By Shamindra Ferdinando

Jathika Nidahas Sabhawa Spokesperson Prof. G. L. Peiris, MP, Tuesday (02) questioned the conduct of the Attorney General Sanjay Rajaratnam, PC, pertaining to obtaining compensation for the worst ever marine disaster, caused in Sri Lankan waters, following the sinking of container carrier X-Press Pearl, in the first week of June 2021.

Rajaratnam was sworn in as AG on May 26, 2021, less than a week after the ill-fated vessel, carrying a hazardous cargo, reported a fire onboard, but was allowed to enter Sri Lankan waters.

Addressing the media, at the Nawala Office of the breakaway SLPP faction, the former top law academic emphasized that the AG, on behalf of his department, owed an explanation as regards Sri Lanka’s response to the unprecedented marine disaster, and its aftermath.

The former External Affairs Minister asked whether Sri Lanka’s pathetic response was caused by negligence on the part of the AG’s department or some mysterious intervention made by some interested party/parties.

“Why did the government wait for the last moment to file action?” Prof. Peiris asked.

The other contentious issue at hand is why a Singaporean court had been moved against the owners X-Press Feeders, and the insurers of X-Press Pearl, regardless of specific recommendation made by an expert committee, appointed by the Marine Environment Protection Authority (MEPA), to file action in Colombo.

Attorney-at-Law Dharshani Lahandapura, the then Chairperson of the MEPA, told The Island that, on the basis of the recommendations made by the expert committee, she felt action should be filed here. The expert commit was jointly led by Prof. Ajith de Alwis and Prof. Prasanthi Gunawardane.

Her successor Asela B. Rakewa, also an Attorney-at-Law, said that MEPA was not consulted by the AG regarding filing of the case in Singapore. Rakewa said so in response to The Island query. Rakewa declined to comment on that decision as he couldn’t take a stand, contrary to that of the Cabinet-of-Ministers.

Prof. Peiris said that he couldn’t believe that a Singaporean court had been moved against an incident that took place within Sri Lankan waters. The former minister questioned the culpability on the part of the Cabinet-of-Ministers for the decision on the Singaporean court, as advised by the AG.

At the time of the X-Press Pearl disaster, Prof. Peiris served the then Cabinet of Gotabaya Rajapaksa. The rebel SLPP group quit the government parliamentary group, on July 20, 2022, in the wake of the party throwing its weight behind PM Ranil Wickremesinghe, at the vote to elect a successor to complete the balance period of ousted President Gotabaya Rajapaksa’s term.

The SLPP National List member pointed out that the action would cost bankrupt Sri Lanka an arm and a leg. Declaring that Sri Lanka’s response disclosed continuing pathetic state of affairs, Prof. Peiris asked the government also to explain the involvement of an Australian firm in filing action in Singapore. “We would like to know who picked this particular Australian firm, and the procedure followed,” Prof. Peiris said.

At the onset of the briefing, Prof. Peiris welcomed an opportunity to debate the X-Press Pearl affair in Parliament next week. Parliament meets on May 09. Sittings will continue till May 12.

The former minister compared the USD 2.9 bn bailout package, secured from the IMF, in March this year, and compensation to the tune of USD 6.4 bn which could be ours if Sri Lanka handled the case properly.

Commenting on the continuing controversy over an alleged bribe amounting to USD 250 mn (Rs 80 bn) received by a person in a position to sabotage Sri Lanka’s case, Prof. Peiris called for a thorough inquiry.

The Island

, in its 13 April edition, exclusively reported the disclosure made by Justice Minister Dr. Wijeyadasa Rajapakse, PC, pertaining to USD 250 mn being deposited in a UK bank.

Prof. Peiris questioned the validity and the basis for the Justice Minister’s complaint to the IGP as regards the massive bribe allegedly received by an interested party. The former minister asked for a proper inquiry to identify one Chamara Gunasekera whose name has transpired in this connection.

Referring to domestic and international laws in place to curb money laundering, Prof. Peiris said that such a massive deposit would have immediately alerted the British system and appropriate action taken.

It is a proven fact that virtually all leading British banks have been fined by the American legal system for mainly laundering drug cartel money, but not a single banker responsible for such criminal acts have been punished, let alone imprisoned.

The former minister also speculated about the possibility of the government propagating a lie to divert public attention.

Prof. Peiris asked whether the AG’s Department was aware of an attempt made by the ship owners and insurers to move British court against Sri Lanka’s efforts to secure sufficient damages. If they succeeded, a limit would be imposed on the damages Sri Lanka was entitled to as a result of the worst ever marine disaster in this part of the world.