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The Bribery Commission yesterday filed a corruption case in the Colombo Chief Magistrate’s Court against former Chief Justice and former Attorney General Mohan Peiris, Court of Appeal Judge A.H.M.D. Nawaz and former LECO Chairman M.M.C. Ferdinando.

This is over an allegation that they conferred a wrongful or unlawful benefit, and favour or advantage on the perpetrators who had been accused of misappropriating funds belonging to Lanka Electricity Company (Private) Limited (LECO).

Accordingly, Chief Magistrate Lal Ranasinghe Bandara issued summons on the three accused to be present in Court on March 8.

The Commission to Investigate Allegations of Bribery or Corruption filed this case against the three accused under Section 70 of the Bribery Act. The Bribery Commission alleged that the accused had committed this offence on or around December 1, 2010, and December 30, 2010, while Mohan Peiris was serving as the Attorney General and A.H.M.D. Nawaz was functioning as a Deputy Solicitor General at the Attorney General’s Department. Third accused M.M.C. Ferdinando was the former chairman of LECO.

The Bribery Commission maintained that two committees appointed to look into the alleged misappropriation of funds at LECO had recommended instituting legal action against the perpetrators under the Penal Code for misappropriation and under the Bribery Act for corruption charges.

The Bribery Commission alleged that contrary to the recommendations made by two committee reports, former Attorney General Mohan Peiris and A.H.M.D. Nawaz had made recommendations not to institute criminal investigations against the perpetrators, in a manner of conferring a wrongful or unlawful benefit and favour or advantage to the perpetrators.

It is learnt that several complaints had been made regarding an incident of alleged misappropriation of Rs.260 million at LECO when purchasing properties to the LECO.

The Bribery Commission has listed 15 persons as witnesses and 19 documents as production items of the case.

Source : Daily News

If President Maithripala Sirisena still trusts Prime Minister Ranil Wickremesinghe, he has not read the report submitted by Presidential Commission of Inquiry on the controversial Treasury bond transactions, said Rajith Keerthi Tennakoon, Executive Director of the Campaign for Free and Fair Elections (CaFFE).

According to Tennekoon the Prime Minister has shown that he relies, not on impartial inquiry and independent investigations when making decisions on important matters but on verbal assurances given to him by his associates.

Tennakoon said that the report of the PCoI states that 'the question of whether or not the fact that, Mahendran was not a citizen of Sri Lanka precluded him from being appointed the governor of the CBSL was not a Question of Law. Instead, it was a value judgment, which had to be made by those who considered the wisdom of appointing Mahendran, who was not a citizen of Sri Lanka, as the Governor of CBSL.

 "So it is obvious that the Prime Minister made an erroneous value judgment. He made this decision despite the fact that a number of the most senior cabinet ministers had objected to the appointment. The cabinet Spokesperson Minister Rajitha Senaratne continuously states that he opposed the decision until the Prime Minister requested him to trust his judgment and not to intervene in his decisions. The erroneous value judgment of the Prime Minister has cost the nation over Rs 11 billion," Tennakoon said.

The CaFFE Executive director added that when the Prime Minister was aware that, Arjuna Mahendran had a conflict of interest, when he was appointed the governor of the CBSL, as his son in law Arjuna Aloysius was in charge of Perpetual Treasuries.

The report states that the Prime Minister 'has directed that Mahendran must ensure that, Mr. Arjuna Aloysius resigns from all positions he held in Perpetual Treasuries...Mahendran has repeatedly assured the Hon. Prime Minister that, Aloysius 'would not under any circumstances play any role in the business activities of 'Perpetual Treasuries. It appears that the Hon. Prime Minister has relied on those assurances given by Mahendran.'

Tennakoon states that the report adds that the confidence which the Prime Minister has placed on Mahendran was misplaced. The commission states the prudent course of action would have been to independently verify whether 'Mahendran was honoring the assurances he gave the Prime Minister. We regret that the Hon. Prime Minister did not take this course of action.'

"Is this the kind of person we can continue to have as the Prime Minister of the country? The report shows that he was not only mislead by Mahendran but also by a number of other officials. This is a man who has made a series of terrible mistakes. Anyone can make mistakes, but these are mistakes that could have been easily avoided because a lot of people were trying to show the Prime Minister what actually transpired. But alas, Wickremesinghe continues to be stubborn as ever and it’s up to the President to decide whether he can entrust the management of this country t such a man,” Tennakoon said.

Executive Director of CaFFE and Center for Human Rights and Research Rajith Keerthi Tennakoon in statement today said that ever since the Presidential Commission of Inquiry (PCoI) into the bond scam commenced its operations, a lot of focus has been on the relationship between the Prime Minister and this controversial transaction. He also said that the report of the commission, which has been made available to the public, has now shed more light into this relationship.

The statement further says,

We have noted that a number of parties, with vested interests, are attempting to protect Mr. Wickremesinghe, although the report has clearly demonstrated that the Prime Minister has made colossal wrong value judgments and that he would rather believe in the words of his lackeys than the facts presented by well-meaning critics. With this document CHR/CaFFE attempts to demonstrate how the Prime Minister’s actions violate the United Nations Convention Against Corruption.
Given below are several articles of the convention which has been violated by the treasury bond scam and the lukewarm attitude of the Prime Minister.

Article 17. Embezzlement, misappropriation or other diversion of property by a public official.

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.

The Commission is proved that Mr. Mahendran as the Governor has intentionally embezzled and misappropriated public funds according to the above article.

Article 19. Abuse of functions

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the abuse of functions or position, that is, the performance of or failure to perform an act, in violation of laws, by a public official in the discharge of his or her functions, for the purpose of obtaining an undue advantage for himself or herself or for another person or entity.

Article 19 gives us an avenue to find the connection between Mr. Mahendran’s Freud and negligence behavior of the PM.

CaFFE like to compare above clauses with findings of chapter 26 of the commission report: on PM’s responsibility:

1. Appointment of Arjuna Mahendran as the Governor of the Central Bank; Commission found that the PM recommended the president to appoint Arjuna Mahendran

2. On the issue of appointing Arjuna Mahendran’s, the commission states that 'the question of whether or not the fact that, Mr. Mahendran was not a citizen of Sri Lanka precluded him from being appointed the governor of the CBSL was not a Question of Law. Instead, it was a value judgment, which had to be made by those who considered the wisdom of appointing Mr. Mahendran, who was not a citizen of Sri Lanka, as the Governor of CBSL.’

3. On the issue of Governor changing the bidding procedure; the Commission found that PM gave only instructions but governor changed it unilaterally

4. On the issue of conflict of interest between Arjuna Mahendran and Arjuna Aloysius, the Commission found that ‘Mr. Mahendran has repeatedly assured the Hon. Prime Minister that, Mr. Aloysius 'would not under any circumstances play any role in the business activities of 'Perpetual Treasuries. It appears that the Hon. Prime Minister has relied on those assurances given by Mr. Mahendran.' The commission further states the prudent course of action would have been to independently verify whether 'Mr. Mahendran was honoring the assurances he gave the Prime Minister. We regret that the Hon. Prime Minister did not take this course of action.'

5. On the issue of Pitipana commission the Commission found that the that 'the members of the Pitipana Committee did not possess technical knowledge or practical knowledge in the considerably complex arena of Government securities and Public Debt.

6. Commenting on the statement made at parliament by the PM stating that “Mahendran did not interfered with the auction,” the PCoI states that the PM should have been made this statement with better advice and that Arjuna Mahendran and deputy Governor Sumanasiri misled the PM. The Commission believes that PM should have independently verified what has happened at the CB, before making such a statement.

7. On the issue of allowing Arjuna Mahendran to continue with the position after first reporting of allegation on malpractice the Commission found that this would have been different if the Committee appointed to investigate the events comprised of competent, proper and knowledgeable members

8. Although the Commission does not pass any judgments on the Prime Minister, for obvious reasons, it is clear that the President must no longer trust the judgment of Mr. Wickremesinghe.

Analysis:

 1. It is the evidence that Arjuna Mahendran as the governor of CBSL intentionally embezzled and misappropriated public funds for his benefit and/or for the benefit of another person, where public funds and/or securities of value entrusted to Arjuna Mahendran by virtue of his or her position.

2. Recommendation 17- We have determined that government of SL suffered an avoidable loss as a direct result of Mr. Mahendran’s intervention in the treasury bond auction held on 27th February 2015 as he instructed both the PDD and the tender board that bids to be value of Rs. 10 Billion must be accepted at the auction. Thus we have determined that Mahendran is liable and responsible for this loss.

3. Recommendation 20 - perpetual trustees obtained and used inside information at the Treasury bond auction on 29th March 2016

4. Recommendation 21- perpetual trustees has made the major part of its profits by using inside information and by market manipulation in the secondary market.

5. Recommendation 19 – Recommend Bribery commission to investigate whether the aforesaid acts of behavior amounts to acts of corruption.

6. According to the definition on abuse of functions under UN convention against corruption the role of PM is amounting to an intentional failure to perform a duty in diligent manner when the CBG’s abuse of his functions and/or position, to manipulate performance in violation of existing laws, for the purpose of obtaining an undue advantage for himself or herself or for another person or entity was obvious.

7. As the Commission outlined PM overlooked illegal performances of the CBG not once but twice. It is on the concurrence of the PM, the CBG was appointed. He defended the CBG at the parliament not once but thrice (first by issuing a statement, and during COPE -1 and COPE -2 investigations). He also appointed an incompetent committee to put the matter under the carpet. Thereby the PM misguided and misdirected the parliament and the public in order to allow CBG to continue with his malpractices.

8. The PM finally even resisted to the decision of the President to remove CBG from his office.

9. It should be the final conclusion of a prudent person that the PM has failed to perform and/or discharge of his duties and functions as the Minister in charge of the CB, for the purpose of obtaining an undue advantage for himself or for another person or entity.

10. We would like to stress that although there is no legal offense committed under SL laws, it is an offense under the international convention against corruption.

11.Nevertheless this behavior amounts for breach of social contract PM is having with its people as well as violation of good governance principles; Transparency, responsibility, Efficiency as well as responsiveness.

Thus CHR/CaFFE ponders whether the President must trust the PM’s judgment on the governance of the economic affairs of the country.

A fundamental rights petition was filed in the Supreme Court demanding the cancellation of the gazette notifications from the Ministry of Finance that reinstated the ban on women to work in bars and purchase alcohol.

 In what many see as a discriminatory move towards women, President Maithripala Sirisena reversed a decision by his finance minister, Mangala Samaraweera, to allow women to buy alcohol for the first time since 1955.

The petition has been filed by Nishanthi Bandaranayake, M. Fernando, Samanalee Fonseka, Chandima Ravini Jinadasa, Deepanjalie Abeywardena, Sabrina Esufally, Sharanya Sekaram, Randhula de Silva, Menaka Galgamuwa, Sujatha Gamage and Visakha Perera Tilakaratne.

11 Petitioners, all female citizens of Sri Lanka and above the age of 21, have called this prohibition “a draconian measure that was arbitrary, irrational, unreasonable and discriminatory to female citizens of the country.”

 Minister of Finance Mangala Samaraweera, Secretary to the Treasury Dr. R. Samaratunga and the Attorney General as respondents.

 The Petitioners state that the promulgation of the said Excise Notification 02/2018 resulted in the revocation of an arbitrary, unreasonable and discriminatory prohibition imposed against female citizens of the Republic.

The Petitioners argue that it “gives rise to a reasonable apprehension regarding an imminent infringement of the Petitioners’ right to equality and equal protection of the law guaranteed to them by Article 12 (1) of the Constitution, in as much as-

(a) Any revocation of the said Excise Notification marked “P3” would be unreasonable.

(b) Any such measure would deprive the members of the female gender who have attained the requisite age specified by Law from being lawfully employed at places of production and sale of liquor.

(c) Any such measure would deprive the members of the female gender who has attained the requisite age specified by Law from lawfully purchasing liquor which is a legal product that can only be manufactured, distributed and sold with the express regulation and control of the State.

(d) An imposition of a prohibition applicable to members of only one gender would tantamount to an unequal treatment of the members of such gender.

The Jaffna International Trade Fair, the multi-faceted gateway to the North that will bring together traders and businesses, is to take the Northern peninsula by storm from January 26- 28.

The Trade Fair being held for the 9th time is geared to be a ‘one stop shop’ for businesses in the rapidly developing Northern peninsula. The fair will house around 350 stalls covering a plethora of products and services.
Attracting an average of 60,000 visitors each year, the event will have over 2,500 products on discount with entertainment and activities for all age groups. An amusement park with a children’s play area, a wide range of stalls with food and beverages and an hourly raffle draw with an array exciting prizes are on offer.

A special delegation from the Associated Chamber of Commerce in India will also take part in the trade fair this year. They will explore trade and investment opportunities the Northern peninsula.

The Trade Fair is organized by Lanka Exhibition & Conference Services (Pvt) Ltd (LECS) in association with the Chamber of Commerce and Industries of Yarlpanam (CCIY) together with the support of the Jaffna Municipal Council, the Sri Lanka Convention Bureau and International Business Council, The event is endorsed by the Ministry of Industry and Commerce, Consulate General of India in Jaffna, National Chamber of Exporters and ASSOCHAM of India.

The report of the Presidential Commission which investigated the treasury bond scam and the report on the commission which investigated large scale fraud, were presented to Parliament today.

It is reported that former Finance Minister Ravi Karunanayake has not been implicated in the controversial bond transaction that was investigated by the Presidential Commission.

 According to reliable sources, the commission has put forward only two recommendations pertaining to former Minister Ravi Karunanayake.

Charges of Bribery?

The Presidential Commission recommends the Commission to Investigate Allegations of Bribery or Corruption to investigate further whether the former minister derived certain benefits from the lease payments made by a company owned by Perpetual Treasuries.

"As stated in earlier in Chapter 24, we recommend that the Commission to Investigate Allegations of Bribery or Corruption should consider whether Hon. Ravi Karunanayake, MP, while he was Minister of Finance, derived a substantial benefit from the lease payments made by Walt and Row Associates (Pvt) Ltd (which is an Associate Company of Perpetual Treasuries Ltd and which is owned and controlled by the same persons who own and control Perpetual Treasuries Ltd) for the lease of apartment occupied by Hon. Ravi Karunanayake, MP and his family and, if so, determine whether appropriate action should be taken against Hon. Ravi Karunanayake, MP, under the Bribery Act."

Allegations of perjury?

The Presidential Commission also recommended that the Attorney General inquire into the veracity of the statements given by the former MP to the Bond Commission and if found to be guilty, to prosecute the former minister under Section 179 and or Section 188 of the Penal Code.

"As stated earlier in Chapter 24, we also recommend that, the Hon. Attorney General and other appropriate authorities consider whether some of the evidence given by Hon. Ravi Karunanayake, MP before us is shown to have been incorrect and, if that is the case, whether Mr. Karunananayake should be prosecuted under Section 179 and/or Section 188 of the Penal Code or other relevant provision of the Law, read with Section 9 of the Commissions of Inquiry Act No. 17 of 1948."

Former Minister Karunanayake, during his questioning at the Bond Commission, denied any intimate knowledge of Arjun Aloysius and said he had met him "once or twice at family gatherings".

However, evidence unearthed during the proceedings of the Bond Commission revealed that former Minister and his family had spoken to Arjun Aloysius over 750 times in total during the period February 5, 2015 to June 20, 2017.

Section 179 of the Penal Code

Section 188 of the Penal Code relating to 'perjury'

Speaking at a public rally in Embilipitiya recently the leader of the Janatha Vimukthi Peramuna, Anura Kumara Dissanayake accused Sri Lanka Podujana Peramuna stalwart Basil Rajapaksa for being a businessman rather than a patriot.

“It is like the shops that come in for festivals near Pandols,” he said adding that the shops are only present as long as the Pandal is attracting the crowd which in turn means more business for the shops. “Once the Pandol lights go out the shops return to where they came from,” he said equating that to Basil’s and Gota’s trip to and from Sri Lanka.

“When Mahinda is President Basil comes to the country and when he isn't in power he returns to the US” he pointed out. “Are these patriots who have come to save the country?” he questioned.

Finance and Media Minister Mangala Samaraweera has labelled the reinstatement of the ban on women purchasing alcohol and working in liquor shops as a ‘tribal decision’. However, the Gazette which revoked the ban is to be cancelled respecting the need for unity within the cabinet the Minister said.

The Minister is said to have made these comments during the cabinet meeting held yesterday (16) as a response to the decision taken by the cabinet to cancel the two gazette notifications revoking the ban.

Reports claim that Ministers Rajitha Senaratne, Patali Champika Ranawaka and Dayasiri Jayasekara had highly criticized the gazettes claiming that it undermines the drugs prevention programs launched by the Yahapalana government while being unsuitable for the country’s culture.

However, responding to them Minister Samaraweera had stressed that these archaic laws regarding women were revoked through the gazette according to the policies of the yahapalana government and the constitution of the country while not with the intention to promote alcoholism.

Don't the people in the JHU eat and drink? - Deepthi

Meanwhile recently speaking to ISIS news Deepthi Kumara Gunaratne of the Sri Lanka Frontline Socialist party said the mania to look at alcohol and other related issues in a moral angle was introduced to Sri Lanka in the 90’s by the Jathika Hela Urumaya (JHU) bringing in to question if the party members are those who do not eat and drink.

“The JHU leaders eat, drink and enjoy themselves while presenting themselves for these things in the thinking that villagers are uneducated,” he said adding that as new rulers come into power in the 21st century these ideas will be made redundant.

Is the 2017-2021 National Action plan for Human Rights a joke?

Meanwhile also sharing their views several human rights activists said the incident has brought to light many contradictions that exist within the current government. While presenting examples they especially pointed out the ‘2017-2021 National Action plan for Human Rights’ presented by President Sirisena.

The third chapter of the plan and in its pages ranging from 39 - 65 speaks of Women’s issues while promising that ‘Laws will be imposed to ensure that in all workplaces including private firms the right to work in spite of one's sex, race, sexual orientation’. However, they pointed out that the cabinet has now worked against its own policies.

Has the President forgotten?

While the President issuing a statement in this regard had promised to enforce the action plan in the Sri Lankan society to secure and develop rights of all Sri Lankans while bringing it in to force in the next five years it appears he has forgotten this the activists pointed out.

PM has also forgotten!

The PM too had said to ensure the action plans success all ministries and connected organizations should work in a timely manner and do everything possible to support the cause. However, the activists now question if the support needed by a Ministry to ensure this action plan has been supported by him.

 All talk and no action

According to these activists, the government has given people verbal and written promises through such measures but has now proved that they are incapable of carrying these out.

Prime Minister Ranil Wickremesinghe yesterday informed the membership that they should not criticise President Maithripala Sirisena in public for any reason.

Presiding over a UNP Working Committee meeting, the Prime Minister informed the party membership to contact him if they had any problems.

He said politicians belonging to the party including all Ministers and Parliamentarians should refrain from criticising the President whatever crisis existed politically.

At this meeting, it was emphasised that the Bond Commission report had been used to sling mud against the UNP. Deputy Minister Dr. Harsha de Silva pointed out that Perpetual Treasuries Ltd had earned unconscionable profits by purchasing bonds and selling them to the EPF.

Education Minister Akila Viraj Kariyawasam said a programme should be devised to educate the public about the Bond issue.

Minister Harin Fernando who explained UNP plans to win the local elections in the Uva Province said the UNP could not allow others to dance the merry devil after winning power through a long and protracted political struggle.

Some members pointed out that the SLFP seniors such as Susil Premajayantha and Dilan Perera had been directly targeting the Prime Minister in their criticisms.Deputy Minister Ranjan Ramanayake said correct information should be given to the people if there had been any fraud involving the Bond issue.

All Parliamentarians were also advised to get directly involved in the UNP election campaign both in their electorates and other areas in the country.

The behaviour of certain media institutions in targeting the Prime Minister also came up for discussion and it was decided to take appropriate action against such unfounded criticism.

Source : Daily News

Polonnaruwa district MP and former Deputy Minister Siripala Gamlath’s eldest daughter Ranjala Gamlath Illeperuma passed away yesterday (16) morning. She was said to have contracted Dengue. She was a mother of two and 35 years of age at the time of her death.

She had passed away while receiving treatment for Dengue at the National Hospital in Colombo. Ranjala is a graduate of Monash University specializing in Interior Design.

She mortal remains now lie at her residence in Polonnaruwa.

In an apparent effort to suppress public criticism of Sri Lanka dragging its feet on constitutional reforms, election authorities have unsuccessfully tried to ban a public meeting with international participation in the Tamil speaking northern town of Jaffna.

In letters sent to administrators of two venues, election officials have demanded the banning of a conference organised by the Tamil People's Council (TPC) in the run-up to the local government polls to be held on 10 February.

The TPC meeting to discuss constitutional reforms was initially planned to be held at the University of Jaffna with Professor of Law at the National University of Singapore Muthucumaraswamy Sornarajah as a key speaker.

Sri Lanka election commission has requested university authorities not to allow a political meeting to be held in the Jaffna campus.

“Political discussion is likely to be beneficial to certain parties and damaging to others,” says the letter to Jaffna university vice-chancellor by Director General Elections, RMAL Rathnayake, dated 12 January.

As soon as the organisers shifted the event to the Veerasingham hall away from the campus, election officials have resumed their attack.

No political content

The Jaffna elections office had written to the venue management a day before the scheduled meeting, that there should be “no political conferences during election time”.

“It is your responsibility to ensure that meetings with political content is not allowed,” says the District Presiding Officer T Vethanayagam in a letter to the secretary of the Jaffna District Cooperative Society on January 15.

Despite repeated obstructions, the public meeting had gone ahead with senior figures from diverse Tamil political parties attending.

Addressing the gathering TPC co-convener slammed the moves by the election commission as an attempt to suppress political discourse.

"No structure including the election commission that calls itself democratic has got any right to make such demands," said Kumaravadivel Guruparan.

Nearly two weeks ago, freelance journalist Kusal Perera had complained to the election commissioner of the President and the Prime Minister both violating election law including using state media outlets for their respective party propaganda.

However, the journalist says that he is yet to receive a response.

JDS is not aware of any action taken by the election commission against either the president or the PM.

Democratising the state

The elections commission was set up alongside other commissions soon after the present government came to power in 2015.

In many international assemblies including the UN, Sri Lanka representatives have hailed the establishment of new commissions as a move to restrict the powers of the executive president and democratise the state.

Tamils have been increasingly expressing their displeasure at the government for dragging its legs on devolving power through a radical overhaul of the constitution.

Source : JDS

Several new luxury vehicles have been granted to high ranking officers of the Attorney General’s department, Source claim.

Accordingly, a Hybrid Mercedes Benz has been provided to Attorney General Jayantha Jayasuriya while his previously used vehicle has been given to Additional Solicitor General Dappula De Livera.

Meanwhile, Additional Solicitor General Yasantha Kodagoda has been given a new Freelander vehicle sources report. Additionally, the AG’s department is set to receive further facilities in the near future.

The lack of facilities in the AG’s department was informed to the President and government officials and action is now being taken to provide the necessary facilities. Junior State Counsels do not even have seats in the Department while they have to fund their official outstation travel visits sources claim.