News
Order to be delivered on 30 Jan.
Alleged irregularities in recruitment of State Counsel:
The order in respect of a writ petition filed in the Court of Appeal alleging irregularities in the recruitment process for State Counsel is scheduled to be made by Justice M.T. Mohammed Laffar on 30 January, 2025.
Petitioner is Attorney-at-Law M.A.A.M. Behshad, one of the affected who alleged that some of those who had been selected through interview process were replaced by certain persons with influential connections.
According to the petition, out of 800 applicants, 600 were short-listed and the rest rejected. Having selected 46 candidates, initially, the number of vacancies was subsequently increased by 38, raising the total to 78.
Among the 53 respondents were the Attorney General, the Chairman of the Public Service Commission, the former Attorney General, and the Solicitor General.
The case that had been filed on 26 Sept., 2024, and was first listed for support on 03 Oct., 2024, before Justice M.T. Mohammed Laffar and Justice P. Kumararatnam. However, Justice Kumararatnam declined to hear the case on personal grounds.
Consequently, the matter was set to be heard by a single bench. Petitioner Behshad appeared in person, while M. Gunatileke, A.S.G., appeared with M. Jayasinghe, D.S.G., and A. Jayakody, S.C., on behalf of the State.
The Additional Solicitor General has sought permission to file limited objections regarding the issuance of the notices. Limited objections were to be filed on or before 10 Oct., 2024, at the registry, with a copy provided to the petitioner. Counter-objections were to be filed on or before 16 Oct., 2024, at the registry, with a copy provided to the State. The matter was scheduled for support on 05 Nov., 2024, for notice.
On 5th November, 2024, the petitioner appeared in person. M. Gunatilleke, P.C./A.S.G. with M. Jayasinghe, D.S.G. and A. Sooryakumar Jayakody, S.C. for the 1st, 2nd, 4th to 16th and 18th to 53rd Respondents. Manohara de Silva. P.C. with H. Munasinghe for the 3rd Respondent (Sanjay Rajaratnam). The Additional Solicitor General appearing for the 1st, 2nd and 4th to 53rd respondents raised a preliminary legal objection as to the maintainability of the application stating that in view of Article 61(A) of the Constitution, the Court of Appeal has no jurisdiction to hear and determine this application.
Parties were permitted to file written submission pertaining to the forgoing preliminary legal objections. To be mentioned for written submission on 10/12/2024.
The AG’s Department had initially filed a limited objection stating that Public Service Commission couldn’t be made as respondents and again they had taken another day to file a written submission preliminary legal objection stating the same.
The court has been told that following the first interview the petitioner was placed 27 among the candidates whereas the second interview, which was chaired by the previous AG Sanjay Rajaratnam with incumbent AG Parinda Ranasinghe, Mrs.Ayesha Jinasena, Viraj Dayaratne and Mrs.Piyumanthi Peiris, pushed him down to 74th position. Petitioner questioned the basis on which he was rejected in spite of having the required qualifications and experience (SF)
News
Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds
Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.
Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.
The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.
The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.
Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.
Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.
By Shamindra Ferdinando
News
Former Minister Nalin raises defence of double jeopardy
The Court of Appeal yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.
The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.
Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.
Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.
He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.
The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.
The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.
The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.
Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.
News
UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage
The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.
In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.
According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.
The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.
Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.
The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.
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