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Accountability issues: Zuhair challenges Sabry, demands review of position

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Former MP M.M. Zuhair, PC, has questioned the rationale behind Sri Lanka sending a delegation to forthcoming Geneva sessions as Foreign Minister Ali Sabry,PC, has declared that the government wouldn’t accept UN HRC mechanism to gather evidence on human rights violations.Zuhair told The Island that Minister Sabry’s stand should be examined against the backdrop of Sri Lanka allowing foreign agencies to inquire into 21/4 Easter Sunday attacks.

The former Ambassador to Tehran under the Mahinda Rajapaksa presidency has sent us the following statement: “At a time when the country is increasingly dependent on the assistance of foreign countries to tackle the deepening economic crisis and the steeply rising cost of living, the government must objectively address the human rights concerns alleged against Sri Lanka in the UN Human Rights Council (UN HRC) commencing sittings in Geneva.

Addressing the media in Colombo last Monday, Foreign Minister M. Ali Sabry was quoted by Associated Press (AP), that the government cannot agree to any “external mechanism, external evidence gathering mechanism, charging citizens outside the country, getting hybrid judges to come and hear the cases, all these are against the Constitution. So we can’t agree to that”.

While welcoming the Foreign Minister’s assertion that ‘Sri Lankan citizens will not be allowed to be charged outside the country’ and ‘foreign judges will not be permitted to sit in judgment over cases in Sri Lanka’, the question that needs to be raised is, how can the government delegation to UN HRC now refuse UN HRC mechanism to gather evidence of human rights violations in Sri Lanka, having in 2019 allowed foreign agencies to freely investigate 21/4 Easter Sunday attacks? That too without approval of the relevant Sri Lankan Magistrates!

As a respected lawyer, Minister Ali Sabry must surely be aware that none of these foreign non-accountable investigators were authorised by any Magistrate to visit the sites of the explosions, give instructions to the Sri Lankan investigators or to be a part of the investigative team! There were also well known locals, who were not authorised police officers and who too were allowed without any judicial approval to enter protected crime sites, talk to alleged witnesses resulting in polluted investigations. At that time, I cautioned publicly through media statements that those who allowed ‘external investigative mechanisms’ into the country following Easter attacks were virtually laying the groundwork for others to argue later to allow foreign judges to hear cases in Sri Lanka.

Then Minister of Public Security told Parliament on 19th May 2021, during the Gotabaya Rajapaksa presidency that the US Federal Bureau of Investigations (FBI) and Australian Federal Police (AFP) were conducting investigations into the Easter attacks together with the CID.

These and other similar agencies are not similar to the UN HRC gathering evidence of human rights violations. If a US Federal intelligence and security agency, whose government had been notorious for invading several Middle East and regional countries for over 40 years under various pretexts, often false pretexts, could have been allowed to investigate 21/4, what form of credible unbiased investigations could Sri Lankan investigators claim in Courts? Foreign invasion of third world countries was an issue raised by a 21/4 suicide bomber shortly prior to the reprehensible attacks!

In October 2021, British Member of Parliament Sir David Amess was killed, stabbed multiple times at his Essex constituency in the UK. Father Jeffrey Woolnough who rushed to perform the sacrament on the devout Catholic MP was refused access by the Essex Police to perform a simple religious rite. Essex Police told the priest that preserving the integrity of the crime scene was a fundamental part of any investigation and refused entry.

US author William C Chasey in his 1995 book ‘Pan Am 103-The Lockerbie Cover Up’ reveals how the “United States, Great Britain and Scotland conspired to cover up the true identities of those responsible for the world’s most heinous terrorist bomb explosions in Pan Am 103”. The doomed flight exploded in mid-air 31,000 feet over Lockerbie in Scotland killing all 270 persons on board on 21st December 1988. Chasey exposes how the FBI and the CIA tried to keep out the true story of who did it. Chasey reveals how the crime scene was prostituted to accuse Libya of Muammar Gadhafi fame and that the real master minds were others!

Will Minister Ali Sabry and co-delegate Justice Minister Wijeyadasa Rajapakse find a way to cooperate with UN HRC than confront, as that would be at present the wiser course for the country, similar to the 22 million Sri Lankans now having to take the IMF decoctions?



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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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