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All major decisions on emergency purchase of 182 types of drugs taken in 2022 while second suspect was in the UK

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Controversial purchase of ‘human immunoglobulin’ from private sector

The emergency procurement of 182 items of pharmaceutical drugs, including ‘human immunoglobulin’ (HI) and ‘rituximab,’ had been decided by the Health Ministry based on a Cabinet decision taken on 26th September 2022, as per documents issued by the then Secretary, Ministry of Health, and that soon thereafter offers had been invited by an Emergency Procurement Committee (EPC), headed by the then Health Ministry Secretary. Offers had been opened on 3rd October 2022 and that the successful bidders had been selected by the EPC and informed shortly thereafter of their selection, having obtained the recommendations of the Technical Evaluation Committee (TEC).

These submissions were made before Maligakanda Magistrate Lochana Abeywickrema Weerasinghe by President’s Counsel M.M. Zuhair who appeared with Anjana Rathnasiri and Rizwan Uvais for Dr. Wickramanayake, the 2nd suspect in the controversial government decision to purchase 182 pharmaceuticals, including HI, from private sector suppliers, under the Indian line of credit of US $ 200 million offered by the Delhi government in March 2022.

During virtually the entire year in 2022, when all the major decisions were taken to purchase from local suppliers, as decided by the Cabinet including HI and other pharmaceuticals, Dr Kapila Wickramanayake was in the United Kingdom on an officially released assignment and was not the Director in the medical supplies division of the Health Ministry.

The 28/10/2022 letter of the Health Secretary, also states that letters of acceptance of the selected offers had already been issued to the successful suppliers.

The second suspect had nothing to do with any of the major relevant decisions relating to this purchase and on his resuming duties as the Director, MSD, in 2023, he had no personal involvement, even at the delivery point in the Health Ministry Stores.

These submissions, Zuhair PC said, were being made based on the CID reports of investigations, dated 1st and 20th November 2022, made to the Maligakanda Magistrate, following certain incidents of adverse reactions on some patients, allegedly from the human immunoglobulin supplied by the first suspect’s company.

He said that according to the CID investigations, filed in Court dated 1/11/2023, the first suspect’s company had apparently disclosed in their offer to the EPC that the raw material for the production of ‘HI’ will be imported from the named Indian manufacturer and produced in Sri Lanka and supplied by and on behalf of the Indian Company.

Zuhair PC urged the CID to produce to Court, the Health Secretary’s letter, dated 28/10/2022, addressed to the Deputy Director General of the medical supplies division requiring payments for supplies to be done within 45 days, failing which delayed payments will cost the Ministry an additional 3% monthly charge payable to the supplier by the Ministry, whereas the penalty for late deliveries and quantity failures payable by the supplier can be waived by the Ministry.

When all these happened here in 2022, the second suspect Dr Wickramanayake was working in the UK. He is entitled to bail as the Public Property Act has no application considering the facts of this case, he submitted.

According to paragraph 18 of the police investigations, Counsel said, the successful tenderer of the human immunoglobulin is alleged to have submitted a forged WOR to the Medical Supplies Division, which is subject to investigation. The said supplier is the first suspect.

If so, it is the officials in the Medical Supplies Division who had been cheated by the Supplier, and these officials could be important witnesses. The Magistrate reserved order for 13/12/2023.

Deputy Solicitor General Lakmini Girihagama appeared on behalf of the Attorney General for the CID. Kalinga Indatissa PC appeared for the first suspect Sudath Janaka Fernando, the supplier. Kasun Chanaka AAL appeared for the third suspect Shanthini Soloman. Roland Perera PC appeared for the fourth suspect Niran Danajaya. Asoka Serasinghe AAL appeared for the fifth suspect Sujith Wasantha Kumara.



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Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds

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Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.

Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.

The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.

The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.

Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.

Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.

By Shamindra Ferdinando

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Former Minister Nalin raises defence of double jeopardy

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Nalin Fernando

The Court of Appeal  yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.

The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.

Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.

Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.

He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.

The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.

The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.

The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.

Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.

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UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage

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The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.

In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.

According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.

The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.

Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.

The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.

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