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JICA-BASL project controversy: Some lawyers demand thorough probe

Published

9 months ago

2024/05/31

A group of lawyers, including a President’s Counsel has said that those under investigation in connection with funds received from JICA for a particular project should step down pending the conclusion of an inquiry undertaken by a five -member committee consisting of Dr. K. Kanag-Isvaran, PC, Dr. Faisz Musthapa, PC, Ikram Mohamed, PC, Rienzie Arsekularatne, PC, and Geoffrey Alagaratnam, PC.

The following is the text of the letter addressed to the committee with copies to members of the Management Committee and Executive Committee, BASL: We write as concerned members of the Bar, upon learning of your appointment by the Bar Council on 18th May 2024 to look into the very serious and perturbing allegations pertaining to the BASL project/activities funded by the Japan International Cooperation Agency (JICA) relating to promotion of transparent and competitive business climate (‘Anti-Corruption) in Sri Lanka, as a Committee of Inquiry.

We welcome your appointment, as we believe that the appointment of a committee of respected seniors in the profession to independently and impartially inquire into the matter, is an excellent first step to ensure full accountability and protect the moral authority of the association as an honest, responsible professional body that genuinely upholds propriety, transparency and integrity in all its dealings where any serious lapses tire credibly alleged to have occurred.

The matters you are accordingly entrusted with inquiring into, entail very serious allegations of misconduct against certain BASL Office-bearers.

Such allegations warrant thorough, detailed scrutiny with a view to holding all concerned/responsible persons accountable and responsible to the fullest extent. The level of accountability imposed by the association on those Found to have breached or fallen short of the relevant standards will determine the degree of credibility and public trust the association will enjoy both within and without the profession, hereafter.

In the given circumstances, we note that it is essential that no stone is left unturned to impose full responsibility, liability and accountability and that the recommendations made are objective and duly reflect what is warranted and merited in terms of facts exposed and findings made irrespective of persons and personalities involved.

Accordingly, we note that in order to preserve the said moral authority, credibility and public trust, detailed and reasoned findings in respect of each and every person allegedly concerned, are imperative for the association to be able to properly exercise its responsibility towards the Bar, the general public and the country. Such detailed and reasoned findings would also credibly deliver vindication and fairness to any allegedly involved/concerned person/s objectively found absolved of liability in any manner or to any extent.

We also note with great concern that the Supreme Court and the general public must be great to place reliance upon the BASL to conduct honest, impartial inquiries into any alleged acts of professional misconduct for the purpose of disciplinary control of the legal profession by their Lordships of the Supreme Court. The credibility of the BASL as being suitable to be entrusted with the said role necessarily demands that the BASL leadership office-bearers should not comprise any persons who themselves credibly appear liable for breach of any professional ethics/standards in their dealings.

Therefore. due consideration and findings as to whether there is any apparent breach of applicable professional ethics/standards in terms of the Supreme Court (Conduct and Etiquette for Attorneys-at-Law) Rules 1988 by the persons concerned, remains crucial for the Bar Council and the membership to be able to determine what steps are warranted to hold those concerned accountable. We urge accordingly, that such findings are also covered in your report, for due consideration of the Bar Council and membership.

We also note with grave concern that in the given context, established norms of propriety and allegedly governance demand that all those allegedly liable or responsible for any misconduct in relation to the said project/activities involving JICA and the BASL and not inclined to voluntarily resign or step down from their positions in the association ought to be required to step down from Functioning in any office of the association forthwith, pending the conduct of the inquiry and final determination of the matter. Failure to do so, would inflict great harm on the association and its ability to claim true commitment to good governance norms. Therefore, this letter is also copied to the members of the Management Committee and Executive Committee of the association for necessary steps to be taken accordingly.

We thank you for undertaking the burden of the unpleasant duty of conducting a full, proper and fair inquiry without fear or favour into matters concerning the propriety of the conduct of colleagues at the Bar, understanding full well, how critically important it is for truth and accountability to prevail in undiluted form, given that much of the future wellbeing and legitimacy of the BASL in terms of moral authority and standing depends upon it.”

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It is our collective responsibility to build a nation grounded in unity and strength – President

Published

3 hours ago

2025/02/26

Priyan

President Anura Kumara Disanayake in his Maha Shiva rathri message said that it is our collective responsibility to build a nation grounded in unity and strength.

The full text of the message issued by the President’s media division:

Maha Shiva Rathri is a sacred and joyous occasion celebrated by Hindu devotees across the world in reverence of Lord Shiva. This divine night marks the celestial union of Lord Shiva and Goddess Parvati, as well as the powerful Tandava, Shiva’s cosmic dance of creation and destruction. It symbolises the triumph of wisdom over ignorance, dispelling the darkness of illusion and lighting the path to enlightenment.

On this auspicious night, Hindu devotees observe fasting and engage in spiritual practices, praying for the darkness of ignorance to be replaced by the radiance of wisdom. It is also a time to seek divine blessings for prosperity, peace and fulfilment in life.

The union of Shiva and Parvati is a profound representation of knowledge and power coming together. It reminds us that breaking free from the illusions of division allows us to embrace the truth with open eyes. Today, as we stand at the dawn of a new era, this message is more relevant than ever. Let us tear down the barriers that have kept us apart for generations and unite as one, casting aside discord and embracing togetherness. This is a moment to nurture interfaith harmony, celebrate our diversity and move forward with love and mutual respect, dedicating ourselves to the progress of our beloved motherland.

As we journey towards a brighter future, it is our collective responsibility to build a nation grounded in unity and strength. We are stepping into a time of transformation, embracing political, economic and social renewal, shaping a future that holds promise and hope for all.

On this sacred night, as the glowing lamps of Maha Shiva Rathri illuminate our surroundings, let them also illuminate our hearts, guiding us with unwavering faith along the path we have chosen. Let us walk forward together, hand in hand, in the spirit of peace, unity and shared prosperity.

News

USD 900,000 paid monthly for three unused SriLankan aircraft– Dy. Finance Minister

Published

8 hours ago

2025/02/26

Sahan Weerasooriya

Harshana

By Saman Indrajith

Finance and Planning Deputy Minister Dr. Harshana Suriyapperuma told Parliament yesterday (25) that SriLankan Airlines was in debt due to political interference under previous governments.

Answering a question raised by Anuradhapura District SJB MP Rohana Bandara, Dr. Suriyapperuma said that such interference had resulted in an ongoing case in international courts.

Dr. Suriyapperuma stated that SriLankan Airlines had earned notoriety for corruption not only here but also abroad.

“Currently, there is an ongoing case in an international court over claims that commissions were sought in respect of the purchase of aircraft. Aircraft have been leased at exorbitant rates, far beyond prevailing market rates,” he said, adding that the actions and decisions of past regimes over the last few decades regarding SriLankan Airlines must be taken into account when examining its debt.

Outlining the measures taken by the government to tackle the staggering debt, the Deputy Minister of Finance said that a five-year programme would be implemented from 2025 to 2030.

Dr. Suriyapperuma explained that despite the allocation of Rs. 20 billion from the 2025 Budget for SriLankan Airlines, the funds would not be utilised for the airline’s operational expenses. Instead, the management had been tasked with transforming it into a self-sustaining entity. Discussions had already begun with relevant stakeholders to restructure the debt, which includes loans obtained in US dollars.

Dr. Suriyapperuma revealed that SriLankan Airlines had been paying USD 900,000 per month in installments for three aircraft that had remained unused for several years. He added that the national carrier currently owned a total of 22 aircraft and employed 3,194 staff members in its main airline operations, along with 2,862 employees in its strategic business units.

Dr. Suriyapperuma also highlighted that the Ministry was currently evaluating those plans, with the expectation of achieving operational profitability and securing government support within the five-year period.

Suriyapperuma assured that measures would be taken to address SriLankan Airlines’ debt without burdening the public.

News

NPP govt. continues ban on Tamil organisations

Published

8 hours ago

2025/02/26

Sahan Weerasooriya

Thuyyakontha

… Easter Sunday carnage suspects among them

The government has issued a gazette extending the ban on several Tamil diaspora groups, alleging they supported “terrorism-related activities,” The Tamil Guardian has reported.

The gazette, signed by Defence Secretary Air Vice Marshal (retd.) Sampath Thuyyakontha, declared that these organisations have “repeatedly provided financial support for terrorism.” As a result, their financial and economic assets remain frozen, and Sri Lankans are prohibited from having any contact with them. Those that do risk being arrested.

The list also reaffirms the ban on 222 individuals allegedly linked to terrorism.

The organisations blacklisted by the Sri Lankan government include:

* Liberation Tigers of Tamil Eelam (LTTE)

* Tamil Rehabilitation Organisation (TRO)

* Tamil Coordinating Committee (TCC)

* World Tamil Movement (WTM)

* Transnational Government of Tamil Eelam (TGTE)

* World Tamil Relief Fund (WTRF)

* National Council of Canadian Tamils (NCCT)

* Tamil Youth Organisation (TYO)

Other organisations listed include several linked to Islamic groups, such as the National Towhead Jema’ah (NTJ) and the Sri Lanka Islamic Student Movement (SLISM).

The Tamil Guardian reported that successive Sri Lankan governments have used terrorism laws to ban Tamil organisations that continue to function openly and legally in the United States, United Kingdom, Canada, and throughout Europe. This ban, however, stifles links between these diaspora organisations and Tamils, making it a criminal offence for Sri Lankan citizens to maintain contact with them.

The reposition of the ban follows a pattern seen in previous years. In 2024, Sri Lanka renewed its prohibition of Tamil diaspora organisations, days after India extended its own ban on the LTTE. The move was widely condemned as politically motivated and an attempt to justify Sri Lanka’s military presence in the “Tamil homeland”.