News
X-Press Pearl disaster: Owners refuse to abide by SC order
Singapore headquartered X-Press Feeders has refused to abide by Sri Lanka’s Supreme Court order made in July that the company pay an ‘initial’ US$1 billion in damages within a year to Sri Lankan authorities, with the first tranche of US$250 million to be paid by 23 September.
The SC also ordered the company “to make such other and further payments” in the future as the court may direct for causing the country’s worst environmental disaster.
The AFP quoted Chief Executive Shmuel Yoskovitz as having said that the damages wouldn’t be paid for causing Sri Lanka’s worst case of environmental pollution. The AFP, in an exclusive interview, further quoted him as having asserted that paying would have wide-ranging implications on global shipping and set a dangerous precedent.
The company operated the Singapore-registered container ship MV X-Press Pearl that sank off the Colombo Port, in June 2021, following a fire – believed to be caused by a nitric acid leak – that raged for nearly two weeks.
Its cargo included 81 containers of hazardous goods, including acids and lead ingots, and hundreds of tonnes of plastic pellets.
The ship was refused permission by ports in Qatar and India to offload the leaking nitric acid before it arrived in Sri Lankan waters without informing authorities here of the grave hazard it was carrying.
Tonnes of microplastic granules from the ship inundated an 80km stretch of beach along Sri Lanka’s western coast. Fishing was prohibited for months.
Despite its willful negligence in bringing in a dangerous vessel to our waters without any warning, X-Press Feeders Chief Executive Shmuel Yoskovitz has rejected the open-ended nature of the penalty.
“We are not paying because the whole base of maritime trade is based on the limitation of liability. This judgment undermines this limitation of liability.”
“Any payment towards the judgment could set a dangerous precedent for how maritime incidents will be resolved in the future,” he said.
Yoskovitz said the absence of limitations could lead to higher insurance premiums, which would be ultimately passed on to consumers.
The CEO again apologised for the incident, saying the company recognised the disaster and was trying to make amends.
He said X-Press Feeders had already spent US$170 million to remove the wreck, clean up the seabed and beaches, and compensate affected fishermen.
“We are not trying to hide… We are willing to pay more, but it has to be under certain marine conventions and an amount that is full and final, and then it can be settled, and we can move on,” he said.
“But to live under this hanging guillotine – it is simply impossible to operate like this.”
Meanwhile, the Supreme Court has scheduled a hearing on 25 September about the implementation of its decision.
One of the petitioners who sought compensation for the pollution has called for further research to determine the full extent of the damage to the island’s marine ecosystems.
It remains unclear how Sri Lanka’s Supreme Court could enforce its decision.
However, in its 361-page decision, in July, the court ordered police and the state prosecutor to initiate criminal proceedings for non-compliance if the parties were present in Sri Lanka.
Yoskovitz expressed concern over the ship’s Russian captain Vitaly Tyutkalo, who has been banned from leaving Sri Lanka for more than four years, as well as the company’s third-party agents there.
The firm had offered to pay a fine for the skipper’s release, but this was refused, according to Yoskovitz.
X-Press Feeders obtained an order from London’s Admiralty Court in July 2023, limiting its liability to a maximum of £19 million (S$32.9 million), but Sri Lanka has challenged that.
The Sri Lankan government also filed a lawsuit against the ship’s owners in the Singapore International Commercial Court. But that has been stayed pending the result of the case in London, with a pre-trial hearing expected in May 2026.
News
Harsha flays govt. over plan to pass coal, Treasury losses to public
Chairman of the Public Finance Committee Dr. Harsha de Silva, MP, yesterday (31) said that the National People’s Power (NPP) government was going ahead with a controversial move to pass on the massive losses caused by the coal scam to the public. The government also intended to recover USD 2.5 (approximately Rs 800 mn) lost by the Treasury from the people by introducing an amendment to the Budget, the Opposition lawmaker alleged.
Dr de Silva said that the government had been compelled to increase the supply of diesel for the oil-fired power plants to meet the Norochcholai generation shortfall due to the use of substandard coal.
Responding to The Island queries, the former State Minister said that regardless of repeated assurances that electricity consumers wouldn’t be burdened for the lapse on their part, the government, in writing, has assured the International Monetary Fund (IMF) to recover the losses from the public. This came to light after the IMF released the Letter of Intent submitted by the government following the completion of the combined Fifth and Sixth Reviews under the Extended Fund Facility (EFF) programme to receive USD 695 mn.
Commenting on the specific assurance as regards the upward revision of fuel prices and electricity tariffs, MP de Silva pointed out the government’s assurance of its commitment to cost-recovery pricing for fuel and electricity meant that subsidies provided to ease the burden on households and businesses would remain within budgeted limits and be phased out by the end of September 2026.
Welcoming the USD 695 mn IMF loan, MP de Silva said that in terms of the agreement between the government and the IMF, the relief would end once Rs 100 bn allocated to provide relief was spent on subsidies on fuel (Rs 57 bn), electricity (Rs 15 bn) and the rest on ‘Aswesuma’ social welfare scheme and fertiliser.
MP de Silva said that the crisis should be examined taking into consideration that Sri Lanka paid very high prices to procure fuel in the wake of the continuing turmoil in West Asia. He noted that having perpetrated a coal scam the government could not under any circumstances absolve itself of responsibility for the skyrocketing electricity tariffs.
Commenting on the Sri Lanka-IMF agreement, lawmaker de Silva lambasted the government for utterly chaotic and poor management of the economy. Severe criticism was directed at the government over the rapid depreciation of the rupee against the USD and the NPP’s pathetic performance. Amidst speculation that De Silva may switch allegiance to the NPP, the MP also posted a video in which he flayed the government alleging the NPP couldn’t take forward measures taken by former President Ranil Wickremesinghe.
MP de Silva explained how the people would end paying for the theft of USD 2.5 by way of an amendment to the Budget. The MP told The Island that assurance meant that the government acknowledged that there was no hope of recovering USD 2.5 mn though they talked of investigations and progress being made. De Silva called for a combined Opposition effort to pressure the government to act responsibly in the face of growing challenges.
The government couldn’t lie as the relevant IMF report and the government letter of intent were in the public domain, Dr de Silva said.
by Shamindra Ferdinando
News
PM opens Vesak pandals
Two Vesak pandals erected in the Colombo area to mark Vesak Poya were ceremonially opened under the patronage of Prime Minister Dr. Harini Amarasuriya.
The Prime Minister first opened a pandal depicting the Sambula Jataka, constructed by the Sri Vaishakya Society of the Borella Magazine United Traders’ Association. She subsequently attended the opening of another pandal at the Grandpass Kosgas Junction, which portrays the Samudra Vanija Jataka tale, and ceremonially inaugurated it by lighting a traditional coconut-oil lamp.
The event was attended by members of the Maha Sangha, clergy of other faiths, Members of Parliament Dr. Najith Indika, Attorney-at-Law Lakmali Hemachandra and Dilith Jayaweera, Deputy Inspector General of Police Nihal Thalduwa, former Member of Parliament Thilanga Sumathipala, and President of the Magazine United Traders’ Association Palitha Herath, among others.
News
UNP challenges NPP move to amend Vihara – Devalagam Act
The UNP yesterday said that the government did not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary had the power to interpret the Dharma, it added. The power to pass laws on disciplining the clergy had been granted to Parliament in terms of Article 105 of the Constitution, the UNP said, emphasising that the ultimate powers lay with the committees of the respective sects.
The UNP said so in response to President Anura Kumara Dissanayake’s recent speech that a concept paper had been submitted for amending the Vihara – Devalagam Act and the Cabinet had approved it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he discussed the matter with the Buddhist MPs in the Opposition.
Excerpts of the statement issued by former President Ranil Wickremesinghe’s Office: ” President Anura Kumara Dissanayake has recently publicly agreed to a call to take the same measures as previous kings in cases where the Buddhist religion is distorted under the guise of Dhamma.
Over our history we have seen some kings kill the Sangha during their reigns. The JVP also killed the Sangha in the same way during the years 1987-89.Kotikawatte Saddhatissa, Weltota Pangnadassi, Beligalle Mahinda, Kumbagoda Gnanaloka, Athurugiriya Pangnatissa, Soragune Pangnasara, Pelpola Dharmapala, Kandy Dhammarakkhitha and many other monks are included in the list of the JVP’s assassinations.
Apart from shedding the blood of the Buddha, the greatest sin that Buddhists can commit is the killing of the Sangha. The JVP has not apologised for the killings. Is it moral for the President to accept this invitation without first taking this step?
In addition to killing the Sangha, the JVP also looted valuable historical items from the monasteries and temples.
The JVP has never accepted that Buddhism should be given priority politically. The JVP has always acted against Buddhism.
A major question that arises from this is whether the JVP, which has a history of killing monks, can do such a thing after taking power. What is the hidden motive here?
Mr. J. R. Jayewardene took steps to include a separate chapter in the 1978 Constitution to take necessary measures for monks who behave undisciplined and engage in crimes. Provisions were made for the establishment of a Sangha Court to decide on the discipline of monks.
What did the NPP government done during the Sinhala and Tamil New Year? It disrupted all the auspicious signs. While the whole world was celebrating Vesak Poya on May 1st, the Vesak Poya day in Sri Lanka was postponed to a later date in order to hold political rallies.
There is no objection to taking action against unruly monks. But there is a procedure for how to discipline monks. Cabinet papers related to this should be prepared and presented to the Maha Sangha led by the Mahanayaka Theros and then a decision should be taken. Everything should be carried forward according to the existing tradition in the country.
The President has also expressed his views on taking monks to court. He has expressed such views without understanding the tradition. Taking wrong-doing monks to court in their robes is not something that only happened yesterday. Thalduwe Somarama and Mapitigama Buddharakkhita were presented to court wearing their robes for the assassination of Mr. Bandaranaike and later their robes were removed. This is not limited to monks. Father Mathew Peiris first came to court for legal proceedings wearing his robe. Accordingly, the monks who are currently acting in an undisciplined manner must also follow the same procedure that was implemented earlier.
The President mentioned in his speech that a concept paper was submitted for amending the Vihara – Devalagam Act and the Cabinet agreed to it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he had discussed this matter with the opposition Buddhist parliamentarians. This work has all been done only by the government without any consultation.
The government does not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary have the power to interpret the Dharma. The power to pass laws on disciplining the clergy has been given to Parliament under Article 105 of the Constitution. However, the final powers lie with the committees of the respective sects. At present, this work has been done by the cabinet, officials and a handful of monks of a government that does not accept Buddhism.
The temples with the most assets and properties today are in the monasteries and temples that fall under the Vihara – Devalaya Village Act. It is no secret that the Janatha Vimukthi Peramuna (JVP) is taking the position that these temples should be taken under government control. There is a strong suspicion that the Dharma Court is being created for this purpose.
An organized program to destroy Buddhism is being implemented today through government-affiliated social media. A section of civil society is also involved in it. What is always happening today is the marginalization of the Buddhist monastic-lay opinion.In the President’s speech, a reference was also made to the holding of the World Buddhist Congress in this country under the current government.
Such a situation is also indicated in the Vasala Sutta.
“Na jaccha vasalo hoti,
Na jaccha hoti brahmano;
Kammana vasalo hoti,
Kammana hoti brahmano”
Its Sinhala meaning is as follows.
“One is not a householder by birth.Nor is one a Brahmin by birth.One becomes a householder or a Brahmin by one’s actions.”
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