For alleging fraud amounting to Rs 164.4 billion in the the Second Phase of the Central Expressway Chief Government Whip and Highways Minister Johnston Fernando has demanded one billion rupees in damages from former JVP MP Wasantha Samarasinghe, who recently alleged that a fraud to the tune of Rs 164.4 billion had taken place in the implementation of the Second Phase of the Central Expressway.

Minister Fernando, in a letter of demand sent through his lawyer, states that Samarasinghe made false allegations at a press conference on Feb 20 and that the latter continued to repeat the same false, malicious and defamatory allegations through various media platforms, both print and electronic.

The letter of demand by Attorney-at-Law Kasun Weerasekera  says: “I am instructed that you convened a press conference on or about 20th February 2022 under the banner of ‘Voice Against Corruption Organization’ whereby you intentionally, falsely, wrongfully, and maliciously prejudiced and defamed my client by stating that my client is in the process of committing a financial fraud amounting to Rs. 164.4 Billion during the construction of the 20km stretch of the Central Expressway from Galagedara to Rambukkana.

“Details of the said defamatory statements levelled against my client by you at the aforesaid press conference dated 20th February 2022 are inter-alia as follows; i. That tenders had been called for the construction of the aforesaid 20 km stretch of the Central Expressway from Galagedara to Rambukkana, ii. That approval of tenders for the aforesaid project are under the purview of a Cabinet Appointed Negotiating Committee designated as CANC, iii. That bids were submitted by two companies, namely a Chinese Company named Metallurgical Corporation (MCC) and a Sri Lankan Company named Lanka Infrastructure Development Consortium (LIDC), iv. That the lower bid submitted by MCC amounting to USD $ 1,050 million (Rs. 210 Billion) had been rejected by the said Committee in favour of the higher bid submitted by LIDC amounting to USD $ 1,872 million (Rs. 374.4 Billion).”

While vehemently denying the false, wrongful malicious and defamatory allegations levelled by Samnarasinghe, the Minister states that Second Phase project of the Central Expressway was still in the procurement stage and tenders have yet to be even called for the said project. Only four companies have so far subjected themselves to be assessed at the procurement stage of this project, and no such Chinese Company by the name referred to by you has submitted a proposal for the same.

The lawyer’s letter said: “In the said circumstances, I am instructed that the contents of the aforesaid statements uttered by you and given wide publicity in the print and electronic media as well as on your official YouTube and Facebook page/channel are patently false, and have been deliberately and maliciously stated by you without any evidence to shock the conscience of the public at large and cause public outrage and hatred towards my client by falsely alleging that a such colossal and unprecedented sum of Rs. 164.4 Billion has been defrauded by my client, a figure that is purportedly over ten times more than the purported loss suffered by the State due to the infamous Bond Scam of 2015- 2017 period which in itself caused significant public outrage at the time.

“Thereby I am instructed that the aforesaid false, untrue words and/or statements made by you towards my client are defamatory both per-se as well as by innuendo and have been made without lawful justification or excuse and that you published and/or caused to be published the said statements and/or words with animus injuriandi and express malice against my client.”

“Further, the said statements and/or words made by you have wrongfully, maliciously and falsely attributed bad moral character to my client and seeks to diminish his social standing among the public, in furtherance of your own ulterior and collateral political motives, while acting in gross violation of my client’s rights.

“I am instructed that my client estimates the damages caused by you to my client at One Billion Rupees (Rs. 1,000,000,000/-). In the aforesaid circumstances, I am instructed to demand from you and demand is hereby made for the settlement of said One Billion Rupees (Rs. 1,000,000,000/-) to my client within 14 days hereof.

“In the event of your failure to do so within the above said period, I have received further instructions to put you on Notice and Notice is hereby given that my Client will be instituting legal action against you for the recovery of the said total sum of One Billion Rupees (Rs. 1,000,000,000/-) together with costs of suit and Legal interest due thereof.”