations to several well-known names. We would request them to set up a commission to find the truth. It is only by punishing the culprits that the media freedom can truly be established. By letting them roam free, the journalists are prevented from coming forward to expose what is really happening in the country. Media freedom is not defined by making offerings such as laptops and bicycles. That is only going to make them look like dependants on government welfare. That is harmful to media freedom.”

Meanwhile, justifying the government’s position, Media Minister Gayantha Karunathilaka said investigations are being held, and pointed out that although there are many cases to be investigated the government has decided to quicken the pace of several well known cases. The Minister assured that there are no undue influences on these investigations. He further said the Yahapalana government is making sure that such atrocities are not repeated in future.”  However, the Presidential Commission must also be held responsible for the lack of progress in these investigations. Its secretary Lacille De Silva commenting on the issue said:

“Anyone found guilty of threatening or bringing pressure on those giving evidence before the Commission will be punished. Already a few witnesses, who provided evidence before PRECIFAC, pointed out that they had been either threatened or pressured not to give evidence before the Commission and that they had already asked its officials to initiate investigations into these allegations. As we have to complete on-going cases which need lengthy interrogation, we need the government to extend our term by another year.”

The State officials have placed the blame on others, and some others are just talking about it. We hope that the culprits be brought to justice soon. The failure to do so will even lead to collapse of the government.

 

Neighbour Takes Prasanna To Task

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by Camelia Nathaniel

A neighbour residing next to the Former Western Province Chief Minister/UPFA MP Prasanna Ranatunga, Ranjeevi De Silva, complains about being inconvenienced and harassed by the actions of the MP, who she claims is using his powers to intimidate and push his way around the neighborhood.

Ranjeevi had even on prior occasions complained and The Sunday Leader reported on the MP allegedly occupying the UDA land reservation adjoining the residence. According to her, the politico has forcefully acquired the reservation of UDA land in Perera Mawatha and after two and a half years of battle to acquire the land for his own personal use to park his vehicles which is located next to his property 700/108, Perera Mawatha, Thalawathugoda, also known as ‘Owita’ in plan 2560 and Master plan 1092A.

Since the loss of power by the Rajapaksa regime which was infamous for illegally occupying many properties and lands, Prasanna Ranatunga who was then the Chief Minister of Western Province and now opposition MP had moved to his newly-built house No. 700/108  Perera Mawatha, Thalawathugoda with his family around February 2015. His alleged harassment has been recorded in the Police many times since September 2013 and the story has been published in The Sunday Leader from 2014 onwards.

 

Prasanna Ranatunga

Turning a blind eye

“I have also made a complaint to the Human Rights Commission. Now he has taken over the reservation with huge gates and lights being installed, using the reservation to park his vehicles. His security detail being in the area of the reservation intimidates the new occupants in my house. The photographs clearly show the chairs being kept in the reservation for his security personnel and how his cars are being parked in the reservation. The registration numbers of vehicles that are parked there on a daily basis are CAJ 6337(PRADO), CAM 8182(NISSAN LEAF), XW 2732(MOTOR CYCLE) and BCU 6237. Police officer on duty at night also parks his vehicle (three wheeler) bearing registration no ABG 5112 at the reservation that belongs to the UDA,” she added.

According to Ranjeevi, Prasanna Ranatunga deliberately harassed her previous tenants by reportedly influencing the then OIC of Thalangama Police . The OIC had reportedly visited the premises without a search warrant and had entered the premises disturbing the occupants and causing distress

 

Harassment continues

“The politico made numerous complaints even after Yahapalana government came into power in 2015 to then OIC of Thalangama police Janaka Kumara regarding the CCTV cameras that were installed in my house and to remove them immediately. Police visited my house on a daily basis harassing me and my then tenants, causing distress and mental anguish. The OIC spoke to me over the phone and kept saying it is illegal to have the cameras facing my gate and the roadway leading to my house and insisted me to remove them.

“Even under the current ‘Yahapalanaya,  it is sad to note that none of the institutional heads have even bothered to stop Ranatunga from further  committing these acts or ever had any inquiry. Then National Water Supply and Drainage Board Chairman Hettiarachchi had requested a report from UDA but up to now nothing has been done about it even after I have made many visits to see him personally and given him letters,” charged Ranjeevi.

 

CCTV cameras damaged

She further alleges that one of her CCTV camera units were broken last year in one occasion by unknown persons when the camera system had not functioned.

Further she charges that the second time the CCTV camera unit was intentionally moved on January 20, 2016 with the intention of removing the illegal electricity wiring connection that was fixed on the road lamp post outside her house.

I had made recordings of the connection and I had handed over the tapes to the Ceylon Electricity Board and met the Chief Engineer of the Electricity Board and made a formal complaint. There is an unauthorised wiring connection taken from an existing CEB lamp post on the street and has been used to charge his car.

“I have already informed the CEB regarding this matter and have also given all the relevant video footage to them. His security detail seeing me video-taping the connection has removed the connection. A person whom I am unable to reveal until the investigations are complete, physically turned the camera away from the illegal connection on January 20, night at around 8.20pm. There is proof as such actions are recorded in my camera which I will be submitting to the FCID to have a full inquiry regarding this matter. Until such investigations are held I am unable to reveal such information and I am confident that FCID will take necessary action with this regard.”

“An incident that took place when I had called 119 on the 20th, Prasanna was screaming from the top of his lungs insulting me and calling me names. There were over 15 witnesses who were present at the time including two police officers from the Thalangama Police station. A statement was recorded bearing number 119 IB 136/115 (16/01/20).”

 

UDA’s lapses

However Ranjeevi is of the view that all this could have been avoided if the UDA had taken necessary steps to protect their land by fencing it and placing one of the UDA boards.  According to the previous owners of my house and neighbors, there had been a board installed by the UDA at the reservation which disappeared without a trace many years ago,” she added.

She further alleges that Prasanna has got a Deed of Rectification, Deed of Declaration and the Deed of Transfer for the Owita all on the same day on February 11, 2004. According to documentation, Prasanna has no road access to his property ‘Owita’ down Perera Mawatha, Thalawathugoda which was filled years ago and now built his private home. He has been living here since around February 2015.

 

Threat to life

Ranjeevi fears that her life is at stake and she has made numerous complaints of death threats made to her by Prasanna’s security.

 

No encroachment

Meanwhile, The Sunday Leader also contacted the former Chief Minister and current MP, Prasanna Ranatunge regarding these allegations and he claims that as the weather is hot, his security personnel and staff do sometimes park their vehicles under the shade of the trees on the reservation, which is in no way an encroachment.

“Moreover this lady has fixed her CCTV cameras pointing at public spaces, which is illegal and I have informed Parliament of this issue as well. There is a camera facing my entrance and she monitors all my movements which in fact a threat to my safety. She had made a complaint that someone had moved her camera and when the Police came to question me, I told them if she has the evidence, then let the Law take its course. After 6 pm there are two MSD officers and in the night the police security is deployed at my house. I told them to get the information from them as they are law enforcement officers. I have also made several complaints with the police regarding her cameras monitoring my movements, as she could be recording all my movements for some other unknown purpose. Her constant monitoring of my movements amount a threat to my life. The police had later warned her to turn her cameras away, but she did not comply, and I too just let the matter go as I did not want to make it a big issue,” said Ranatunge. With regard to vehicles being parked in the reservation the MP said that it is not a crime to seek shelter from the sweltering heat by parking under the shades of trees on the reservation. He added that the reservation is for all to use and there was no restriction for her to use this reservation either.

“It is only illegal to construct on reservation land and I have not done so. Parking a vehicle or seeking shelter under a tree on the reservation is in no way a crime. However this lady herself is the one who had earlier constructed a table and concrete chairs on the reservation and have had parties there. When the matter was reported, she removed the illegal constructions.”

On the allegations of an illegal electricity post being constructed the MP said that if she felt he was doing that, what she should have done was lodge a complaint with the Ceylon Electricity Board.

“I have no objection to the CEB coming and conducting an investigation, so they can determine if I have been tapping electricity illegally and take appropriate action.

“I don’t want to go down to her level. I am only making this comment as The Sunday Leader contacted me for a comment, otherwise I don’t want to stoop down to her level. Let the authorities conduct investigation and come to a conclusion. I suspect that she is tarnishing my reputation for some other political purpose. Therefore let the investigations be done and I will then address this issue legally,” added Ranatunge.

 

 

Money Laundering The CSN Way?

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  • Million Dollar Question The Rajapaksas Can’t Answer

By Nirmala Kannangara

Legal action taken by the Financial Crimes Investigation Division (FCID) against the Board of Directors of the Carlton Sports Network (CSN) over its failure to divulge the sources of funding that was invested in the Rajapaksa clan-managed TV network cannot be disputed, opine legal luminaries.

According to them, the FCID was in fact too late to arrest the Board of Directors of CSN on the alleged breach of the Prevention of Money Laundering Act No 05 of 2006, as there was substantial evidence to prove that CSN investments were made from monies of questionable sources.

Hence, it is alleged that this questionable money amounting to a staggering US$ 2.3 million had been earned through illegal means and money laundered in a foreign country by illegal means.
“As the Chief Executive Officer (CEO) of CSN, Nishantha Ranatunga and the rest including Yoshitha Rajapaksa and Rohan Weliwita have failed to divulge as to how they acquired such a magnitude of wealth to invest in CSN, it is the duty of the law enforcement authorities in the country to take legal action against the Board of Directors of CSN under the anti money laundering laws. When Yasara Abeynayake, a one-time Head of the CSN Channel was questioned by the FCID she spilled the beans on CSN, how its capital was obtained and who the unofficial ‘boss’ of this Channel is. When the FCID got all the computers and other accounts checked, the evidence they wanted to establish were found and it was based on this information, they arrested the CSN Board under the Prevention of Money Laundering Act. Hence why should anyone say it is a political revenge,” a Spokesman for the Bar Association of Sri Lanka (BASL) said.

 

Foreign jaunts

Meanwhile, Navy Spokesman Captain Akram Alavi said that Sri Lanka Navy is conducting an inquiry on Lt. Yoshitha Rajapaksa whether Navy Act had been violated but added that the investigation had to slow down after he was arrested last week.

Till the time of his arrest there was an ongoing inquiry. We were in the process of conducting the inquiry on Rajapaksa’s foreign tours without the Navy and Defence Ministry approvals and for his involvement in politics whilst in service. This is the preliminary stage of the summary trial and if found guilty for violating the Navy Act and depending on the severity, the punishment could vary. Either he will be demoted, his rank removed, dishonourably dismissed or could be court marshaled,” the Navy Spokesman said.

When asked what action would be taken if Rajapaksa find guilty for engaging in business whilst holding office at Sri Lanka Navy, the Spokesman said it all depends on the inquiry outcome. However he said that Rajapaksa had travelled overseas on more than 70 occasions from the time he joined the Navy but had not obtained the Navy Commander’s approval for 25 trips which has led to a preliminary investigation.

Meanwhile a reliable navy official on conditions of anonymity queried as to how Lt. Yoshitha Rajapaksa’s father – Kurunegala District MP Mahinda Rajapaksa could say his son is happy to be in prison rather than in the custody of the Navy where according to him, his son did not receive ‘any facility’.

“Mahinda Rajapaksa loved to tell the people that as navy personnel, his son was treated the same way like his fellow sailors. This is absolutely misleading. Senior Rajapaksa can fool the general public but he cannot fool us sailors who knew the reality,” sources said.

 

Yoshitha Rajapaksa and Nishantha Ranatunga and Rohan Weliwita

Best of facilities

The source further said that Lt. Yoshitha Rajapaksa was given the best of facilities at the Navy and added as to how he ‘discharged’ the duties as a navy officer by not reporting for duty most of the time. The sources further said that it was disheartening to see a senior navy officer- a Lieutenant Commander being appointed as Personal Assistant to Lt. Yoshitha Rajapaksa who was one rank below the Lt. Commander.

“Mahinda Rajapaksa is now talking as if he has forgotten everything. He brought down the honour of all navy officials. We as navy officers would like to ask the Kurunegala District UPFA MP as to who gave permission to Yoshitha to use a chalet in Trincomalee instead of staying with his fellow navy staff at the camp? Didn’t his father know this nor gave instructions to the Navy to provide his son the best of facilities? Who wanted the navy to appoint a Commodore to look into Yoshitha’s requirements whilst he was on training? Who gave permission to Yoshitha to use a separate navy vehicle and a driver?  Who gave permission to the Navy to appoint a Lt. Commander as Yoshitha’s personal assistant? Can Mahinda Rajapaksa tell the people as to whether his son took any active part in the war and whether he served in the operational areas during his regime or allowed the Lt. Son to be overseas or in the High Security Zones surrounded by the Presidential Security officers?” Navy sources queried.

Meanwhile, highly reliable sources from the Welikada Prison said how the five CSN officials were trying to get themselves admitted to the Prison Hospital but were not permitted.

 

Prison Hospital denied

“Up to now they were denied of their request but I don’t know as to what would happen in the next few days,” the sources said on condition of anonymity.

Although the CSN had an initial capital of Rs. 7 million that had been accounted for, the million dollar question is as to how they obtained US $ 2.3 million to invest in this TV network which now appears to have come from overseas. It led the team of investigators to come to the conclusion that the CSN was involved in money laundering.

 

Multiple laws violated?

Further investigations are now underway to ascertain whether the suspects had violated multiple laws including the Customs Ordinance No. 17 of 1869, the Penal Code (No. 2 of 1883) by engaging in creating forged documents, criminal breach of trust, criminal misappropriation and the Offences against Public Property Act (No. 12 of 1982) by engaging in the misuse of state properties.

As claimed by the Rajapaksas, if CSN was not a property owned by Yoshitha Rajapaksa, what made the former President to allow the CSN to operate an office at the Presidential Secretariat in Fort?

“After the defeat of Rajapaksas’ we found out as to how a section of the Presidential Secretariat was used as a CSN office. Later we found so many cassettes of CSN lying at this office at the Presidential Secretariat. In addition a fleet of vehicles assigned for the Presidential Security Division (PSD) had been used for CSN work,” Presidential Media Unit said.

Initially it was said that Cosmos Technology and Cosmos Printing which is owned by one time Mahinda Rajapaksa lackey Sajin Vass Gunawardena had invested Rs 50 million each from both of his companies, another Rs.52 million by Nimal Perera, Chairman of Pan Asia Bank, Rs.25 million by Chesmy Consolidates owned by Himal Lalinda Hettiarachchi and Ranganee Hettiarachchi son and daughter of Mahinda Rajapaksa’s elder sister and the rest of the Rs.50 million on a loan obtained  from Lanka Orix Leasing Company (LOLC).

Although the Rajapaksas had shown that it was Sajin Vass, Nimal Perera, Chesmy Consolidates and the LOLC loan that had provided the funding for CSN, giving evidence at the FCID investigations, Chairman of Pan Asia Bank, Nimal Perera had stated that Yoshitha Rajapaksa had once obtained a signed document from him but he had not invested any money as stated by the CSN.  It was also revealed as to how Perera had allegedly confessed to a UNP lawyer politician and Deputy Minister from Kalutara District that he had no option but to give a letter to Yoshitha Rajapaksa that he invested money in CSN in fear of white vans.

However it was revealed that LOLC had given the CSN a loan of Rs. 50 million and as they failed to pay the loan back, they have recovered the money from the guarantor – TPL (Pvt) Ltd which is a Singaporean Company. The signatory for the guarantor was the General Manager of TPL (Pvt) Ltd, Tiana Diyanthi Anthonis wife of Sajin Vass Gunawardena.

Although the Rajapaksas and their supporters claim that CSN is not linked to Yoshitha or has any connection to the Rajapaksa family, it has come to light how CSN network was registered at an address in Torrington Avenue, Colombo 5, where Mahinda Rajapaksa lived during 2001 to 2004 when he was the Leader of the Opposition.

Not only the CSN’s registered office is at No:260/ 12, Torrington Avenue, Colombo 5 but also Siriliya Saviya which is a non-governmental organisation (NGO) headed by former first lady Shiranthi Rajapaksa where another alleged financial fraud is said to have taken place amounting to several millions of rupees too had been registered in the same address. Furthermore, organisations directly owned and linked to the Rajapaksa family – Carlton Pre School, Carlton Sports Club and Namal Rajapaksa’s Tharunyata Hetak too have been registered in the same address at No: 260/12, Torrington Avenue, Colombo 5.This property of the said address was originally not owned by Rajapaksa’s but by businessman Prabath Nanayakkara. After Rajapaksa became the President of the country in 2005 this property had been bought over by Mary Laud Wickremasinghe alias Shiranthi Rajapaksa bearing National Identity Card no: 535233314V on April 5, 2013 for Rs.35 million.

 

Land misappropriated

The CSN office is located at 236/ 1, AB 15, Denzil Kobbekaduwa Mawatha, Kotte, a state land obtained for the Rajapaksa Memorial Educational, Cultural and Social Services Foundation headquarters. It was the then UNP government on December 3, 2003 by cabinet paper 10/ 8/ 1/ 602 released this land on the request of Mahinda Rajapaksa. Although the land was obtained for a social services purpose, it was later given to start the CSN Head Office.

CSN got their company registered on February ten, 2011 and commenced its operations on March seven, 2011. The Board of Directors consisted of  S. K. Dissanayaka, A. R. Fernando, Sandya Karunajeewa, Dinesh Jayawardena and Rohan Welivita. Welivita’s wife was the Personal Assistant to Shiranthi Rajapaksa at that time. Later Nishantha Ranatunga, the then secretary of Sri Lanka Cricket became CSN’s CEO.  The revenue CSN gained after obtaining the rights to telecast cricket matches is enormous. According to sources from Sri Lanka Rupavahini Corporation (SLRC), giving the telecast rights of Sri Lanka Cricket to CSN on unfair terms was a great loss to the institution.

“When the bids were called by Sri Lanka Cricket for TV rights to telecast all cricket matches played locally or internationally from 2012 to 2015, CSN was the only channel that presented bids for the rights. When SLRC paid Rs.143 million to broadcast 2011 Cricket World Cup but made revenue to the amount of Rs.556 million, the Sri Lanka Cricket (SLC) offered the broadcast right to CSN for a mere Rs.125 million for a three year period. Although they paid SLC only this amount it is said that they have earned over Rs.3,000 million revenue solely from advertisements during matches,” reliable SLRC sources who wished to remain anonymous told The Sunday Leader.

According to sources, although the government gave priority to state-owned media institution, after CSN was incorporated under the Rajapaksa regime the Cabinet had reportedly decided in 2011 to allow international cricket matches to be broadcast even on a private channel paving way for CSN.

“It was SLRC that broadcasted all international matches since the broadcasting regulations were introduced but with the 2011 cabinet decision, CSN got the broadcasting rights for three years at a stretch from 2012 to 2015 although earlier this right was awarded on a series by series basis. Anyone can argue that there is no wrong in awarding this right to CSN as no other TV channel had  send their bids but the SLC had to go through the past records, the performance of the bidder, its financial viability and audited accounts of the bidder before awarding such a critical bid. If there were no bids from any other party, SLC which is a public institution which is run by the tax payers’ money should have called for fresh bids and offered to the highest bidder. Instead of doing so, then SLC Secretary Nishantha Ranatunge who was also the Chief Executive Officer (CEO) of CSN offered the contract to a channel that had not even completed one year in business as Ranatunge was working for them,” sources alleged.

 

Navy bears CSN costs

Sources further said how the SLRC has given its transmission antenna at Karagahatenna and Sri Lanka Broadcasting Corporation (SLBC) tower at Deniyaya free of charge to CSN to telecast and broadcast its programmes. In addition they have erected their highest tower in close proximity to SLRC tower in Piduruthalagala and the CSN transmission station is within Sri Lanka Navy premises at Piduruthalagala. It was the Navy that had allegedly operated the station even after the fall of Rajapaksa regime. Earlier during the Rajapaksa administration, it was the Navy that had allegedly paid the electricity bill of this transmitting station but we are not aware as to whether the Navy still bears the electricity costs,” sources alleged.According to sources, CSN imported a satellite equipped Benz vehicle in the run up to the 2015 Presidential Election in order to telecast Rajapaksa’s election meetings live on TV.

“They also own an Outside Broadcast (OB) bus which cost between Rs 300- 400 million which was later found at a warehouse at Narahenpita together with a helicopter soon after the presidential election. If the Rajapaksas claim that they do not own CSN, then who are its true owners? These are all funded with black money and if found to be so they have to be charged under the Money Laundering Act,” sources added.

 

No answer from Namal

All attempt made to contact Hambantota District UPFA, MP, Namal Rajapaksa for a comment on CSN and his brother Yoshitha Rajapaksa’s involvement in CSN, failed as he did not answer the calls.

 

 

 


More Cases Against Gnanasara Thero Under Probe

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By Nirmala Kannangara

Several monks went on rampage at the Homagama Magisitrate’s Court on January 26 demanding not to remand Bodu Bala Sena General Secretary Galagodatthe Gnanasara Thera

Following the arrest of General Secretary of Bodu Bala Sena (BBS) Ven. Galagodatthe Gnanasara Thera on charges of contempt of court, the monk’s finances are being probed now by the law enforcement authorities.

The Homagama Magistrate issued the arrest warrant on Ven. Gnanasara Thera also for obstructing the court proceedings and threatening the State officials in addition to the charges of contempt of court

It is learnt that the Criminal Investigations Department (CID) has decided to investigate as to how Ven. Gnanasara Thera had accumulated his wealth within a short period of time.

Speculation is rife whether the BBS General Secretary went on a rampage at the Homagama Magistrate’s Court to get military officials, who were arrested in connection with the disappearance of senior journalist Prageeth Eknaligoda, released, to safeguard a onetime powerful State official alleged to have been involved in the incident, simply to pay the General Secretary’s gratitude for funding him.

“This powerful State official is alleged to have involved in Eknaligoda’s disappearance. It is said that it was this official who had given orders to the military intelligence unit members to kill Eknaligoda. Knowing that these military officers are now in remand prison and in the event if they spill the beans at an inquiry, this State official would be in trouble, Ven. Gnanasara Thera may have wanted to get these suspects released,” reliable police sources said on conditions of anonymity.

 

Quick money

According to the sources, it is questionable as to how Ven. Gnanasara Thera had made quick money and got several buildings constructed at his temple at Rajagiriya after he started working hand in glove with the former Rajapaksa regime.

“Those who can remember the days this monk lived in a small avasage (the place a Buddhist monk lives) in his temple in Rajagiriya a few years ago and the way it was transformed to a big temple after he stated working hand in glove with the Rajapaksas will understand as to how he earned a great amount of wealth in a short period of time. The old building in the temple was demolished and several buildings were constructed. This is not a big temple to get a bigger till collection. Since this monk is not involved in any businesses, the CID has to find out the source of income,” the sources alleged.

Meanwhile, it is also alleged Ven. Gnanasara Thera had allegedly gone on a rampage in Dharga Town, Beruwala and in Aluthgama in June 2014 on the instructions of this particular State official.

“Concrete evidence was there as to how Gnanasara Thera aided and abetted to unleash violence to attack Muslims and caused severe damages to their properties in Aluthgama. Although it is said substantial evidence was available to prove Gnanasara Thera’s direct involvement, the law enforcing authorities did not take any action to arrest the real culprits other than some ‘sprats’. Even the Department of Police was prevented from taking action against those who breached peace. Communal disharmony is a punishable offence and it is a non-bailable offence if the doer/s is proved guilty,” the sources claimed.

Following Ven. Gnanasara Thera’s rampage at the Magistrate ‘s Court Homagama on January 26, it is said that Prime Minister Ranil Wickremesinghe had ordered the Department of Police to reopen the Aluthgama case and to investigate it further and take legal action against the wrongdoers.

 

Aluthgama Violence

“Once the Aluthgama case is reopened, it will come to light who gave instructions to the BBS to unleash violence against Muslims. Upon the BBS request, it is alleged ‘permission’ had been granted to unleash violence. That was why the Rajapaksa regime did not take any action against the lawbreakers. Now with the Prime Minister’s instructions, it will soon come to light as to who was behind the Aluthgama riots,” the sources said.

Meanwhile it was reported that two suspects taken into custody for Eknaligoda’s disappearance had recently indicated that a powerful State official ordered Eknaligoda’s abduction and disappearance after the journalist published a booklet titled pavul gaha (family tree) in run up to the 2010 presidential election.

One of the arrested suspects who was a sergeant major attached to the military intelligence unit had told the investigators that he questioned Eknaligoda on this booklet and also on his close connection with former Army Commander Field Marshall Sarath Fonseka, the main candidate against Mahinda Rajapaksa.

However, with the CID’s plan to commence an investigation into who have funded Ven. Gnanasara Thera who leads a luxury life and travels in an expensive motor car, it will not take much time to expose how this monk got money and by whom. “Although there are allegations against this powerful State official that funded Gnanasara Thera, the CID will have to prove the allegation,” the sources claimed.

While refuting these allegations, Chief Executive Officer (CEO) BBS Dilantha Vithanage said they are ready to face any inquiry or investigation into how Gnanasara Thera got his vehicle and constructed the buildings at the Rajagiriya temple.

“I am not Gnanasara Thera’s spokesman; I am only talking about what I know. It was a 75-year-old Sri Lankan living in London who gave Gnanasara Thera the money from his fixed bank deposits to purchase the car that the Thera uses now. A strong UNP supporter, reputed businessman, donated the fund for the construction of the building at Rajagiriya temple. No one can say it was the Rajapaksa regime that funded the activities of Gnanasara Thera,” Vithanage said.

Vithanage further said Gnanasara Thera never wanted the military intelligence officers now in remand prison to be released but queried the Homagama Magistrate whether these officers cannot be given bail.

“The monk respects the military officers for safeguarding the country. If someone says the monk wanted to get these suspects released to protect a public officer in the previous regime, it is to mislead the public. The yahapalanaya government is creating issues,” Vithanage added.

According to Vithanage, if the police initiate any investigation into the fund that Gnanasara Thera obtained, the BBS will ask the same law enforcement authorities to conduct independent investigations into the ways certain politicians made money over the years.

“The law should apply equally to every one irrespective of their positions or statuses. For them Eknaligoda case is the biggest issue now. There are many cases that have to be re-opened. A senior minister in this government told us that Eknaligoda’s case is being investigated to show the international community that this government has started to look into all killings in the previous regime,” Vithanage claimed.

BBS Actions Raise Questions On Buddhist Discipline

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By Ashanthi Warunasuriya

The recent incident involving the General Secretary of the Bodu Bala Sena (BBS) organisation Ven. Galagodatte Gnanasara Thera has  become a  topic that has come up for discussion in society.

The case regarding the disappearance of veteran journalist Prageeth Ekneligoda, who  disappeared on 24h January 2010 is currently being taken up for  hearing at the Homagama Magistrate Court.  As it is a special  case, investigations  are being carried out by the Criminal Investigations Department (CID).  Together with the CID, Senior State Counsel Dilipa Peiris appeared on behalf of the prosecutor.  On the same day the six military intelligence officers who have been brought before the court for suspicion regarding their involvement in the disappearance, were represented by Senior Counsel Lali Kularatne, President’s Counsel Anil De Silva, and 10 other lawyers.

However, after charging  into the Homagama Magistrate Court whilst the court proceedings were on, Gnanasara thera  disrupted the proceedings.  The Thera was later arrested under the accusations of contempt of court and put in remand custody. Furthermore, due to his aggressive behaviour in  court  the Homagama Magistrate Ranga Dissanayake ordered the immediate arrest of Gnanasara Thera under the charges of contempt of court, obstruction of justice and threatening and obstructing the duties of law enforcement officers.

Accordingly the Thera was put in  remand custody until  February 09th.

Since then certain Buddhist monks have been protesting against this move and there have been some reported incidents where some monks have been trying to immolate themselves in order to save Gnanasara Thera.  Claiming that the real problem is with the government top brass, Gnanasara thera went to remand prison. However, the inappropriate behaviour and conduct of the  Buddhist clergy present on this occasion  was given much publicity both locally and internationally.  Many have claimed that there appears to be no difference between laymen and the monks in these instances.

Expressing his views regarding the incident, JHU Leader, Ven. Omalpe Sobhitha thera said “Buddhist monks must remember that they are different to laymen. They are bound by a set of disciplinary ethics and they must have different attitudes towards such matters. As members of the Buddhist clergy, we cannot approve this sort of behaviour. This was seen by people all around the world and it has shocked many Buddhists.”

The basic duty that is expected of a Buddhist monk, according to Buddhist teachings, is to engage in preaching the  Dhamma whilst protecting the discipline. Accordingly, Buddhist monks should first focus their attention on protecting their own discipline. Numerous objections were made against a move by the government to pass a Bhikku Kathikavatha bill.

However, due to unacceptable behaviour of various Buddhist clergymen the need for such legislation is pertinent. In such situations how should the members of the Buddhist clergy behave? Expressing his views on the subject, Senior lecturer of the department of Philosophy at the University of Kelaniya Ven. Kandegoda Wimaladharma thera said, “We tend to become aggressive depending on the situation. However, as Buddhist monks we must  behave in accordance with our culture. A monk cannot  move away from that discipline. It is true that whenever an issue of national and social importance arises it is the monks who come forward to protect the country. Politics is merely a part of that society. Buddhist monks are bound to advise the country’s rulers, and although some rulers have accepted such advice, others have rejected it. Furthermore, our youth tend to be aggressive. People do not wish to see aggression from Buddhist monks,  but being unenlightened men, we all tend to lose our temper. It was the same during the Lord Buddha’s time. A monk has to speak up whenever it is necessary. It is  important that the monks become more disciplined. There are various kinds of monks at present, and it is natural to have problems when Buddhist monks become politicised. However, we must understand that the monks are the guardians of the Sasana.”

At a time the discipline of the  Bhikkus has become a much talked about subject, the opinions of monks differ on the subject. The following are some of the comments made by several theros regarding the issue:

Ven. Bengamuwe Nalaka thera of the Patriotic Bhikku Front said, “Since 1983 we have been doing alot of things but  we have never  been accused of breaking the law or being subjected to  criticism.  We  would like to say that our work is going to become more successful only if we are well disciplined. It is not suitable in any circumstance for a Buddhist monk to act in such an aggressive manner that would cause disappointment among laymen. It can be used by our enemies as a weapon. We must keep that in mind. I am not going to accuse any Buddhist monk for behaving indecently. No matter how difficult  it is, a Buddhist monk must practice ways to control aggression. These monks have had only bona fide intentions and this is a case where we can see a loss of self-control.”

Next we sought the opinion of Ven. Dr. Dhammarathana Nayaka thera of Bellanwila Rajamaha Viharaya, who is a well-respected senior Buddhist monk. “The attitude of Buddhist monks towards representing the country in national issues must not be hindered. However, whilst doing this a Buddhist monk should also think  about his image. Discipline it the bed rock of a Buddhist monk’s character. There is nothing wrong in Buddhist monks coming forward to protect our war heroes but they should do it in a manner that would not harm their discipline or character. I am not going to talk about Gnanasara thero’s behaviour. It is a matter that must be discussed separately by the Sangha council. However, Buddhist monks should always act in a manner that would preserve their priesthood,” the Thera said.

“However, at a time  when there is a lot of discussion about Sinhala-Buddhism, it is important to prevent instances such as these that affect the good nature of priesthood. Buddhist monks have a key responsibility in properly identifying the teachings of the Lord Buddha and protecting the Sasana and the Dhamma. This is vital at present since respect for the saffron robe has not yet evaporated from our society,” the Thera added.

Ven. Ganthune Assaji Nayakathera, Mula Gandhakuti Nikaya said, “Buddhist monks cannot behave like youth. The Lord Buddha imposed disciplinary rules on monks in order to make their lives different from  that of  laymen. Thus the life of a layman is  different from that of a priest. However, we should not forget that Buddhist monks too are human beings  with human, physical and emotional characteristics. Therefore there may be instances where the monks act in an aggressive manner. This is common to both young and old monks. In this particular instance the aggression of monks is mixed with patriotic feelings and  the court has imposed a punishment for an offence. Therefore, we must look at this in a moderate manner. It is better if such things  did not happen. We often advice these young monks at Sangha councils to raise their awareness regarding these issues. We all know that despite being Lord Buddha’s brother in law, Devadatta could not find the right path. This is common to both priests and laymen. Currently, there are many politicians who are behaving in a disgusting manner in  parliament. Therefore, this is something that must be analysed carefully.”

When The Sunday Leader tried to get the opinion of the Asgiri chapter, the deputy prelate of the Asgiriya chapter Ven. Warakagoda Dhammasiddhi Anu Nayaka thera said that since the matter is scheduled to be taken up for discussion at the Sangha council, the opinion of the Asgiri Chapter would officially be announced after this.

Expressing his views regarding the matter, the registrar of the Ramanga Nikaya, Ven. Matale Dhammakusala thera said, “It is in not appropriate for the priests to act in the manner that laymen behave. According to Buddhist discipline, the monk should develop discipline in, mind, body and words. In this situation there may be various parties at fault. Who allowed these monks to go inside the court? In the past there were instances where Buddhist monks have been assassinated. I blame the disorganised social structure in this country. That is the main why  these types of incidents  take place. However, at a time when there is discussion about Sinhala-Buddhism, it is important to prevent instances such as these that affect the good nature of the priesthood. Buddhist monks have a key responsibility to properly identify the teachings of the Lord Buddha and to protect the Sasana and the Dhamma. This is vital at present.”

 

Mahindananda ‘Lands’ Himself In Big Trouble

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  • Houses, lands amassed by ex Minister and family results in legal action under Money Laundering Act

by Nirmala Kannangara

Mahindananda Aluthgamage… accused of a string of frauds

Following the arrest of Navy Lieutenant Yoshitha Rajapaksa on charges of money laundering, it is learnt that several other bigwigs of the former Rajapaksa regime are now on the list waiting to join him in prison for their alleged involvement in money laundering.

One of these is former Sports Minister Mahindananda Aluthgamage who is accused of a string of frauds reportedly committed from the time he became Health Minister in the Central Provincial Council in 1995 and later after entering parliament in 2000. The astonishing facts and staggering figures of corruption had first been revealed by none other than his wife who claimed compensation of Rs 500 million in a complaint lodged in the Commission to Investigate Allegations of Bribery or Corruption in 2013. However, the then Commission led by Justice Jagath Balapatabendi, a Rajapaksa lackey, never initiated an investigation against Aluthgamage as he was a confidant of the then President.

Highly reliable inside sources from the Financial Crimes Investigation Division (FCID) who wished to remain anonymous said that action had been taken to file legal action against Aluthgamage under the Money Laundering Act as there is substantial evidence against him.

Under the Money Laundering Act, a ‘B’ report has been submitted to the Colombo Chief Magistrate’s Court (Case No: B 22467/ 01/ 2015) against Aluthgamage. According to the FCID sources, Aluthgamage had been accused of purchasing a land of 20.85 perches at 66, Kuruppu Road, Borella for Rs 15 million although the value of the land stated in the deed was Rs 10 million. Aluthgamage and his wife allegedly own equal shares of this property.

Another 3.5 perch land had been purchased under Aluthgamage and his wife’s names for Rs 392,000 at 309 B, George E de Silva Mawatha, Kandy, and another 12 perch land at the same address for Rs 7.8 lakhs. Under the same address in Kandy another 18.3 perches had been bought for Rs 1 million.

Another property at 15/ 1, Chandra Wettasinghe Mawatha, Koswatte, Nawala, Rajagiriya had been purchased by Aluthgamage under his wife’s name. Although in the deed the value of this land is given as Rs 11 million for 15.57 perches, the transaction had allegedly been done for Rs 27 million.

A property at 15/ 31A, 3rd Lane, Chandra Wettasinghe Mawatha, Koswatte, Nawala, Rajagiriya has allegedly been bought for Rs 16.672 million, but the value of the property had been given as Rs  8.775 million in the deed. This property had been purchased under Aluthgamage’s wife and son’s names.

A house at No. 153 9/2 at Trillium Residencies had been purchased for Rs 28.5 million under Aluthgamage’s wife’s name while the property at 70/ 3/ 1, Kinsey Road, Colombo 7 had been purchased by the former Minister for Rs 27 million.

Aluthgamage, meanwhile, has stated that his brother, Wijeyananda Aluthgamage who is living in Japan had spent Sterling Pounds 320,000 to purchase a house under the names of his brother and sister-in-law. The former Minister has said that a bank account had been opened by them at the Singapore branch of a leading bank, depositing US$ 5.5 lakhs to facilitate the former Minister’s son who is doing his higher education in UK but had later withdrawn the money. When Aluthgamage’s brother had been questioned, he had stated that he purchased the house in the UK on the request of his brother – the former Minister, and he had obtained money from one of his friends to open the bank account in Singapore. He has promised the FCID he would furnish all details of his properties in Japan for further investigation.

According to investigations carried out, Aluthgamage has allegedly bought assets to the value of over Rs 90 million in his wife’s name. When he was questioned in 2013 regarding this and how he came to possess such a large amount of money since he had been a collecting officer at an insurance company in 1987 receiving a nominal salary until he entered politics, the former Minister had said that of the said money he had made Rs 50 million from selling his vehicle permits. According to him, from the time he entered parliament, up to 2013, he had received five vehicle permits which had been sold for Rs 50 million.

Speaking on the condition of anonymity, a legal expert from Kandy questioned how Aluthgamage could claim he had sold the vehicle permits he had received from the time he entered parliament when it was only the 2013 budget that allowed permit holders to sell their permits which had been prohibited earlier.

“This shows that the former Minister had sold his vehicle permits illegally by defrauding government taxes. All the assets he had declared were under his wife’s name. The CID is now carrying out investigations to find out what assets are in Aluthgamage’s name,” he said. He further said that while Aluthgamage was working for an insurance company in Kegalle, his wife had been working at Singer Sri Lanka in Kuliyapitiya.

“That was how they started their lives although they have amassed wealth after entering politics. It was Aluthgamage’s brother who lives in Japan that spent for his election for the Central Provincial Council. After he became the Provincial Health Minister he is alleged to have helped multinational companies to obtain tenders and that was how he started to accumulate wealth.”

Meanwhile, parliamentarian Ananda Aluthgamage told The Sunday Leader that he is surprised as to how Mahindananda Aluthgamage who is his first cousin is now claiming that his parents had cardamom estates and that he inherited wealth from his ancestors.

“Mahindananda can fool the people in other parts of the country but not those who are in Nawalapitiya and Gampola. His father who was my uncle was a politician and his mother was a teacher who led dignified lives not like Mahindananda. They did not have estates as to how he is now claiming and whatever the wealth Mahindananda now possess was bought from the money he ‘earned’ after entering into politics. As he is always claiming that he inherited wealth I challenged him to show the people whether he owned two acres of land by the time he entered into politics. If he proves I am wrong, I will resign from my parliamentary seat the same moment,” Ananda Aluthgamage said.

He further queried as to why Mahindananda worked at The Finance Company for a salary of Rs.1,200 and his wife for a Rs. 200 salary if he inherited such a large wealth from his parents.

“It is only the Muslim traders in Nawalapitiya and Gampola that own factories although Mahindananda claimed his father had a factory. Since he did not inherit such a wealth, it is up to the FCID to find out as to from where he got money to pay his wife Rs. 500 million as a divorce settlement. If proper investigations are carried out, he will certainly be charged under the Money Laundering Act. His son is studying at the South Wales University in England and when he was questioned by the FCID he had said that it was his brother who gave the money to educate the son. His brother Wijayananda claimes otherwise.” Ananda Aluthgamage alleged.

Many attempts by The Sunday Leader to contact MP Mahindananda Aluthgamage for comment failed. Although a text message was sent seeking a comment, there was no reply even at the time of going to press.

 

 

 

The Law Continues To Crawl In Weerawansa Saga

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by Nirmala Kannangara

Weerawansa and wife Shashi Weerawansa… ‘Some are more equal than others’?

The saying ‘all are equal but some are more equal than others’ appears to be a reality today when considering the alleged passport frauds of MP Wimal Weerawansa and his wife Shashi Weerawansa.

The husband and wife duo are accused of using fraudulent travel documents, but questions have been raised as to why the law enforcement authorities have not taken swift action against these two law-breakers and brought them to book. Would this inaction apply to ordinary citizens of this country as well?

According to Assistant Controller (Legal), Department of Immigration and Emigration, Lakshan de Soyza, using an inactive passport to travel overseas is an offence but the department does not usually take action against the passport holder as such cases are considered oversights. However De Soyza said obtaining a passport by producing forged documents is an offence and those guilty of this would face imprisonment of not less than two years and not more than five years. “In case of an attempt to travel abroad with an inactive passport, we ask the passport holder to bring the legal travel document. But if a person continues to do so, he or she will be dealt with severely,” De Soyza said.

Wimal Weerawansa was arrested by the Criminal Investigation Department (CID) in October last year for using an inactive travel document (passport) to leave the country. He was later given bail by the Additional Magistrate, Negombo.

According to De Soyza, the diplomatic travel document Weerawansa was in possession of while attempting to leave the country on October 23, 2015 had been inactivated earlier as the former Minister had obtained a new diplomatic passport claiming that he had lost the previous travel document.

“In such cases, when we issue another passport in place of the lost one, we inactivate the previous passport in our system. When Weerawansa produced this ‘lost’ passport to our counters at the Bandaranaike International Airport (BIA), the system showed that he was using an inactivated passport and he was asked to bring the legal passport,” De Soyza said.

De Soyza further explained how Weerawansa had come to the Department of Immigration and Emigration the following day with a copy of a police complaint made the same morning. Claiming the second passport too was lost, he requested that another new passport be issued.

“Our department once again issued another diplomatic passport to Weerawansa and requested him to get the visas stamped in the newest travel document. But he did not heed our instructions and once again tried to leave the country with the newest passport together with the inactivated passport since the visa was stamped in it. Since Weerawansa had violated the Immigrant and Emigrant Act, he was immediately arrested and handed over to the CID and was later produced before Additional Magistrate, Negombo, Thilakaratne Bernard where he was released on cash bail of Rs. 10,000 and two sureties of Rs. one million each,” De Soyza added.

Weerawansa’s wife, Shashi Weerawansa was also arrested by the CID in February last year on charges of obtaining a diplomatic passport fraudulently. She was accused of possessing two passports bearing two different dates of birth. No sooner the news spread that the CID was to arrest her for obtaining the diplomatic passport with forged documents, Shashi Weerawansa got herself admitted to a private hospital in Malabe where she was arrested.

Shashi Weerawansa had applied for the diplomatic passport in 2010 by submitting false personal information which was different to what appeared in her previous passport that expired on 24th May, 2009.

Although her birth and marriage certificates, copies of which are in the possession of this newspaper, carry her name as Ranasinghe Randunu Mudiyanselage Sheerja Udayanthi Ranasinghe and her date of birth as February 1, 1967, her diplomatic passport issued on September 13, 2010 carries her name as Randunu Mudiyanselage Shehasha Udayanthi and her date of birth as February 2, 1971.

Sheerja Udayanthi Weerawansa was issued the standard passport bearing No: N1284124 on May 24, 2004 giving the passport holder’s date of birth as February 1, 1967 and the National Identity Card (NIC) No: as 675320233V. The application number was N041308865 and the address was A/9 MP’s Quarters, Madiwela and her place of birth, Wellampitiya.

Mrs Weerawansa’s diplomatic passport bearing No: D3642817 had been issued on September 13, 2010 for a validity period of ten years. Contradicting with her first standard passport, in the diplomatic passport her name appears as Randunu Mudiyanselage Shehasha Udayanthi Ranasinghe and her date of birth February 3, 1971 and the NIC number 715344696V.

According to the birth certificate of Weerawansa’s daughter Wimasha Wishwadari which was issued on September 18, 2002 a copy of which is also in the possession of The Sunday Leader, the mother and father both had got their dates of birth changed on December 10, 2008 and March 28, 2011 respectively. Originally in their daughter’s birth certificate, the father’s date of birth was given as March 7, 1965 but had been changed to March 7, 1970 and mother’s date of birth as February 1, 1967 which had later been changed to February 3, 1971. Mrs Weerawansa had also got her name changed from Ranasinghe Randunu Mudiyanselage Sheerja Udayanthi Ranasinghe to Randunu Mudiyanselage Shehasha Udayanthi Ranasinghe on March 28, 2011.

“According to the Weerawansas’ daughter’s birth certificate, the parents’ dates of birth and the mother’s name had been changed following the legal process on December 10, 2008 and March 28, 2011. But how could Shashi Weerawansa obtain a diplomatic passport in 2010 under the name and date of birth which was legally changed only in March 2011? Misleading government departments with forged documents is a serious offence,” an official at the Registrar General’s Department told The Sunday Leader.

According to sources, Wimal and Shashi Weerawansa have misled and cheated the Department of Immigration and Emigration as well as the Department of Registration of Persons by producing forged documents to get a counterfeit NIC and passport. It is up to the respective departments to take immediate legal action against Shashi Weerawansa for misleading them which is an offence under the penal code.

De Soyza further said that Shashi Weerawansa’s case should come under the fraudulent document category since the personal details on both travel documents contradict each other although the photograph is of the same person.

According to Section 45 of the Immigrant and Emigrant Act No: 20 of 1948, any person who without lawful authority uses or has in his possession any forged, altered or irregular passport, has in his possession more than one travel document shall be guilty of an offence under this Act and shall on conviction be liable to rigorous imprisonment for a term of not less than two years and not more than five years.

With the law thus clearly stated, the delay in taking legal action against them is puzzling to say the least.

Be that as it may, Weerawansa and his wife have also been grilled by the Financial Crimes Investigation Division (FCID) as to how they have acquired four properties. A complaint had been lodged by villagers in Hokandara on May 5 and the ‘B’ report has already been filed in Kaduwela Magistrate Court (B 40/2015) on May 14 and the deeds of the lands in question have been obtained from the Land Registry in Homagama.

Attorney-at-Law Namal Rajapaksa who contested the 2015 presidential election has several questions regarding the Weerawansas’ wealth.  “How can an owner of a small telecommunication centre become a millionaire within a short span, after extending support to the former President Mahinda Rajapaksa, when his sole income was the ministerial salary and the other perks a government minister is entitled to? He owns a mansion worth over Rs.70 million at Mangala Mawatha in Hokandara South. From where did he get the money to construct two houses in Hokandara? Who gave money to Weerawansa’s wife so she could own a garment business? Where did the money come from for Shashi Weerawansa to own shares of a production house in Polwatte, Pannipitiya?” Rajapaksa queried speaking to The Sunday Leader. Rajapaksa says he is ready to prove the allegations against Weerawansa if proper investigations are initiated under the Money Laundering Act.

“Before extending his support to the Rajapaksas in April, 2008, Wimal Weerawansa owned only a small communication centre in Mawaramandiya. His wife’s family gave them money for their day-to-day expenses. Up to the time he defected from the JVP and extended his support to Mahinda Rajapaksa, he had to give his MP salary to the JVP funds. He was able to keep his salary for himself only after crossing over to the government,” Rajapaksa said.

The FCID has also filed a ‘B’ report at the Colombo Chief Magistrate’s Court (B 26907/03/15) against Wimal Weerawansa for allegedly misusing a sum exceeding Rs. 60 million by giving away houses to his family members from Mattegoda and Kahatuduwa Housing Schemes constructed by Ocean View Development (Pvt.) Ltd., which came under Weerawansa’s purview when he was the Minister of Housing in the former Rajapaksa regime.

Ocean View Development Company (Pvt) Ltd of No: 25, Ocean Tower Building, Station Road, Colombo 4 is a government owned construction company. Fifty seven per cent of its shares belong to the National Housing Development Authority and 43 per cent shares are owned by the Urban Development Authority.

The sale price of lot 16-D house of the Mattegoda Housing Scheme was Rs. 9.954 million, and the lot 10-B house was Rs.10.178 million. The sale prices of the Kahatuduwa Housing Scheme houses were lot 10-B4 Rs. 8.5 million, lot 5-B4 Rs. 8.5 million, lot 35-B3 Rs. 9.8 million, and lot 36-B2 Rs.10.2 million. No easy-payment scheme had been offered to pay for these houses and 10 per cent of the value of a house had to be paid to reserve one and after paying 75 per cent of the total value, the house could be occupied while the rest had to be paid on monthly installments within two years without any interest added.

However Weerawansa using his ministerial powers had given six of these houses to his and his wife’s siblings.

Out of these houses, lot 16-D had allegedly been given to Vadachcharige Hemasiri, Weerawansa’s sister’s husband. Lot 10-B had allegedly been given to Palleperuwa Gamage Ananda Priyadharshana, husband of another sister of Weerawansa. From the Kahatuduwa Housing Scheme, lot 5-B5 had allegedly been given to Hewa Geeganage Wathsala Kumarasinghe, Weerawansa’s eldest sister’s son’s wife, lot 10-B4 had been given to Isuru Tharangamala Muthu Ranaweera, Weerawansa’s brother’s wife. Lot 35-B3 had been allegedly given to Palathegedara Vasantha Rupasinghe, Shahsi Weerawansa’s brother’s wife, and lot 36-B2 was given to Priyantha Milinda Ratnayake, the Media Manager of the former President’s Media Unit and presently the Media Manager to the Urban Development Authority. This house had been given on the instructions of the former President’s wife Shiranthi Rajapaksa and is now under investigation.

Details of how these houses in Mattegoda and Polgasowita were not sold at the market value but were given away for a down payment of 10 per cent waiving off the balance secretly, have now come to light.

Meanwhile sources from the FCID said that with the appointment of the new Attorney General last week they are now in a better position to accelerate their course of action not only against Weerawansa but against many more politicians and public officers.

“There was a time when the Attorney General’s Department dragged their feet without giving us permission to take legal action. With the new Attorney General taking up duties, we are confident we can take action against those individuals.  In regard to Weerawansa, action could be taken against him for money laundering as he cannot explain how he acquired such a large wealth despite not having other businesses or inherited wealth,” sources claimed.

At the time of going to press, attempts made to contact Weerawansa had failed. Although a text message was sent seeking a comment, Weerawansa did not respond to it nor returned the call from this newspaper.

Weerawansa’s Coordinating Secretary Bandara however when contacted said he could not make any comment.

“When baseless allegations are levelled at our leader I cannot make any comment,” Bandara said.

 

The Big Stink And The Cover-Up

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  • Environmental groups accuse NWPEA and BOI of unethical conduct in relation to issuing EPLs to factories causing severe pollution

by Nirmala Kannangara

At a time when Environment Minister, President Maithripala Sirisena himself, is making a concerted effort to protect the environment, it is questionable as to why the North Western Provincial Environmental Authority (NWPEA) is issuing Environmental Protection Licenses (EPL) to factories that are disposing hazardous waste in a careless manner thus polluting the environment.

Environmentalists are also accusing the NWPEA of entertaining all factories that are rejected by other provinces due to violation of environmental laws. They further say that it is upto the Environment Ministry headed by the President to conduct an impartial investigation and find out why a certain official at the NWPEA is continuing to issue EPLs without considering the environmental impact.

“As a result of certain NWPEA officers taking bribes and allowing these hazardous factories to operate without considering the consequences, our people are suffering. We are inhaling contaminated air and drinking heavy metal contaminated water. Our one hope now is that the President will take action against public officers who can be bribed and close down all these factories not only in NWP but in all other provinces as well. Just as due to the use of hazardous pesticides kidney disease spread in the North Central Province, cancers are spreading in the NWP speedily,” a resident of Madampe said.

Meanwhile, questions have been raised as to why the Board of Investments (BOI) is in the process of accepting the EPLs that are issued by the NWPEA when these should rightfully be obtained from the Central Environment Authority.

Bhuwalka Steel Industries (Sri Lanka) Limited was first registered as a BOI venture on November 15, 1994 under Section 16 of the BOI Act. On May 27, 1998 it was registered under Section 17(2) in order to be eligible for tax benefits. The earlier license was cancelled on September 4, 1998.

According to BOI sources, this company had commissioned their operations on July 12, 2000 and their estimated investment was Rs. 658 million but their actual investment was Rs. 198.14 million. Bhuwalka had made yet another application to BOI on January 1, 2002 for their first expansion and had obtained approval on March 5, 2002. Although they obtained approval for their first expansion, the BOI is not aware as to whether they have started commercial operations to date. In that backdrop, Bhuwalka had sought BOI approval for a second expansion on August 15, 2008 but it had been rejected on April 24, 2009.

Bhuwalka manufacture steel bars for the local market by re-cycling waste iron collected from all over the country. Since the iron bars are made from waste rotten iron, the amount of residue – the slag (stony waste matter separated from metal during smelting or refining) is of large quantities and this is dumped in the 32 acre factory premises with no precautions whatsoever.

According to former Chairman, Chilaw Pradeshiya Saba, Jeewan Jude, when waste rotten iron is used to manufacture iron bars, the processing method releases large amounts of slag and fumes which are highly poisonous. “If these iron bars are manufactured with imported steel billets, the amount of slag and fumes are considerably low and they are less poisonous,” he said.

Although this issue had been taken up by environmentalists and residents in and around Madampe, neither the BOI nor the NWPEA had taken any action against this factory which has raised questions as to whether the NWPEA and BOI officials involved are being rewarded for their co-operation.

Meanwhile, defending his action of continuing to renew the EPL to Bhuwalka which has caused serious damage to the environment, Director NWPEA Saman Senanayake, the official responsible for issuing EPLs to all industries within the North Western Province (NWP), said that although such environmental impact occurs, the country needs to encourage investors to invest in the country. He accused the government of not providing suitable dumping grounds to dispose of hazardous waste from factories.

“At a time when the country needs to attract investors, those who have invested in this country will pack their bag and baggage and leave if we impose restrictions,” Senanayake claimed.

Although Senanayake is tasked with ensuring the safety of the environment, his concern does not seem to lie with protecting the environment but attracting more investors to the country which is the duty of the BOI.

Be that as it may, several tests were conducted by the Government Analysts (GA) Department which proved that the air and underground water resources were polluted with slag and fumes emitted by Bhuwalka. As a result, residents of Madampe in Chilaw are being deprived of clean drinking water and clean air. This newspaper is in possession of GA reports that confirm how the underground water has been contaminated with a heavy metal substance.

According to a supervision report dated March 18, 2012 this factory recycles nearly 145,000kg of waste rotten iron daily to manufacture 135,000kg of iron bars. Of this they dispose 8,000kg of slag daily. According to this report the slag disposed daily contains 184kg of lead, 8kg of mercury, 40kg of copper and 40kg of cadmium which is highly poisonous. Furthermore, the slag had been exposed to the rain which in turn led to chemical contamination of soil and ground water. The report further sates: “Since the drinking water resource Nelum Pokuna is situated 3km away from the factory, the waste disposal had directly impacted the drinking water springs in the area. The management of this factory was not concerned about the hazard of this slag and that they had no idea of safe disposal. Personal protective equipment were not used by workers”.

The report recommends that the factory should get technical support from a recommended institution for safe slag disposal and until such a system is established slag has to be stored without contaminating the soil and water. It further states, “The slag already dumped needs to be removed since it causes contamination of soil and water. All lorries waiting for unloading has to be parked under a shelter or has to be covered to prevent water collection. The system has also to be improved to prevent emission of fumes to the environment”.

“If there was an officer with proper knowledge of how such industries could cause grave environmental issues, EPLs wouldn’t have been issued. The NWPEA issues EPLs for personal gain and there are many such industries that were rejected from other parts of the country allowed to operate their businesses in the North Western Province. All such factories ‘look after’ this official at the NWPEA,” sources alleged.

According to the sources, the Chilaw Pradeshiya Sabha had not issued the trade license to Bhuwalka from the very inception  but interestingly, the NWPEA issued the EPL.

“To issue the EPL, the NWPEA should first see whether this factory was given the trade license. When the Pradeshiya Sabha refused to issue the trade license because Bhuwalka did not have a proper waste disposal mechanism, how could the NWPEA issue the EPL? Why did the BOI fail to look into all these aspects and stop giving their approval? This shows how irresponsible the BOI and the NWPEA are. It is similar to the Rathupaswala issue. How can we expect the Environment Ministry to protect the environment from serious impact when two government agencies have openly failed to carry out their duties by the country?”sources queried.

According to documents this newspaper is in possession of, the CEA had made several requests from Director (Environment Management) BOI, Shereen Perera to take prompt action against Bhuwalka but to no avail. According to these documents, after several reminders were sent, Perera had informed the CEA that this factory had not caused any adverse impact to the environment.

“When there are many reports to prove how this factory has caused severe impact to the environment, on what grounds did Perera say that there are no such impacts to the environment? We can say with no fear that certain officials in the BOI and the NWPEA are working for personal gain, sources alleged.

Meanwhile sources from the Consumer Affairs Authority (CAA) told The Sunday Leader how they seized a stock of steel products from Bhuwalka due to its low quality and for not complying with industry standard SLS 375.

The sources noted that the sale of sub-standard steel products to the local market is harmful to the country’s construction industry. As a result of these sub-standard steel products being made out of scrap metal, their prices are well below the quality steel products that made out of imported billets.

“As a result we found that Bhuwalka sell their finished products at an unbelievably low price and wanted them to take the SLS certification. At present we don’t know whether Bhuwalka steel has the SLS certification which is a must,” sources said.

However, Director Product Certification, Sri Lanka Standards Institute Mrs. H.G.S Suriyarachchi said that Bhuwalka obtained the SLS certification, after the CAA filed action against them.

When contacted by this reporter and asked whether the BOI had inspected this site and why an EPL was issued to Bhuwalka Steel Industries when they did not know how to manage waste without polluting the environment, Director (Environment Management) BOI, Shereen Perera said she was not authorised to comment. When reminded that she stands accused of blunders even by the Central Environment Authority (CEA), Perera said she does not accept any of the allegations and still refused to make any comment.

Director General BOI, Duminda Ariyasinghe too was not contactable.  Although a text message was sent to Ariyasinghe a week ago seeking a comment, he had neither responded with a comment nor returned our telephone call at the time of going to press.

Meanwhile Chairman CEA, Prof. Lal Dharmasiri said he too is puzzled as to how the NWPEA is issuing licenses when they do not have qualified and expert technicians.

“They do not have the required equipment or staff (expertise) to issue EPLs. The NWPEA says there are no legal provisions for us to interfere in matters pertaining to the North Western Province. This is a very sensitive issue and when an EPL is renewed, the factory must be monitored to see whether it follows the standard procedures. But we have received information as to how the NWPEA is issuing licenses without an evaluation which is a severe threat to the country’s environment,” Prof. Dharmasiri said.

However, Director NWPEA, Saman Senanayake accused the government of not providing proper dumping grounds and said that all these years Bhuwalka had been dumping the slag without causing any impact to the environment and since there was an issue last year, he withheld issuing the EPL. “As they were using crap iron, the factory released slag. I wanted them not to use scrap iron to make steel bars and to use billets instead. Your newspaper and another newspaper are always attacking industries in the NWP claiming that they pollute the environment. This is happening not only in the NWP but in other provinces too. Why don’t you highlight those industries as well?” Senanayake queried.

Chairman, Chilaw Pradeshiya Sabha Jeewan Jude meanwhile said that the trade license was not issued to Bhuwalka as they had violated environmental laws and their waste is dumped causing severe environment impact.

“The GA’s report clearly states that the water in the area has been contaminated with heavy metal,” Jude added.

However, Customer Relations Manager, Bhuwalka Industries, Rasika Jayaweera said that although the MOH Chilaw had got the GA’s Department to check the water and soil contamination, the reports Bhuwalaka had obtained from SGS and National Building Research Organisation (NBRO) clearly state that neither the water nor the soil had been contaminated.

“In order to issue the trade license, local and central government politicians wanted bribes from us promising not to disrupt our operations. When we refused to do so, supporters of a senior minister in the Puttalam District attacked our manager causing multiple injuries to him. We then filed a case against this politician which is before courts now,” Jayaweera added.

According to Jayaweera, since the reports they have obtained from SGS and NBRO have said that the slags do not cause soil and water contamination and they have been deprived of carrying out their operations over the past few months as the NWPEA has not renewed the EPL without the trade license, the company is considering  taking legal action against those who have stopped them from carrying out their business.

“This is unfair. Ours is not the only steel bar manufacturing factory in Sri Lanka. There are many more such factories and they have been given the necessary licenses but only we were not,” Jayaweera claimed.

Meanwhile, Environmental Lawyer, Attorney-at-Law Jagath Gunawardena said the BOI has to take responsibility for this situation as the BOI has to provide the EPL with the concurrence of the Central Environment Authority.

“Since this is an industry approved by the BOI, it is the BOI that has to give the EPL in concurrence with the CEA. These amendments to the Greater Colombo Economic Corporation (GCEC) Act under which the BOI has been established, were brought in 1992, four years after the 13th Amendment was enacted.”

“It does not mention the provincial environmental authorities, which means that the BOI is entrusted with issuing EPLs throughout the country only with the concurrence of the CEA. Therefore, the BOI has acted against their own Act by not getting concurrent approval from the CEA. Since the BOI provides EPLs to other industries in other parts of the country, why have they given up their usual procedure and allow the NWPEA to issue the licenses? The other important issue is whether the BOI or the NWPEA have taken any legal action against this polluting factory. If not, it is yet another violation of the BOI and NWPEA responsibility, Gunawardena said.

 

 

 

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