Features
IGP stakes: why’s and wherefores of old values of succession being scuttled
BY Kingsley Wickremasuriya, Senior DIG (Retd.)
The post of Inspector-General of Police is ‘vacant’ and the government is dilly-dallying with the appointment of a successor to take over, apparently for reasons of political expediency. This is the first time in the known history of the Department that the Police had to face such a situation.
In all these years the succession to the post of the Inspector-General of Police was almost automatic being based, by and large, on the line of Seniority and Merit. The post usually went to the Senior-most Deputy Inspector-General of Police, the most experienced and respected leader in the department. To name a few, Inspectors-General of Police Aleric Abeygunawardena, John Attygalle, and Cyril Herath were officers par excellence known for their integrity and impartiality and for doing their duty according to the Rule of Law.
The road to succession was known to be either through the post of Director of Headquarters Administration (DHA) or Director of Criminal Investigation (D/CID). This was the norm accepted by the rank and file. The succession was, therefore, smooth and easy and widely accepted by the rank and file and the country at large. This time-tested process gave legitimacy to the post of Inspector-General of Police in the eyes of all the stakeholders including the Police themselves.
In a disciplined service, rank is sacrosanct. An officer has necessarily to aspire to a higher rank through performance. If his work had been of exceptional merit and distinction, he may even be considered for a special promotion. A promotion can also be posthumous where the deceased officer had been exemplary in performance and achievement. An officer will therefore naturally like to safeguard his position in the line of seniority. He will be unhappy if a junior officer is placed over him merely because the latter wields influence. It is natural for an officer in a disciplined service to jealously protect his place in the line of seniority against encroachment (Merril Gunaratna, ‘Perils of a Profession).
This paper will try to find an explanation as to why the police have failed to ‘Serve and Protect’ the citizen, which is the main purpose of a Democracy.
Police & Politics
Police have in recent times come in for sharp criticism from various quarters ostensibly for their failure to contain the lawlessness prevailing in the country and to maintain the Rule of Law, particularly in the face of mass protests that took the country by storm. Critics allege the partiality of the police as the reason for their inability to enforce the Rule of Law. It has led to a near riotous situation being created in many parts of the country by police inaction against lawbreakers.
It is commonly known that this situation has been brought about by the politicization of the Police. A review of the constitutional history will show how undue political interference in police affairs has affected the legitimacy of the Police (and the legitimacy of the government itself, whose agents the police are) contributing to the current lawlessness in the country and the resulting failure of the police to enforce the Rule of Law.
Looking at the root cause, it has been found that the beginnings of political interference in the affairs of the Public Service were a problem even before the country gained Independence from the British. It had its origins in the early 1920s. The reports on the Colebrook – Cameron Reforms, the Donoughmore and Soulbury Reforms are a testimony to the measures they proposed to protect the Public Service from the undue interference of unscrupulous politicians.
Whilst these Commissioners made continuous efforts to ensure an efficient and effective Public Service by protecting it from undue political interference, the working of the Constitution in the aftermath of the Soulbury Commission showed how the highest in the political hierarchy of the country, no less a person than the Prime Minster himself (of the time) attempted to scuttle the legally adopted constitutional provisions by his attempts to circumvent the Constitution.
The legend has it that a Prime Minster (at the time) is alleged to have said once, ‘Public Service Commission or no Commission, I get whom I want’. We also have the story going around in police circles about how the same Prime Minster exhorted the then Inspector-General of Police, Osmund de Silva that the Police should have that ’extra bit of loyalty to the Government’, and how the Inspector-General responded in return by exhorting his officers that what they should uphold is the Rule of Law although he knew that he would be falling out of favour with the premier and that it would affect his tenure.
With all these attempts behind the scenes the Public Service Commission at that time worked reasonably well without a major hiccup until the introduction of the first Republican Constitution in 1972 that vested the responsibility of appointments, transfer, dismissal, and disciplinary control of all State Officers with the Cabinet of Ministers by Article 106 and other provisions in Chapter XII of that Constitution giving a blank cheque for political interference. The best illustrations of these efforts are the Chapter XII of the Republican Constitution of 1972 and Chapter IX of the Republican Constitution of 1978. This was the start of the process of politicization of the public service in general and the Police in particular.
In the meanwhile, the effects of these constitutional provisions brought about by Article 106 and the other provisions in Chapter XII of the first Republican Constitution (1972) on the Police have had far-reaching effects on its morale, and discipline. Consequently, delivery of services to the people has suffered severely resulting in the lowering of quality and professional standards that used to be maintained in the Police previously. With the proclamation of the Second Republican Constitution, the provisions of Chapter XII were given effect to more or less completely concerning the control of the Public Service in Chapter IX (The Executive) of the 1978 Republican Constitution. The effects of that on the Police have far exceeded those referred to by the Basnayake Police Commission (1970) or the Subasinghe Committee (1979) in their reports. This is confirmed by the report produced by the Jayasinghe Committee in 1995.
Police Reforms
As far as the Police are concerned several Police Commissions/Committees were appointed by successive governments to go into Police matters and report on reforms. The Soertz Commission Report (1946), the Basnayake Police Commission Report (1970), The Subasinghe Committee Report (1979), and Jayasinghe Committee Report (1995) on Police Reforms spoke eloquently of the impact these constitutional provisions had on the Police. They all spoke of how undue political interference undermined the moral of the Service, led to a poor public image, and loss of public respect or cooperation.
Jayasinghe Committee
In 1995 once again a three-man Committee was appointed by the President headed by Mr. W. T. Jayasinghe, a former Secretary to the Ministry of Defence ‘to inquire into and report on the reorganization of the Police Service’. The Jayasinghe Committee in particular in their report said that all the officers who appeared before them agreed that undue pressure was brought to bear in the matter of appointments, promotions, postings, and even transfers. These undue pressures were mostly from politicians and those close to politicians. They also agreed that this was one of the main reasons for the breakdown of discipline, loss of morale, and high incidence of corruption in the police. The interference did not stop with personnel matters like transfers, promotions, etc. It extended even to operational matters like criminal investigations.
As a result of the increasing incidence of interference by MPs in investigations, the Committee said that some of the officers who were fair and acted impartially were removed and transferred from their stations overnight at the instance of an MP because the offender happened to be a supporter of the MP, and yet others who had a well-known track record of corruption or inefficiency were promoted over the heads of those conscientious and dedicated officers. They also pointed out how in recent years junior officers have been promoted over their seniors, ostensibly on the ground of outstanding merit. This affected the morale of the entire Service.
While tracing back the history of the police to British times in an attempt to explain this phenomenon, the Committee said that the sole function of the police during that time was to safeguard the interests of the rulers. Even after Independence, the stance of the police did not change. The prime duty of the police now became the safety of the State instead. In the process, the police saw their immediate role to be safeguarding the interests of the government in power which eventually took the form of safeguarding the interests of the Members of Parliament (MP) of the ruling party.
They then went on to show how this relationship between the Police Officer and the MP became a particularly sensitive one, much more than that with other Government Officials because of the special demands of those constituents close to him to help them escape the rigorous application of the law by the police. Since every Government is faced with this dilemma resulting from this sensitive relationship between the MP and his constituents and consequently the MP and the police, the Committee thought that in the circumstance it would help the Government and the MPs themselves if a Police Service Commission is established as recommended by the Basnayake Police Commission in 1970 by easing the constituents’ pressure on MPs on police matters on the one hand, and that it will also go a long way to restore the morale and confidence in the police themselves on the other.
Almost all the officers who appeared before the Commission were “vehemently in support of the establishing of such a Commission.” They were further of the view that the Commission should play an active role, unlike the previous PSC in laying down policies and ensuring that they are scrupulously followed. Therefore, while recommending the establishment of a Police Service Commission they were of the view that the Commission should be appointed by the Constitutional Council of the Parliament and the members of that Commission should consist of senior serving or retired administrators, judicial officers, police administrators, and academics in sociology. They also suggested that the Constitution should be suitably amended to give effect to the establishment of a Police Service Commission. The recommendations were of no avail. Once again, the government did nothing to implement these recommendations.
17th Amendment
These recommendations however lay ignored for more than three decades when suddenly came the 17th Amendment, after a long period of inaction. The 17th Amendment was not the result of any of these recommendations. It was the result of some politicians in the opposition waking up from their slumber about police reforms and thinking of acting only after they had been themselves victims of delayed reforms and at the receiving end of a series of events affecting their political interests.
The 17th Amendment was the result of a political initiative launched by Members of Parliament in the Opposition led by the United National Party in 2001. The move was prompted by the violence and alleged election malpractices that was present during the Waymaba Provincial Council Elections in 1998, where it was alleged that “massive thuggery and vote rigging took place on an unprecedented scale”. It was not surprising that the UNP should take the lead because it was, they who suffered most during the election campaign being the victims of their constitutional device introduced during the UNP regime in 1978 placing unlimited power in the hands of the President. The Amendment naturally sought to neutralize or curb those powers vested in the President by Chapter IX of the Constitution of 1978.
The Amendment had its origins in the Report of the Citizens’ Consultation on Free and Fair Elections and De-politicisation of Key Institutions, which was set up by the Leader of the Opposition. That year a Drafting Committee was set up under the chairmanship of Mr. Karu Jayasuriya, MP where the OPA was represented by its General Secretary. A report was drawn up by the Citizens’ Consultation but it lay dormant till 2000 when a first draft of the 17th amendment was made.
After further consultation with an Expert Committee where three Senior Deputy Inspectors-General assisted in Police matters, a preliminary draft was presented by the OPA to the political parties. But what ultimately came out in Parliament on October 3, 2001 was something entirely different from the OPA draft. Even then, out of all the Institutions set up under the 17th Amendment, the National Police Commission was the most criticized by the politicians in the ruling party. If not for the JVP who put pressure on the PA Government, the 17th Amendment would not have seen the light of day even in this form.
Nevertheless, the Amendment wittingly or unwittingly introduced some of the measures contained in the recommendations made by the Basnayake Police Commission and the Jayasighe Committee. One of the major recommendations of the Basnayake Commission was the establishment of a separate Police Service Commission outside the jurisdiction of the PSC with an amendment to the Constitution. The 17th Amendment has already taken this step. It has also met the condition set by Jayasinghe Committee that the Police Service Commission be appointed by a Constitutional Council.
One of the other major conditions set by the Basnayake Police Commission was the Security of Tenure of the Inspector-General. It said that “An Inspector-General who has reached the age of optional retirement or has only a few years to reach that age is haunted by the fear that if he does not please those in power he may be retired either at once or the moment he reaches the age of optional retirement.” They pointed out that the head of so important a department being haunted by such fear in the performance of his very responsible duties is not in the public interest. The Basnayake Commission, therefore, recommended that the Inspector-General should be protected against the irresponsible exercise of the power of removal.
This safeguard is now provided by the Amendment under Article 41C by way of subsequent legislation in the form of Act No. 5 of 2002 which stipulates that the Inspector-General (amongst others) shall not be removed from office except following the procedure laid down in the Act. But, the power of grating extension of service is still in the hands of the President. That has not changed and the Amendment is silent on the matter. So, he will continue to be haunted by the fear of the threat of retirement and that fear will continue to hang over the incumbent like the ‘Sword of Damocles’ in the future as well if steps are not taken to rectify this situation sooner than later.
Therefore, it will not be a matter of surprise if he continues to secure his position by pleasing those in power to stay in office despite the many safeguards provided to bring the status quo back to square one. The amendment had several other deficiencies as well (for a detailed discussion on the subject, refer to the original article written by the same author, titled ‘Police. Politics and the 17th Amendment’ published in OPA Journal Vol.22 – May 2007).
Even if this fear is effectively removed through Constitutional Amendment, recent experience has shown that this argument is somewhat flawed in the present context of things considering the tendency some incumbents have shown to overreach their term to secure their position so that they could continue to remain in office even after reaching the age of retirement. The temptation not only to prolong his stay in office as long as possible but also to try and secure high office even thereafter has been reinforced by the recent practice of the governments offering prestigious postings abroad to the retiring Inspectors- General.
This encourages a ‘you scratch my back and I scratch yours’ kind of attitude. It also vitiates all the good intentions contained in the legislation designed to ensure the impartiality of the police by securing the tenure of the Head of the Department. The remedy may, therefore, lie in the appointment of the IGP for a fixed period of the contract, say for 3-4 years (as was the practice previously but discontinued later) with a ‘Retirement Package’ that will enable him to live comfortably without the lure of extensions beyond retirement age, ambassadorial postings or another high office so that he could do his duty by the people.
These, however, are safeguards against an IGP in office. What are the safeguards against the chances of an unscrupulous aspirant getting into office through political lobbying? This has often remained an open question probably until the next IGP stakes. So, safeguards have to be built not only against undue political pressure on the incumbent IGP but also against aspirants from getting to the top post through political lobbying. All other safeguards that have been proposed would be set at naught for having secured the post through lobbying it will be natural for the incumbent to feel obliged to his political Godfathers to ensure he continues in office.
So, when we are discussing ways and means of building public confidence in the police, what should be uppermost in our minds is not only an ‘Independent Police Commission’, but also an independent Head of the Police who by the circumstances of his appointment alone can infuse confidence in the public. Selection procedures (similar to the appointment to the post of Vice Chancellor) that are transparent enough to infuse public confidence in the appointment of the Inspector General have to be put in place in the future towards this end, without delay. Therefore, the need of the hour is not to rush with deadlines for reasons of expediency but to study the problem in-depth and bring meaningful reforms that will restore public confidence in the police, in due process, and in democracy.
Conclusions
The various Commissions on Constitutional Reforms from Colebrook-Cameron to Soulbury and several Police Commissions/Committees on Police Reforms such as Basnayake Police Commission, Subasinghe Committee, and Jayasinghe Committee on Police Reforms have all repeated the ill effects of political interference in the functioning of Police (one of the watchdogs of Democracy) ad nauseam and at great length.
But the provisions in the 1972 Republican Constitution concerning transfers, promotions, etc. of the public officers and its repetition in the next constitution in 1978 demonstrated the determination that has taken the better of politicians of all hues in this country against saner counsel opposing undue political interference in government affairs. Then came the 18th Amendment putting the clock back on all that has been achieved by the 17th Amendment. It simply demonstrated the obstinacy of those in power wanting to politicize everything under the sun.
The outcome of this undue political interference is a Police that is servile, inefficient, corrupt, and pliable that has lost Public Respect. Having lost their Legitimacy in the eyes of the Public they have forfeited their right to Public Support and their Respect for the Law (and the Police themselves). What is therefore at stake is not only the legitimacy of the Police but the very legitimacy of the government itself putting Public Security in jeopardy. That is why people have taken the Law into their own hands and resorted to mass action.
This is an ominous trend that needs to be remedied without delay. What is at stake is the legitimacy of all governments as could be seen from the peoples’ ‘uprisings’ in the form of protests, demonstrations, violence, etc. which are only symptoms of the deep malaise. Police are the bulwark of a democracy. If the Police fail all else will fail in a democracy. Playing with police is playing with fire. Therefore, it is time that civil society woke up from its slumber and take timely steps without waiting to shut the stables after the horses have bolted
Features
Sri Lankan Airlines Airbus Scandal and the Death of Kapila Chandrasena and my Brother Rajeewa
The death of Mr Kapila Chandrasena (KC), the former CEO of SriLankan Airlines, caused quite a stir in the country. A few politicians, particularly from the opposition, tried to take advantage of the confusion surrounding his death, whilst social media went into a frenzy, with everyone having a theory as to the cause of death.
Even Transparency International Sri Lanka (TISL), the independent anti-corruption watchdog, issued a public statement urging the Government to ensure a full, transparent, and credible investigation into the circumstances surrounding Kapila Chandrasena’s (KC’s) death. TISL further emphasized that the Government bears a responsibility to protect the integrity of the judicial process and to ensure that individuals connected to high-profile investigations are able to participate in proceedings in a safe and secure environment.
While such concerns are understandable, I strongly believe that it is necessary to await the findings of the magisterial inquiry before reaching conclusions regarding the cause of death. To speculate irresponsibly, particularly to fit pre-existing political beliefs, is unfair not only to the deceased but also to his grieving family and loved ones.
First and foremost, I wish to convey my sincere condolences to the family of KC. I understand personally the trauma and anguish associated with losing a loved one unexpectedly and under tragic circumstances.
My brother’s death
Unfortunately, the death of KC also resulted in renewed interest in the death of my brother, Rajeewa Jayaweera, in June 2020. Some individuals on social media attempted to link his death to the newspaper article he published on the Airbus scandal involving SriLankan Airlines, KC and his wife.
Some people even circulated photographs of my brother’s body at the site of the incident across social media platforms. This was deeply insensitive and extremely distressing to my sisters and me. The loss of a sibling under tragic circumstances is something from which one never fully recovers. It took our family years to come to terms with his passing, and to have those painful images resurfaced in connection with an entirely unrelated event reopened old wounds unnecessarily.
On behalf of my sisters and myself, I wish to state unequivocally that my brother, Rajeewa Jayaweera, took his own life in June 2020 due to personal circumstances. His death had absolutely no connection whatsoever to his writings regarding the Airbus scandal. Neither the Rajapaksas, nor any political actor, nor any state agency was involved in his death. The magisterial inquiry into the matter returned a verdict of suicide.
Those who know me personally are aware of my forthright and combative nature. Had there been even the slightest credible suspicion surrounding my brother’s death, I would never have rested until justice was pursued. Since this was clearly established as a case of suicide, I sincerely hope that those who continue to circulate unfounded theories will finally allow the matter to rest with dignity.
The Sri Lankan Airbus scandal
The alleged payment of a USD 2 million bribe by Airbus SE to a shell company established in Brunei by the wife of a senior SriLankan Airlines official came to light following the approval of a Deferred Prosecution Agreement (DPA) between the UK Serious Fraud Office (SFO) and Airbus SE.
The DPA was approved on January 31, 2020 by Dame Victoria Sharp, President of the Queen’s Bench Division, sitting at the Crown Court in Southwark. The award represented one of the largest global anti-corruption settlements in modern corporate history.
The Airbus investigation by the SFO extended far beyond Sri Lanka. It involved allegations of bribery and corrupt practices linked to aircraft purchases by AirAsia and AirAsia X in Malaysia, SriLankan Airlines, TransAsia Airways in Taiwan, PT Garuda Indonesia, Citilink Indonesia, and military aircraft transactions involving the Government of Ghana.
The approved judgment contained specific references to the SriLankan Airlines transaction (page 12, points 41 to 44). It alleged that Airbus employees, contrary to Section 7 of the UK Bribery Act 2010, failed to prevent bribery involving individuals connected to the airline’s aircraft procurement process between July 2011 and June 2015.
According to the Statement of Facts, Airbus engaged the wife of an individual connected to the aircraft acquisition process through a shell entity described as “Company Intermediary 1”. Airbus employees allegedly offered up to USD 16.84 million in commissions in relation to SriLankan Airlines’ purchase of ten Airbus aircraft and the lease of four additional aircraft. Ultimately, only USD 2 million was allegedly paid.
The judgment further stated that Airbus employees sought to disguise the identity of the beneficial owner behind the intermediary company and misled the United Kingdom Export Finance Agency (UKEF) regarding the intermediary’s qualifications, aviation experience, and role in the transaction.
The smoking gun from Sri Lanka that commenced the UK SFO investigation
The matter became particularly significant because it was the concerns raised by UKEF regarding the SriLankan Airlines intermediary that ultimately triggered the wider SFO investigation into Airbus. UKEF questioned why an individual with little aviation experience and who was domiciled outside Sri Lanka had been engaged as a business partner in such a major transaction.
Airbus reportedly provided misleading and inaccurate responses to those concerns in February 2015. Unsatisfied with the explanations provided, UKEF escalated the matter, which subsequently contributed to the formal investigation launched by the SFO in July 2016.
Ironically, what appears to have been a poorly concealed and amateurishly structured bribe involving SriLankan Airlines ultimately became one of the catalysts for a global corruption investigation that resulted in Airbus paying penalties approaching EUR 4 billion across the United Kingdom, France, and the United States.
Under the settlement approved in the UK, Airbus agreed to pay approximately EUR 991 million into the UK Consolidated Fund, including disgorgement of profits and financial penalties. Simultaneously, French and American authorities imposed additional penalties amounting to nearly EUR 3 billion.
Aircraft procurement and corruption
The Airbus matter once again highlighted a longstanding global reality: aircraft procurement has historically been highly vulnerable to corruption. The purchase of aircraft involves enormous financial values, complex financing arrangements, confidential negotiations, intermediaries, export credit agencies, and political influence. These factors create conditions for improper payments and abuse of authority.
Globally, there have been numerous allegations over several decades involving commissions, hidden intermediaries, and questionable consultancy agreements linked to aircraft purchases by both commercial airlines and governments. It is generally believed that the average commissions paid are between 3% to 5% of the order value.
The cost to Sri Lankan taxpayers
One of the most undesirable aspects of the Airbus affair is the financial burden ultimately borne by ordinary Sri Lankan taxpayers.
In 2015, the Government of Sri Lanka decided to cancel the order for four Airbus A350 aircraft as they were deemed unsuitable. As a consequence of that cancellation, SriLankan Airlines incurred penalties estimated at approximately USD 140 million, equivalent to roughly Rs. 19.2 billion at the time.
While Sri Lankan taxpayers absorbed these enormous losses, the United Kingdom taxpayers benefited financially from the Airbus settlement. The UK Consolidated Fund received almost EUR 1 billion arising from the penalties imposed on Airbus.
The contrast is stark. Sri Lanka suffered substantial financial losses as a result of a transaction tainted by allegations of corruption, while foreign governments received the benefit of the resulting fines and penalties.
The questions raised by my brother
My late brother, Rajeewa Jayaweera, wrote an article about the Airbus scandal in an article published in the Sunday Island on February 16, 2020, titled “SriLankan Airlines Airbus Deal”. In the article, he referred to a SriLankan Airlines Board meeting held on October 27, 2016.
According to his article, Board Minute 7.3 dealt specifically with reports that Airbus was under investigation in Europe for bribery-related offences. Rajan Brito, who was then a director of the airline, reportedly informed fellow board members about the investigations and tabled draft letters intended for Airbus, Rolls-Royce, and AerCap.
Those draft letters reportedly suggested that the aircraft transactions may not have been based solely on commercial considerations and sought information regarding the role of facilitators and intermediaries.
However, according to my brother’s article, Brito’s proposal to send those letters was reportedly ignored on the basis that the airline was negotiating favourable terms to cancel aircraft purchase commitments and that sending such letters might sour relations and disadvantage the airline.
However, my brother believed that the decision not to proceed with Brito’s letters was controversial and highly questionable, and that the airline could have sought the assistance of the PNF (Parquet National Financier) to investigate the deal and seek financial restitution, given that the order was allegedly tainted by corruption, particularly given the emerging evidence of corruption surrounding the transaction.
Even today, an important question remains unanswered: did the Government of Sri Lanka or any subsequent board of SriLankan Airlines seriously attempt to recover the USD 140 million cancellation penalty, along with any inflated amounts paid after the global corruption findings against Airbus became public?
The slow pace of Sri Lankan justice
Following the public release of the UK judgment on January 31, 2020, Sri Lankan authorities moved relatively quickly to initiate legal proceedings against KC and his wife.
On February 4, 2020, arrest warrants were reportedly sought. On February 6, 2020, KC and his wife surrendered to the Criminal Investigation Department (CID) and were remanded until March 4, 2020, when they were released on bail.
The allegations reportedly related to accepting a USD 2 million bribe and engaging in money laundering activities. Press reports also indicated that travel restrictions had been imposed.
However, six years later, the matter still appears unresolved. Based on publicly available information, indictments were reportedly filed before the Colombo High Court in 2022. Since then, several hearings dealing with procedural and preliminary issues have reportedly taken place, but the substantive trial itself has yet to properly commence. With KC now deceased and reports suggesting that his wife may have absconded, the prospects of successfully prosecuting the matter appear increasingly uncertain.
Many Sri Lankans understandably feel frustrated by the slow pace at which corruption-related cases proceed through the judicial system. This frustration is particularly acute where allegations involve politically connected individuals or transactions involving massive losses to the public.
The public perception is that investigations move slowly, prosecutions are delayed for years, and accountability is often ultimately avoided through procedural delays, political changes, or the passage of time.
To be fair, corruption cases involving international financial transactions are inherently complex. They require cooperation between multiple jurisdictions, access to banking records, mutual legal assistance processes, forensic accounting, and substantial documentary evidence. Nevertheless, the extraordinary delays contribute to growing public cynicism regarding the administration of justice.
It is also worth noting that the UK proceedings against Airbus did not publicly identify KC by name. Much of the public discussion in Sri Lanka has therefore relied on local investigations and media reporting rather than the UK judgment itself.
According to information available in the public domain, the alleged funds connected to the USD 2 million payment ultimately found their way into an Australian bank account linked to KC. Given the reputation of Australian authorities for cooperating with international law enforcement investigations, many members of the public expected a faster and more decisive legal process in Sri Lanka.
In that context, a detailed public explanation by the Attorney General’s Department regarding the legal and evidentiary challenges affecting the case may help improve public understanding and confidence.
SriLankan Airlines: A continuing national burden
The Airbus controversy cannot be viewed in isolation from the broader failures surrounding SriLankan Airlines over several decades.
The national carrier has accumulated debts estimated at approximately USD 1.2 billion, equivalent to nearly Rs. 350 billion. This translates to a burden of roughly Rs. 16,000 per Sri Lankan citizen, including millions who have never travelled on the airline.
Successive governments have interfered extensively in the airline’s operations. Political appointments, weak governance, lack of commercial discipline, and poor strategic decision-making have contributed significantly to the airline’s decline.
Far too often, individuals lacking meaningful aviation expertise have been appointed to key board and management positions. Political loyalty has frequently taken precedence over competence and experience.
The decision to terminate the management and ownership partnership with Emirates remains one of the most controversial episodes in the airline’s history. Many industry observers believe that decision alone cost Sri Lanka billions of rupees in lost opportunities and operational deterioration.
Despite repeated financial losses and mounting taxpayer burdens, very few individuals have ever been held accountable for the disastrous decisions that contributed to the airline’s decline.
The current Government faces an unavoidable reality. SriLankan Airlines cannot continue indefinitely as a financially unsustainable state enterprise funded by taxpayers already struggling under severe economic hardship. Decisions regarding the future of the airline must be guided by commercial reality rather than political ideology or emotional nationalism.
Ultimately, the Airbus scandal is not merely about one individual or one alleged bribe. It reflects deeper structural weaknesses involving governance, political interference, accountability, and institutional failure within Sri Lanka.
Sadly, a relatively young man has now lost his life amidst these events and controversies. Regardless of the allegations against him, that remains a human tragedy. At the same time, the country must continue to demand transparency, accountability, and institutional reform so that such scandals are never repeated.
(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).
By Sanjeewa Jayaweera
Features
High stakes and hidden hands: Navigating the maze of electronic financial fraud
Electronic or digital financial fraud is the current, extremely distasteful description of a blight that has hit the entire globe; a menace that is perpetrated through an unbelievable labyrinth of interconnected dishonourable and nasty manoeuvres. In an era where our financial lives are increasingly becoming digital, the “perfect financial crime” no longer requires a getaway car. It just needs a high-speed internet connection and stupendously brilliant, depraved and Machiavellian minds.
Modern scams have advanced far beyond the poorly spelt emails of the past. They are now extremely sophisticated operations exploiting psychological manipulation and deep-fake technology. Financial fraud has evolved from simple street-level deception into a complex, multi-billion-dollar industry. It has been manipulated through many different currencies in different parts of the world. In Sri Lanka, the landscape of scams has shifted from traditional “pyramid” schemes to sophisticated digital heists and institutional bond scandals that threaten the very fabric of our national economy. From an international outlook, financial fraud is becoming increasingly transnational. Sri Lanka is currently under intense scrutiny by the FATF (Financial Action Task Force). Sri Lanka falling onto the “Grey List” again would have severe repercussions, potentially causing international banks to suspend payments to the island, severely upsetting our exporters.
The financial fraud profile of Sri Lanka has gone from “Bonds” to “Glitches”. Our country has been rocked by high-profile financial irregularities that serve as a stark warning about institutional integrity. First was the Treasury Bond Scandal. Often cited as the largest financial scam in the nation’s history, the Central Bank bond issuance of 2015 highlighted the risks of Insider Trading and the manipulation of government securities. The fallout cost the public billions of rupees, demonstrating how high-level collusion can bypass traditional safeguards.
The recent problem where the Treasury remitted a very large amount of foreign currency to a different portal to which money should not have been sent is a special type of Financial Fraud problem that seems to have been instigated by a deceptive email. It is under investigation at present, and it appears that it is the money that had been earmarked for foreign debt reconciliation. It is the taxpayers’ money that has been allowed to be swindled by unscrupulous crooks.
Then there is the National Development Bank (NDB) “Glitch” Controversy.
The entire banking sector was shaken to its roots by reports of a massive multi-billion-rupee fraud at the NDB. This incident, often referred to in local circles as “The Glitch,” involved the alleged diversion of funds through a sophisticated manipulation of the bank’s internal accounting systems.
Then there are the perceived Guardians, who often serve as Whistleblowers. The fight against such deep-seated corruption rarely begins with a regulator; it often starts with an individual. It is just someone who smells a rat. Maya Senanayake, a forensic expert at NDB, has emerged as a symbol of integrity in this landscape by identifying anomalies that others chose to ignore. Whistleblowers like Senanayake face immense personal and professional risks. Their role is a “Herculean effort”, very often battling institutional stonewalling to bring the truth to light. Without such individuals, “Suspense Account” spikes and “shell-company diversions” would remain invisible to the public eye.
Having mentioned just two of the buzz phrases in circulation, given in Italics above, it is pertinent to provide definitions for some of these phrases that are being bandied about very frequently in articles on the main subject of this article.
· SCAM – It is a fraudulent scheme or deceptive act performed by an individual or group to trick a victim into giving up something of value, typically money, personal information, or assets. It is a blatant lie or a misrepresentation of the truth. Unlike theft (where something is taken by force), a scam usually involves the victim “willingly” handing over assets because they believe the fraudster’s story. Scams often rely on psychological manipulation, such as creating a sense of urgency, fear, or the promise of a “too good to be true” reward.
· HACKERS –
The term has evolved significantly and carries different meanings depending on the context. In the broadest sense, a hacker is someone who uses technical skills to overcome a problem or bypass a system’s limitations. The cybersecurity industry generally classifies hackers by their intent, often using a “hat” colour system.
The White Hat Hackers are an ethical group that is hired to detect vulnerabilities. They are legal and helpful as they improve security by reporting bugs.
The Black Hat Group are cybercriminals who break into systems illegally. They are malicious, steal data, plant malware, or disrupt services.
The Grey Hats Individuals who may break laws to access a system, but without malicious intent. They are individuals who might find a bug without permission and then offer to fix it for a fee.
· MONEY LAUNDERING – It is the process of “cleaning” illicitly-earned money by passing it through complex bank transfers or commercial transactions.
· TREASURY BOND –
A government debt security that provides a fixed interest rate. Manipulating these affects the nation’s debt and interest rates.
· WHISTLEBLOWER –
It is an “insider” who reports and even makes public, concealment of illegal or unethical activities within an organisation to the public or relevant authorities.
· SUSPENSE ACCOUNT –
A temporary account used to hold funds while their final destination is determined. These are frequently used in fraud to “hide” money during transfers.
· SHELL COMPANY –
No., NO…, it is not the Shell Company that deals with fuel. This terminology refers to a company that exists only on paper and has no active business operations. It is very frequently used to obscure the identity of those moving money. They become “Ghosts”.
· FORENSIC AUDIT –
An examination of financial records to find evidence that can be used in a court of law or for legal proceedings.
When one examines some of these frauds and scams, it becomes clear that at the bottom of the distasteful occurrences lie systemic inadequacies. Scrupulous attention to all details of financial transactions, trustworthy and fool-proof systems dealing with financial transactions, utmost vigilance and a very high degree of suspicion are the incontrovertible needs of the hour. The powers-that-be in all things that deal with financial transactions must consist of people with unblemished honesty, unbridled integrity and honour.
International best practices now emphasise a shift from “rules-based” to “risk-based” oversight, even going to the extent of utilising Artificial Intelligence (AI) to detect suspicious patterns in money laundering and financial fraud that a human eye might miss.
For individuals and the general public, the Three Golden Rules for Protection are as follows”
· Demand Transparency:
Whether you are an investor or a depositor, always ask for the audited financial statements of the institution.
· Verify the Chain:
In government securities, ensure you are dealing through registered primary dealers.
· Support Protections:
Advocate for stronger Whistleblower Protection Acts to ensure that those who speak the truth are not penalised by the system they seek to save.
The trick is to protect ourselves from the Invisible Thief by protecting ourselves from Modern Scams. Here is a breakdown of the most prevalent threats today and how to safeguard your assets.
A. The “Urgent Authority” Tactic
Scammers often impersonate trusted institutions such as banks, financial institutions, tax offices, or law enforcement. They create a sense of artificial urgency, claiming your account has been compromised or you owe an immediate fine.
· The Red Flag: Any request to move money to a “safe account” or pay via untraceable methods like gift cards or cryptocurrency.
· The Defence:
Hang up immediately or delete the message if it is on email. Contact the institution using a verified phone number from their official website or the back of your bank card to check the veracity of the request.
B. Investment and “Get Rich Quick” Schemes
With the rise of digital assets, “pig butchering” scams have become rampant. Fraudsters build a relationship with the victim over weeks (the “fattening”) before suggesting a “guaranteed” investment opportunity in crypto or forex (the “slaughter”).
· The Red Flag: Returns that consistently outperform the market with “zero risk.”
· The Defence:
If an investment opportunity sounds “too good to be true”, it almost always is. Professional financial advisors do not solicit clients via WhatsApp or dating apps.
C. Phishing and Smishing (SMS Phishing)
These are deceptive messages designed to steal login credentials. You might receive a text stating a package delivery failed, or your Netflix subscription has lapsed, followed by a link to a “login” page that looks identical to the real thing.
· The Red Flag: Unusual URLs (e.g., wellsfarg0.net instead of wellsfargo.com) and unexpected attachments.
· The Defence:
Never click links in unsolicited messages. Use Multi-Factor Authentication (MFA) on all sensitive accounts; even if a thief gets your password, they won’t get the secondary code.
4. The AI Impersonation (The Grandparent Scam)
Advancements in AI voice cloning allow scammers to mimic the voice of a loved one in distress. They may call claiming to be in a car accident or legal trouble, begging for immediate funds.
· The Red Flag: High emotional pressure and a demand for secrecy.
· The Defence:
Establish a “family password” – a unique word or phrase only your inner circle knows. If the caller cannot provide it, they are not who they say they are.
The Three Golden Rules for Financial Safety are
· Slow Down and Do Not Get Frightened:
Scammers rely on panic. Taking five minutes to think or consult a friend usually breaks the spell of the scam. It is also important to realise that some scammers try repeatedly.
· Verify the Source:
Never trust Caller ID, as numbers can be easily “spoofed” to look local or official.
· Protect Your Data:
Be wary of how much personal information you share on social media. Scammers use these details to make their impersonations more convincing.
Your bank will NEVER EVER ask for your Personal Identification Number (PIN), your Account Password, One-Time-Password (OTP) or request you to transfer money to an entirely new, unknown account. If any such request comes, do not fall for it and immediately contact the institution through their standard publicised telephone lines to check on the veracity of the request.
If you suspect you have been targeted, report it to the bank or financial institution, your local authorities and the legal investigative portals…, IMMEDIATELY.
(Some of the material presented
in this article was extracted with the help of AI.)
by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
An independent free-lance correspondent.
Features
In Memory of Professor M S M Mookiah
The passing of Professor M S M Mookiah is a great loss to the National Peace Council of Sri Lanka and to all who knew him. He was a steadfast supporter of our mission of peacebuilding and our commitment to inclusion and justice for all communities. Since 2006 he has served loyally as a member of the NPC Governing Council and Board, bringing to our work the benefit of his long experience in public life and academia. He believed deeply in the possibility of healing divisions through dialogue and understanding. What gave him satisfaction was participation, service, and the opportunity to contribute to a better future.
Professor Mookiah was an alumnus of the University Peradeniya, a Commonwealth Scholar at the University of Wales, Institute of Science and Technology, Cardiff and returned to Peradeniya and served and Head Geography at the University of Peradeniya. Subsequently he served as Vice Chancellor of Eastern University, Sri Lanka and later as a member of the Public Service Commission of Sri Lanka. He carried these responsibilities with dignity and humility. Even after retirement, there was nothing he enjoyed more than travelling to distant parts of the country to meet people and discuss the challenges of reconciliation and post war reconstruction. He believed strongly in dialogue, coexistence, and the possibility of building a more just society focusing on subjects such as Pluralism, Transitional Justice, Social Cohesion and Reconciliation.
His scholarly contributions were not merely academic but deeply rooted in social justice. He acted as a catalyst and inspiration for thousands of students, particularly helping students from Hill Country enter higher education. He mentored thousands of students and stood as a primary source of inspiration for students from Hill Country to break barriers and enter the sphere of higher education. He remained deeply loyal to the hill country where he was born and to the Malaiyaha Tamil community whose advancement he quietly supported throughout his life.
He understood the hardships faced by plantation families and the barriers confronting young people seeking higher education. One of his most meaningful contributions was the scholarship scheme he initiated in 2014 together with his brother Dr S. Kanapathyraja. Through the support of the Rotary Club of Carmarthen in Wales and later other well-wishers abroad, the scheme enabled university students from plantation communities to pursue higher education. It continues to this day and stands as a lasting part of his legacy.
Professor Mookiah was also a warm and gracious friend. He and his wife welcomed us into their home with generosity and kindness and shared the chocolates his sons brought when they visited from abroad. In later years he spent long periods with family in Switzerland, the United States, and India, where his ashes now lie. But his life’s work belongs to Sri Lanka, to its universities, to the students he inspired, to the communities he served, and to the cause of peace and reconciliation to which he remained committed throughout his life. His presence will remain with us at NPC in his work of peacebuilding, in the scholarship scheme he helped create, and in the memories of all who had the privilege of knowing him.
We offer our prayers for his soul to rest in peace and extend our heartfelt condolences to his family, friends, and the thousands of students grieving this great loss.
By National Peace Council of Sri Lanka
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