Connect with us

News

Bar Association complains of spike in arbitrary acts by authorities

Published

on

The Executive Committee of the Bar Association of Sri Lanka (BASL), on Friday (05) observed a rise in arbitrary arrests and criminal activity in recent times. The BASL, in a statement, said the legal system provides for investigation, inquiry, trial, and punishment by proper authorities which is the base of democracy and the Rule of Law, and the credibility and transparency of such process must be diligently and fiercely preserved.

Given below is the statement in full: “The BASL firmly condemns the regrettable shooting incident that transpired in Weligama, resulting in the tragic demise of a Police Sergeant and the injury caused to a Sub Inspector from the Colombo Crimes Division (CCD).

“This incident purportedly occurred within the context of an operation aimed at apprehending a group allegedly engaged in illicit drug activities.

BASL underscores the utmost significance of adhering to due process and upholding the rule of law.

“The police raids, including the demolition of property carried out without valid search warrants and/or valid search orders, whilst flagrantly violating established legal protocols, render them unlawful.

“Such actions not only undermine the bedrock principles of justice, but also erode public confidence in the integrity of law enforcement agencies.

“In terms of Article 13 (4) of the Constitution, no person shall be punished with death or imprisonment except by order of a competent court.

“Hence, even a convicted criminal has a right not to be arbitrarily deprived of his life except in accordance with procedure established by law.

“The prospect of extrajudicial killings and arbitrary arrests presents a deeply disconcerting opportunity for the abuse of power.

“Our collective legacy will harshly judge us if we remain silent in the face of such grave transgressions. It is imperative that the authorities act in full accordance with the law, ensuring that justice is served for both the victims and the accused parties involved.

“Moreover, we express deep concern over recent statements made by the Minister of Public Security, which implicate certain lawyers as conspirators with drug offenders.

“The absence of police accountability and the grant of unchecked impunity create an environment where no individual can feel secure. BASL underscores the urgent need for transparency, accountability, and the protection of the rights of all individuals engaged in legal proceedings.

“In light of these disconcerting developments, BASL calls upon the authorities to promptly rectify these issues, hold the responsible parties accountable, and restore public trust in the justice system.

It is only by steadfastly upholding the principles of due process and ensuring the primacy of the rule of law that we can establish a society that is equitable and just for all its members.”



News

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

Published

on

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

Continue Reading

News

Former Minister Nalin raises defence of double jeopardy

Published

on

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.

Continue Reading

News

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

Published

on

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.

Continue Reading

Trending