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Conduct of AG’s Dept. under microscope

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Failure to arrest Zahran

By Rathindra Kuruwita

The Attorney General has recommended disciplinary action against Deputy Solicitor General, Azard Navavi, and State Counsel Malik Azeez, who were entrusted with the file on National Thawheed Jamaat (NTJ) and its leader Zahran Hashim, for lapses in handling the case, the PCoI investigating the Easter Sunday attacks was informed yesterday.

A three-member committee had also concluded its inquiry, and charge sheets have been sent to the Public Service Commission (PSC,) Additional Solicitor General Sumathi Dharmawardena yesterday told the PCoI. The report had been sent on 27 November 2020 through the Secretary to the Ministry of Justice, but there had been no response so far, he said.

The Attorney General’s Department had paid attention to the file on NTJ leader Zahran Hashim, sent by the Terrorism Investigation Division (TID) seeking their advice, three weeks after the Easter Sunday attacks, Deputy Solicitor General Navavi, on December  (05) told the PCoI.

When the PCoI summoned Navavi and Azeez, the Chairman asked Navavi what the AG’s Department had done about the file on Zahran, sent by the TID for legal advice. Navavi said that he had received the file on 07 June 2017 and directed Azeez, who was under him to handle it. Both men insisted that the TID had not relayed the information it had about NTJ and Zahran until 2019.

Azeez said that on 12 March 2019,  there had been a meeting  with several TID officers on the file and only at that point had the officers mentioned that the TID had obtained warrants twice to arrest Zahran.

“The arrest warrants had not been attached to the file or brought to the notice of the AG’s Department until March 2019,” Azeez said.

Azeez informed the Commission that the TID had added documents to the file twice, in 2017 and 2018. None of those included the two arrest warrants or statements recorded by Zahran’s mother and wife. Without those important documents, the AG’s department officials had not been able to detect a threat to National Security, Azeez said.

Additional Solicitor General Sumathi Dharmawardena was called before the PCoI to shed more light on the matter. He is also in charge of administration at the AG’s Department.

Dharmawardena said that in 2019 he had testified before the Parliamentary Select Committee (PSC) on the Easter Sunday attacks on the file that TID had sent.

ASG Dharmawardena added that he had drawn Attorney General, Dappula de Livera’s attention to the final report of the PSC on or around 24 February 2020. The following day, Livera had recommended that an inquiry be conducted as regards Navavi and Azeez. Initially, the investigation was to be done by Deputy Solicitor General, Susantha Balapatabendi.

However, on 13 March 2020, a three-member committee consisting of Senior Additional Solicitor General, Sarath Jayamanne, Balapatabendi and Senior Deputy Solicitor General, Mayadunne Corea had been appointed. Jayamanne resigned from the committee on 29 May 2020 and on 01 June 2020, Additional Solicitor General, Priyantha Nawana had been made the head of the Committee, Dharmawardena said.

The committee had finalised the investigation in July 2020 and sent it to him, Dharmawardena said. The report containing draft charge sheets had been given to Acting Solicitor General Sanjay Rajaratnam for further recommendations and on 27 July 2020, Rajaratnam had also recommended disciplinary action, Dharmawardena said.

“Rajaratnam again on 12 November 2020 said action should be taken on the matter.”

Chairman of the PCoI: “Did you send this to the PSC for action?”

Dharmawardena: “Yes, this was sent to the PSC through the Secretary to the Ministry of Justice. This was done on 27 November 2020.”

Incidentally, 27 November 2020 was the day Dharmawardena was asked to come to the Police Unit of the PCoI to give a statement.

Dharmawardena said that there had been no response to the report so far.

Chairman of the PCoI: “The TID sent a file for advice in 2017 to the division that handled criminal cases. Who was in charge of the division then?”

Dharmawardena: “Senior Additional Solicitor General Kapila Waidyaratne.”

Chairman of the PCoI: “Who were the law officers in charge of the Eastern Province after June 2017?”

Dharmawardena: “Navavi, who was a senior state counsel then was in charge of the area.”

Chairman of the PCoI: “Who was his supervisor?”

Dharmawardena: “Current AG Dappula de Livera.”

Shavindra Fernando, PC, who appeared for Navavi then cross-examined Dharmawardena.

Fernando: “The Committee recommended legal action against the two law officers in July 2020. But you only sent the report to PSC on 27 November 2020. You also gave a statement to the PCoI Police Unit on that day. Is this true?”

Dharmawardena: “This is not a question I can answer. Only the AG can.”

Fernando: “On 18 June 2019, the AG sent a letter to the acting IGP, saying that the law officers of the AG’s Department were not at fault in this case. On 10 July 2019, the coordinating officer to the AG repeated the claim in a press release. It is obvious that AG didn’t think Navavi and Azeez did anything wrong.”

Dharmawardena: “The administration division has nothing to do with sending press releases.”

Fernando: “Can the Commission ask the coordinating officer to the AG to testify before the PCoI on this?”

The PCoI then ordered State Counsel, Nishara Jayaratne to appear before the PCoI tomorrow (17).

She was also asked to give a statement to the police unit attached to the PCoI, today.

 

 



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Switzerland to vote on plan to cap population at 10 million

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A yes-vote poster paints the planned cap (L) as a way of protecting Switzerland, but opponents call it a "chaos initiative"[BBC]

Can a country put a fixed limit on its population? That is the question Switzerland will be answering on Sunday when voters go the polls to decide on a proposal to cap their population at 10 million, a move that has exposed divisions about immigration in the Alpine nation.

The move is backed by the right-wing Swiss People’s Party, which describes it as a “sustainability initiative” aimed at easing pressure on housing, public services and the environment. However some voters see this as the party’s latest anti-immigration move.

Dubbing it a “chaos initiative”, the government, other political parties, business leaders and trade unions argue it will deprive hospitals and hotels of much needed staff, and damage hard-won relations with the European Union, leaving non-EU member Switzerland isolated in a very risky world.

Switzerland’s population has grown rapidly since 2002, when it stood at 7.3 million. Now it is 9.1 million, 27% of whom are Swiss residents who were born abroad.

Switzerland’s system of direct democracy means all major decisions are taken via the ballot box. Campaigners simply have to gather 100,000 signatures to ensure a nationwide vote.

Many voters are concerned by overcrowded trains, expensive apartments and rising health costs.

The latest opinion polls indicate this could be a very close vote.

They suggest voters are inching towards a no vote by a wafer thin margin, with 52% opposed – but polls remain divided, with 45% saying they are in favour of the proposal and a significant number of voters still undecided.

[BBC]

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Court orders former Atamasthanadhipathi to provide blood sample for DNA testing

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Anuradhapura Chief Magistrate, Siyapath Sasindu Wickramaratne, on Friday (12) ordered former Atamasthanadhipathi Pallegama Hemarathana Thera, who stands accused in a case involving the alleged serious sexual abuse of a minor girl, to provide a blood sample for DNA testing.

Accordingly, the court directed the suspect monk to appear before the Government Analyst’s Department on June 16 and provide a blood sample to the Government Analyst.

The order was issued after considering a further report submitted to court by the Nittambuwa Police.

Police informed the court that, pursuant to an earlier court order, certain case material had been forwarded to the Government Analyst on May 4, 2026, for DNA examination.

According to police, the material consisted of clothing allegedly stained with blood, which had been buried and concealed by the girl and later recovered during investigations.

Police further informed the court that the Government Analyst’s report had confirmed the presence of DNA evidence on the clothing.

Investigators told court that it was necessary to obtain a biological sample from the suspect monk in order to compare it with the DNA evidence recovered from the garments.

Police therefore requested an order compelling the suspect to provide a blood sample so that it could be determined whether the DNA evidence found on the girl’s clothing matched that of the suspect.

Having considered the submissions, the Magistrate ordered the suspect monk to provide the blood sample. The court also directed the Government Analyst to submit the report of the subsequent DNA examination.Pallegama Hemarathana Thera was previously remanded in connection with the case and was later released on stringent bail conditions.

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High fuel prices spark outrage in transport sector, services halved

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(Asiatimes) From this week, those using private buses in Sri Lanka may face severe transport disruption, as operators in the sector have decided to cut services by 50%. Among the reasons for the protest are mounting losses, rising fuel costs and the government’s failure to grant fare concessions. At a press conference held on 7 June, Gemunu Wijeratne, president of the Sri Lanka Private Bus Owners’ Association, explained that “the authorities have not responded positively to requests for a review of bus fares and support measures regarding fuel”.

Meanwhile, around 25% of private transport vehicles have already voluntarily ceased operations due to financial difficulties. According to the majority of owners, “the decision comes after ongoing disputes with the authorities regarding fare adjustments and financial relief, which have not been met to date, despite numerous requests made over a long period”. Commuters, especially in Colombo and the surrounding areas, risk facing delays and overcrowding as the reduced fleet operates under the new directive.

According to Wijeratne, “the association will continue to provide a reduced service until the government approves a revised bus fare, in line with the rise in fuel prices”. The alternative for the government, he continues, is to provide “a direct subsidy to operators, as recent fuel price increases have placed considerable pressure on daily transport operators”.

During peak hours such as the morning, school finishing times and the evening rush hour, only essential services will be guaranteed. During these times, instead of four journeys, only three will be made. Overall, operations will be reduced to around 50%. “The government,” the chairman clarifies, “must take responsibility for this situation, as the majority of students and employees use private buses for their daily commutes, particularly to and from Colombo to various parts of the country.”

Operators in the sector point out that although they requested a temporary exemption to guarantee bus services for one month, neither the National Transport Commission nor the Minister of Transport responded positively. The annual fare review is due to be implemented during the first week of July, adding that they have the “legal authority” to “apply the revised fares”. On 5 June, Wijeratne continues, “we held discussions that were unsuccessful. Diesel prices are expected to rise by the end of this month. In view of all this, we are proceeding with the fare review. This year’s fare adjustment will be difficult for the public to bear, as all costs have risen by around 20–25%”.

The president of the Association of Private Bus Owners concludes by noting that “we cannot continue to operate at a loss. For this reason, we have asked the authorities for some concessions on diesel within the regulatory framework, but these measures have not been implemented. We have therefore decided to step up our industrial action. This week we will intensify our action by changing timetables and limiting operations. The decision was taken – he notes – due to the lack of a positive response to the request for a fare review following the recent rise in fuel prices”.

Recently, the Ceylon Petroleum Corporation (CPC) increased fuel prices in accordance with its monthly pricing formula. Among the changes, the price of a litre of petrol was increased by 15 rupees, rendering the current tariff structures unsustainable. To grasp the scale of the emergency and understand the impact on the population, AsiaNews spoke to Akalanka Punchihewa, Senuli Amrasekara and Dunesh Mayadunne, commuters from various parts of the country who travel to the capital every day for work. “We struggle,” they confirm, “to get to work from Kandy, Kurunegala and Galle. The recent decision by private bus operators is a severe blow, as we have to spend several hours in long queues just to get on a bus. The service provided by buses run by the Sri Lanka Transport Board (SLTB) is inferior to that of private buses. And we cannot,” the commuters conclude, “afford to travel to work by car or motorbike, as we are unable to bear the increased cost of fuel.”

by Arundathie Abeysinghe

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