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AG prevents murder convict from attending Pradeshiya Sabha meeting

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MP Premalal’s parnter in crime not so lucky

By Shamindra Ferdinando

Commissioner General of Prisons Thushara Upuldeniya has recently brought to the notice of Justice Ministry Secretary Attorney-at-Law Priyantha Mayadunne, the absence of rules and regulations pertaining to a convicted prisoner being allowed to attend local government sittings.

Upuldeniya, in a letter dated Oct 5, 2020, having pointed out the lapse on their part and sought Justice Secretary’s advice how to handle a request made by Counsel for Kahawatte Pradeshiya Sabha Chairman Mannika Waduge Vajira Darshana Silva, sentenced to death in addition to 47-year prison term over a killing in Kahawatte police area in January 2015.

Silva contested the last Local Government polls in Feb 2018 on Sri Lanka Podujana Peramuna (SLPP) ticket.

According to Upuldeniya’s missive, Silva had been remanded at the Welikada prison since July 31, 2020 pending hearing of his appeal against the verdict given by the Ratnapura High Court.

Justice Minister Ali Sabry, PC, told The Island yesterday that the Prisons Chief’s request had been forwarded to the Attorney General.

State Counsel Nishara Jayaratne, who is also the Attorney General’s Coordinating Officer, citing relevant sections of Local Government Statute as well as the Criminal Procedure Code, told The Island that the person concerned was not eligible to take part in local government proceedings whatsoever. She pointed out that the Court of Appeal proceedings had resulted in the suspense of the implementation of death penalty whereas he/she remained disqualified either to participate or vote under any circumstances.

According to the existing laws, a person convicted of murder couldn’t be elected as a member of local government body, participate in proceedings or vote, Jayaratne said.

Legal sources told The Island that Kahawatte PS Chairman Silva had been convicted together with Premalal Jayasekera over the killing of Dodangodage Susil Perera alias Shantha Dodangoda in the run-up to January 8, 2015 presidential election.

In spite of AG’s recommendation, Jayasekera successfully moved the Court of Appeal and was able to take oaths as an MP.

The Ratnapura HC sentenced former Sabaragamuwa Provincial Council member Nilantha Jayakody in addition to Jayasekera and Silva. The then Deputy Minister Jayasekera and a group of persons attacked supporters of common candidate Maithripala Sirisena, while they were engaged in decorating a stage. Sources said that the Attorney General’s opinion as regards Jayasekera and Silva attending Parliament and Pradeshiya Sabha, respectively, similar except in the case of the latter the disqualification is under the local government statute.

Sirisena re-entered parliament from Polonnaruwa on the SLPP ticket at the Aug 2020 general election.

Justice Ministry Secretary Mayadunne told The Island that three committees had been appointed to examine the ways and means of updating existing laws, rules and regulations as part of overall measures to improve the judicial system. Acknowledging the shortcomings pointed out by Commissioner General of Prisons, Mayadunne said that committees headed by Shavindra Fernando, PC (criminal), attorney-at-law K. A. Lasitha Kanuwanaarachchi. (civil) and Kaushalya Nawaratne (commercial) would make recommendations.

Mayadunne explained efforts made by the Justice Ministry to improve and streamline the system.

 Commissioner General, Prisons, Upuldeniya, too, acknowledged the urgent need to amend laws, rules and regulations to face the current situation. Upuldeniya said that Kahawatte PC Chairman hadn’t been taken for Thursday, Oct 8 sessions.



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Customs asked to resume probe or face legal action

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Nagananda / Liyanagama

Rs. 16 bn BMW revenue fraud:

Public interest litigation activist Nagananda Kodituwakku has said he will initiate appropriate proceedings against Director General of Customs, Wimal S.K. Liyanagama, in terms of the Anti-Corruption Act No 9 of 2023, unless the Customs carries out a revenue fraud inquiry to recover approximately Rs 16 bn in lost government revenue.

General Secretary of Vinivida Foundation, and former Customs officer, Kodituwakku said that though the Department, in response to his request for a meeting to discuss the issue, in writing, assured them that the investigation was underway, they found that the actual situation was not so.

Kodituwakku alleged that the Customs Chief had neglected what he called statutory duties under the Customs Ordinance, by disregarding his request for a meeting.

Kodituwakku said the investigation into the importation of 1,728 brand new BMW vehicles, under the concessionary duty permits issued by the government for the public servants, between 2011 and 2014, had been stalled.

The civil society activist said that investigations had revealed the vehicles hadn’t been imported by the permit holders themselves but others. It also transpired that the value of the imported vehicles, mentioned in the commercial invoices, proforma invoices and the CusDecs, tendered to Customs in the names of the permit holders, were not the actual values for the vehicles in question.

The high-profile case has been handled by the Central Investigation Directorate, at that time headed by Murugesu Thayabaran, a batchmate of Kodituwakku.

The ex-Customs officer said that he had appeared as counsel for Thayabaran in Court of Appeal and was determined to bring the case to a successful conclusion. According to him, the importer, over the years, had been represented by nine President’s Counsel as the case dragged on from the time of P.S.M. Charles, Director General, Customs.

Kodituwakku made available letters he wrote to the Customs and other parties on this issue, to The Island. Pointing out that the Court of Appeal on 7 May, 2024, dismissed the importer’s final appeal regarding the case pertaining to the revenue loss of Rs. 16 bn, Kodituwakku said that although the court had cleared the way for the Customs probe, no action had been taken.

However, the Court of Appeal ruling was given before Liyanagama succeeded Seevali Arukgoda as DG Customs on 6 May, 2026. Liyanagama served as Director General of the Department of Management Services at the Treasury before the new appointment.

Kodituwakku said that he had also brought the Customs case to the attention of the Commission to Investigate Bribery or Corruption (CIABOC).

Emphasising the failure on the part of the Opposition to raise this issue, both in and outside Parliament, Kodituwakku said that since the exposure of the BMW scam, during Mahinda Rajapaksa’s presidency, there had been four presidents, namely Maithripala Sirisena, Gotabaya Rajapaksa, Ranil Wickremesinghe and incumbent Anura Kumara Dissanayake. Unfortunately, successive administrations had allowed the interested parties to drag the case. The lack of interest shown by political parties revealed that they not only protected those responsible but encouraged corrupt practices of allowing third parties to import vehicles in terms of permits issued to legitimate recipients of such permits.

Having campaigned on an anti-corruption platform, during the presidential and parliamentary polls in 2024, the NPP couldn’t, under any circumstances, turn a blind eye to this situation, Kodituwakku said, adding that even the IMF should be concerned of the failure on the part of successive governments to recover the money.

By Shamindra Ferdinando

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Outgoing Chinese Ambassador Qi Zhenhong bids farewell to Mahanayake Theras

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The outgoing Ambassador visiting the Maha Nayake Theras

Outgoing Chinese Ambassador to Sri Lanka, Qi Zhenhong, who is scheduled to conclude his tenure on July 31, visited Kandy on the afternoon of July 18 to pay respects and receive blessings from the Mahanayake Theras of the Malwathu and Asgiriya Chapters.

During the visit, the Most Venerable Thibbotuwawe Sri Sumangala Mahanayake Thera of the Malwathu Chapter and the Most Venerable Warakagoda Sri Gnanarathana Mahanayake Thera of the Asgiriya Chapter hailed the Ambassador’s dedicated service to the country.

The Malwathu Mahanayake Thera noted that Ambassador Qi had performed his duties as a diplomat to the highest possible standard. He stated that the Ambassador’s contributions during his nearly six year tenure, including assistance during natural disasters and support for economic, educational, cultural, and religious sectors, would never be forgotten.

Expressing his appreciation, the Mahanayake Thera remarked that he would like the Ambassador to remain in Sri Lanka even after retirement.

The Asgiriya Mahanayake Thera, Most Venerable Warakagoda Sri Gnanarathana Thera, also commended the Ambassador’s efforts in supporting infrastructure development during various natural disasters and praised his initiatives in strengthening the bilateral relations between China and Sri Lanka.

Reflecting on his tenure, Ambassador Qi Zhenhong stated that the Sri Lankan economy is gradually improving under the new government. He noted that the Chinese government fully supports the current government’s focus on industrial policy, state owned enterprise reform, and exports.

The Ambassador highlighted several ongoing collaborative projects, including an agreement to provide school uniforms, the reconstruction of 14 bridges destroyed by cyclones, and the upcoming arrival of the first batch of electric buses and vehicles.

“Sri Lanka feels like my second home,” the Ambassador said, adding that he is grateful for the generous support and sincere friendship extended to him by the people of Sri Lanka. He confirmed that while his tenure ends on July 31, he will continue to engage with Sri Lanka whenever possible.

The Ambassador also visited the Senior Member of the Asgiriya Chapter, Most Venerable Godagama Sri Mangala Thera, to receive further blessings, with other prominent members of the Maha Sangha also in attendance.

By S.K. Samaranayake

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Move to extend retirement age of top judges: BASL asks govt. to stop process pending meaningful consultations

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(From left: Rienzie Arsecularatne, Rajieev Amarasuriya and Pasindu Silva

President of the Bar Association Rajeev Amarasuriya yesterday (21) briefed the media regarding the action taken by them to discourage the NPP government from increasing the retirement age of superior court judges.

Amarasuriya, flanked by BASL Deputy President Rienzie Arsecularatne (right) and Treasurer Pasindu Silva reiterated their strong opposition to the alleged move. The briefing took place at Dr. H.W. Jayawardene QC Auditorium, BASL Secretariat, Mihindu Mawatha.

Pointing out that the move to bring in a constitutional amendment to facilitate the project would be detrimental to the judiciary and the country, the BASL requested an opportunity to meet Justice Minister Harshana Nanayakkara to discuss the issues at hand.

The BASL proposed that the delegation would consist of members of the Executive Committee, President’s Counsel and senior members of the legal fraternity.

Amarasuriya said that the BASL was willing to assist the Justice and National Integration Ministry in a consultative process in case the government decided to do so. “We sincerely hope that no further steps will be taken in relation to this proposal until meaningful consultation has taken place with the principal stakeholders of the justice sector,” Amarasuriya said.

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