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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.



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Six nabbed with over 100 kg of ‘Ice’

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By Norman Palihawadane and Ifham Nizam

The Police Narcotics Bureau (PNB) yesterday arrested six suspects in the Sapugaskanda Rathgahawatta area with more than 100 kilos of Crystal Methamphetamine also known as Ice.

Police Media Spokesman, Deputy Inspector General of Police, Ajith Rohana told the media that the PNB sleuths, acting on information elicited from a suspect in custody had found 91 packets of Ice.

A man in possession of 100 kilos of heroin was arrested in Modera during the weekend and revealed that a haul of Ice had been packed in plastic boxes.

The PNB seized more than 114 kilos of Ice from the possession of a single drug network.

According to the information elicited from the suspects, more than 100 kilos of Ice were found.

The PNB also arrested six persons including two women with 13 kilos of Ice, during an operation carried out in the Niwandama area in Ja-Ela on Sunday.

DIG Rohana said the ice had been packed in small plastic boxes and hidden in two school bags.

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PM intervenes to iron out differences among coalition partners

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By Norman Palihawadane

Prime Minister Mahinda Rajapaksa yesterday said that he was confident that differences among the constituents of the SLPP coalition as regards the May Day celebrations and the next Provincial Council elections could be ironed out soon.

Leaders of all SLPP allied parties have been invited to a special meeting to be held at Temple Trees with the PM presiding on April 19.

Prime Minister Rajapaksa said it was natural for members of a political alliance to have their own standpoints and views on matters of national importance. “This is due to the different political ideologies and identities. It is not something new when it comes to political alliances world over. In a way, it shows that there is internal democracy within our alliance.

The PM said: “As a result of that the allied parties may express their own views on issues, but that does not mean there is a threat to the unity of the alliance. An alliance is more vibrant and stronger not when all the parties think on the same lines but when the member parties have different ideologies.”

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Thilo Hoffman remembered

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A copy of the book “Politics of a Rainforest: Battles to save Sinharaja” was handed over to Dominik Furgler, the Swiss Ambassador in Sri Lanka by the author of the book, Dr. Prasanna Cooray at the Swiss Embassy in Colombo last Tuesday, to be sent to the family of the late Thilo Hoffman in Switzerland.

Hoffman, a Swiss national, who made Sri Lanka his second home for six decades, was a pioneering environmental activist who led the battles to save Sinharaja from the front in the early 1970s, abreast with the likes of Iranganie Serasinghe, Kamanie Vitharana, Lynn De Alwis and Nihal Fernando of the “Ruk Rekaganno” fame. That was the era when the trees of Sinharaja were felled for the production of plywood by the then government. Hoffman was also a livewire of the Wildlife and Nature Protection Society (WNPS) for a long time. Hoffman died in 2014 at the age of 92.

The book includes a chapter on Thilo Hoffman.

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