Connect with us

News

Ex-Minister faces humiliation after taking disaster relief car

Published

on

MONETABRIEF – The Supreme Court has, for the first time, ordered a respondent to grovel before the nation for abusing state property and betraying the public trust.

In a landmark decision on Tuesday, the apex court ordered former Disaster Management Minister A. H. M. Fowzie not only to pay Rs6.6 million in reparations to the state but also to publicly apologise to citizens whose rights were violated by his actions.

Fowzie pleaded guilty in 2022 to keeping a brand-new Toyota Land Cruiser Prado for personal use for more than five years, even after he had been transferred from the ministry. In August 2024, the High Court fined him a mere Rs400,000 and imposed a two-year prison sentence suspended for 10 years keeping him out of jail.

Public-interest litigant and good-governance activist Chandra Jayaratne petitioned the Supreme Court, arguing that Fowzie’s actions constituted a breach of public trust and a loss to the entire population.

“I am happy that the court has sent a strong signal with this judgment,” Jayaratne said.

On Tuesday, a three-judge bench headed by Chief Justice Preethi Padman Surasena unanimously agreed. In a judgement written by Justice Janek de Silva, the court held that the case was a classic example of corruption.

“He appropriated that vehicle for his own personal use for approximately five years, treating a piece of critical public infrastructure as his personal property,” the 34-page judgement said. “This is a textbook betrayal of the public trust.”

The court noted that the Land Cruiser Prado, bearing registration number KI-4666, had been acquired for the Disaster Management Centre and categorised as a “Vehicle Command” – a specialised four-wheel-drive vehicle designed for use in the challenging conditions ordinarily encountered during disasters.

“It is equipped with a robust engine of high cylinder capacity. The vehicle is further distinguished by unique markings and glow-in-the-dark stickers intended to differentiate it from other vehicles during disaster situations,” the judgment said.

The Supreme Court held that there was no dispute that Cabinet ministers required reliable transport. However, the Land Cruiser taken by Fowzie for his personal benefit was a specialised vehicle purchased with a loan from the Dutch government.

“It raises a serious question concerning the breach of the public trust reposed in those entrusted with public resources,” the court said.

The court also found that Fowzie had been using four other luxury SUVs: a Mitsubishi Montero bearing registration number JU-0786, a Land Rover Defender bearing registration number PC-5786, a Toyota Prado bearing registration number GJ-0211 and a Nissan Patrol bearing registration number GL-4246.

The use of so many additional SUVs also breached State Expenses Management Circular No. CA/1/17/1, dated 14 May 2010, which allows a minister to have a maximum of three vehicles for official and personal use.

The court also referred to hadiths, Islamic teachings on good conduct, when considering Fowzie’s use of state property. It noted that the former minister had violated the teachings of his own religion.

“Hadith establishes a strong principle of public trust, integrity and accountability in public administration: public officials must not exploit their authority for private gain, and any benefit obtained because of their official position may amount to a betrayal of the trust placed in them.

“It also warns that those who unlawfully take or misuse public property will be held accountable before Allah on the Day of Judgment.”

“In the present case, the conduct attributed to Fowzie constitutes a dereliction of that reciprocal public duty. It amounts to a disregard of the democratic social order and a breach of the relationship of mutual obligation between the state and the tax-paying public.”



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Lanka enters new phase of prosecutions as hurdles clear

Published

on

MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

Continue Reading

News

Police warn: Court evaders face property seizure

Published

on

Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

Continue Reading

News

Nearly 20 Iranian tankers stranded off Lanka amid US sanctions

Published

on

Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.

According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.

The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.

The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.

Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.

The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.

Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.

Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.

Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.

The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.

Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.

Continue Reading

Trending