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Johnston demands one billion rupees in damages from ex-JVP MP Wasantha

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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.”



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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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Two arrest warrants issued for Gnanasara thera

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Galagoda Aththe Gnanasara

The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.

The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.

The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.

The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.

A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.

However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.

The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.

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CA dismisses GR’s writ petition against arrest

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Gotabaya

A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.

The writ petition was rejected in limine.

In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.

Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.

Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.

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