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Prof. Peiris questions whether RW seeking moratorium on elections

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LG polls postponement indication of govt. plans

By Shamindra Ferdinando

Prof. G.L. Peiris, MP, on Monday (02), said that despite the Election Commission’s assurance that the period for nominations for Local Government polls would be announced this week, his group was suspicious of the EC’s intentions.

Addressing the media, at Nawala, on behalf of SLPP rebel group Nidahas Jathika Sabhawa, the former Foreign Minister said the EC’s assertion that it couldn’t take a contrary view in case Parliament decided to put off scheduled LG polls. Prof. Peiris was commenting on recent media reports that dealt with the EC’s possible reaction.

In spite of a split, with three small breakaway factions going independent of the SLPP parliamentary group, it still commands the majority in Parliament.

Lawmaker Peiris insisted that Parliament couldn’t, under any circumstances, intervene in this matter. Referring to some related Supreme Court decisions, MP Peiris said the scheduled LG polls could be postponed, by a referendum.

Therefore, whatever the strategies contemplated by those who were afraid of the impending LG election, fearing its outcome, it would have to be conducted, Prof. Peiris said, declaring the outcome was not difficult to ascertain.

The former minister said that there hadn’t been a previous instance of a government, here or abroad, seeking to postpone an election, citing economic difficulties.

If the Wickremesinghe-Rajapaksa government was allowed to postpone an election, on such grounds, President Ranil Wickremesinghe would seek to do the same at the next presidential poll.

The SLPP, on July 20, 2022, elected the UNP leader as the President to complete the remainder of Gotabaya Rajapaksa’s five-year term. Alleging that the incumbent administration hadn’t been able to put in place a tangible action plan, essential for economic recovery, Prof. Peiris said that Wickremesinghe would seek to postpone the presidential poll, too, citing the continuing crisis.

The next presidential poll is scheduled for Nov 2024. Without doubt, the public could expect the government to try to avoid parliamentary polls, scheduled for the following year, the ex-minister said.

The rebel SLPP MP asked whether the government was seeking a moratorium on elections as it obviously feared the electorate. The academic questioned the justification for the LG polls postponement, while squandering public funds on State Ministers. The appointment of 39 State Ministers, late last year, was quite a heavy burden for taxpayers, Prof. Peiris said, adding that if the powers that be genuinely was concerned about economic difficulties, a colossal amount of public funds wouldn’t have been allocated for State Ministers.

In terms of the Constitution, 30 Cabinet and 40 non-Cabinet ministers can be appointed.

Prof. Peiris said that the filling of 12 vacancies, remaining in the Cabinet, would make matters worse.

Alleging that the government was on a money printing spree, regardless of the consequences, Prof. Peiris said that the government seemed to have money for all its political projects, except the impending Local Government polls.

Pointing out that the government expenditure for 2023 has been estimated at Rs. 7,600 bn, Prof. Peiris questioned the difficulty in allocating Rs. 10 bn required for the election.

Reiterating his commitment for the overall Opposition plan to pressure the government to conduct the election, Prof. Peiris said that the Supreme Court would hear two cases, on January 18, filed by Opposition political parties. Prof. Peiris and General Secretary of the Samagi Jana Balavegaya (SJB) Ranjith Madduma Bandara, MP, filed one petition, while Chief Opposition Whip Lakshman Kiriella, SLFP General Secretary Dayasiri Jayasekera, TNA MP M.A. Sumanthiran, PC, and SLPP MP Anura Priyadarshana Yapa moved the SC, separately.

Except for the Elpitiya Pradeshiya Sabha, the last LG polls were held in Feb. 2018, during the Yahapalana administration. The election for the Elpitiya PS was held in Oct. 2019.

The respondents are Nimal G. Punchihewa (Election Commission Chairperson), and its members S.B. Divaratne, M.M. Mohamed, K.P.P. Pathirana and P.S.M. Charles. In addition to the EC, incumbent Premier Dinesh Gunawardena, too, has been made a respondent as he holds the Local Government portfolio.

Prof. Peiris said that in case the government moved ahead with the planned postponement, the Opposition would launch a protest campaign in Parliament, countrywide protests outside Parliament, further legal measures, and also lobby at international level.

Prof. Peiris vowed they would do everything possible to ensure the public’s right to exercise their franchise.



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Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds

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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

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Former Minister Nalin raises defence of double jeopardy

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Nalin Fernando

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.

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UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage

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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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