News
SJB: Prosecution without sufficient evidence should be stopped immediately
The SJB says that the President setting up of task forces saying one country, one law is akin to appointing a parallel government while the Ministry of Justice is taking action to minimize delays in litigations by expanding the judicial benches and digitalizing court processes.
Participating in the third reading debate on Budget 2022 under the expenditure heads of the Ministry of Justice SJB MP Eran Wickremaratne on Thursday said as per the constitutional provisions, the functions of the ministries should be carried out by the Cabinet of Ministers.
“We learned through the media that the Minister of Justice had resigned in protest against the appointment of a task force, ‘One Country One Law’ and the appointment of an unsuitable person for such task force which was uncalled for, it appears that a parallel government structure is being evolved.”
According to a report obtained from the Ministry of Justice, the number of court cases has increased from 775,617 in 2018 to 920,660 by 2020. Accordingly, it is observed that the number of cases in the courts of this country are increasing by about 10% annually, the MP said.
He said that the Attorney General’s Department has multiple roles and responsibilities. As one contradicts the other it is an obstacle to the independence and impartiality of that institution. The Attorney General is, on the one hand, is the Chief lawyer of the government and government departments, and on the other hand is the chief prosecutor. Accordingly, in his multiple roles the conflicts of interest are inevitable. The Attorney General himself appears in the Supreme Court, representing the Government on the constitutionality of the bills brought by the Government. It is the Attorney General who advises the government on the matters presenting to Parliament. Therefore, due to the multiple-role of the Attorney General’s Department, there is a huge potential for the AG’s department to become politicized. Under this backdrop, the MP stressed that Parliament has a responsibility to introduce a system that preserves the dignity of the Attorney General’s Department.
If the Attorney General’s Department continues to function in accordance with the current tasks assigned to it, it may lose its trust among the people. Therefore, the role of the AG as the Chief Prosecutor should be considered. The Attorney General recently withdrew a large number of cases of dozens of politicians. It was up to the courts to decide whether these people were guilty or not. Prosecuting politicians and later withdrawing them is something that does not happen with this frequency in other countries. This tarnishes the dignity of Parliament.
Therefore, if there is insufficient evidence in a case, the Attorney General’s Department should not rush to prosecute. The Attorney General who filed the case initially, following the change of a government goes to court and withdraw the case saying there was no evidence or on a technical basis is detrimental to the dignity of Parliament, the judiciary, the professionals and the country. Therefore, Wickremaratne urged the Minister of Justice to bring reforms regarding the responsibilities and roles of the Attorney General’s Department along with the legal reforms currently being carried out by the Ministry of Justice.
Hijaz Hezbollah, an Attorney-at-Law, has been detained for over 600 days under the Prevention of Terrorism Act. Azath Salley was detained under the PTA without evidence for about nine months. Anaf Jazeem a teacher and a poet has been detained for 18 months. The Solicitor General told the Court that there was no objection to the grant of bail for Jazeem. These arrests and detentions are being made at the behest of the authorities without sufficient evidence, to intimidate, to silence and harass opponents.
Wickremaratne called on the Minister of Justice to focus his attention on amending the PTA which was originally brought as temporary measure which is used to keep in custody innocent people over long periods of time.
News
Consumers bearing 22% tax burden despite 18% VAT claim: Dr. Harsha de Silva
Dr. Harsha points out masses are burdened with cascading taxes
While online casinos and betting roam free without being taxed
Opposition MP Dr. Harsha de Silva yesterday alleged that the actual tax burden on consumers was closer to 22 percent, despite the Government’s claim that Value Added Tax (VAT) stood at 18 percent, due to the cascading impact of the Social Security Contribution Levy (SSCL).
Speaking to the media, Dr. de Silva said the SSCL was imposed at several stages of the supply chain, including manufacturing, distribution, logistics and retail, with the additional costs ultimately being passed on to consumers.
He also criticised the Government over what he described as a delay in bringing online casinos and betting applications under the tax framework, claiming that such operators continued to earn substantial revenues without contributing taxes.
Dr. de Silva said he would closely monitor the June 30 deadline set by the Government for bringing these businesses into the tax net, and questioned the reasons behind the delay.
The Opposition MP further argued that the country’s existing tax policies had placed an unfair burden on consumers and small and medium-sized enterprises (SMEs), while allowing certain sectors to remain outside the tax system.
News
Creditor not yet paid
Apropos ‘Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds’, government sources told The Island that the payment hadn’t been made yet. Other sources, familiar with the issue at hand, said that regardless of the payments made to the tune of USD 2.5 mn to fake foreign accounts, Sri Lanka would have to settle the loans within a stipulated period or would be in default, though the due date could be altered through negotiations.
Sources explained that relevant parliamentary procedures had to be followed to make fresh payments.
News
Police launch manhunt for suspect software engineer after finding body of girlfriend in abandoned car
Police have launched a manhunt for a software engineer suspected of abandoning the body of his girlfriend inside a parked car near Teldeniya Hospital.
The deceased was identified as Shamya Darshani, 34, a physiotherapist attached to the Ampara District General Hospital.
Police said that the suspect, a resident of Gannoruwa, Kandy, had allegedly transported the woman’s body in a vehicle, left it parked near the hospital and fled. Police have appealed to the public for information leading to his arrest.
The investigation began after the victim’s brother, a resident of Kota Wewa, Thalawa, lodged a complaint with the Nuwara Eliya Police, on June 17, reporting that his sister, who had been staying at an apartment complex in Nuwara Eliya, had informed him that she had not eaten for several days.
Acting on the complaint, police searched the apartment but found it vacant. However, CCTV footage reportedly showed the suspect arriving at the apartment around 9.50 p.m., on June 16, and remaining there for about 40 minutes. The footage later showed him carrying the unconscious woman from the premises, at about 10.30 p.m. before driving away.
While Nuwara Eliya Police were investigating the disappearance, the Officer-in-Charge of Teldeniya Police received an anonymous telephone call stating that a woman’s body was inside a car, parked near the Teldeniya Hospital.
Police officers who inspected the locked vehicle found the body lying on the front passenger seat, covered with a black cloth. The vehicle was subsequently opened and the body recovered.
Further inquiries confirmed that the deceased was the woman reported missing from Nuwara Eliya.
Police investigations have revealed that the victim and the suspect had been in a relationship for about eight months. Investigators suspect that the woman had borrowed nearly Rs. 15 million from a bank and several individuals and handed the money to the suspect with plans to migrate to Canada together.
According to police, the victim had been under severe mental stress after creditors demanded repayment and the planned migration failed to materialise. She had reportedly moved into the Nuwara Eliya apartment on June 3.
Investigators said she had informed her brother that she had not eaten for three days and had also contacted a psychiatrist at the Ampara District General Hospital seeking assistance for mental distress. She had been advised to seek immediate treatment at the nearest hospital.
Her mobile phone had reportedly been switched off after 4 p.m. on June 16, prompting her brother to lodge a complaint with police.
Police also revealed that the vehicle used to transport the body belongs to another woman from the Ampara area who is also alleged to have been in a relationship with the suspect.
An open verdict was returned following the post-mortem examination, with authorities stating that the exact cause and manner of death have yet to be determined.
Further investigations are being conducted under the direct supervision of the Senior Superintendent of Police in charge of the Nuwara Eliya Division.
by Norman Palihawadane and S.K. Samaranayake
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