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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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Facilities for infected pregnant women inadequate – SLCOG

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By Rathindra Kuruwita

The distribution and availability of high-flow oxygen machines to treat Covid-19 infected pregnant women were not adequate, President of the Sri Lanka College of Obstetricians & Gynaecologists (SLCOG,) Dr. Pradeep de Silva said yesterday.

Dr. de Silva said that while they had not yet faced any lack of oxygen in treating Covid-19 infected pregnant mothers, things could change rapidly given the limited availability of equipment. “Having an adequate supply of oxygen alone is not enough. You need high flow oxygen machines, and 50 litres of oxygen per minute is needed to operate a high flow oxygen machine. I do not know how many machines we have in this country but where I work, Castle Street Maternity Hospital has about four. We need to estimate the number of these machines we require and how much oxygen we want. From my understanding, the distribution and availability of high flow oxygen machines to treat Covid-19 infected pregnant mothers is not adequate.”

Dr de Silva said that Sri Lanka needed about 50–200 high-dependency unit (HDU) beds per district, based on the population, 10–50 high flow oxygen machines per district, four for ten ICU beds and two dedicated Extracorporeal Membrane Oxygenation (ECMO) machines.

“If we get this, we will be able to deal with pregnant women who develop complications from COVID-19 for the next four to five years,” he said.

Dr de Silva said that currently one pregnant woman who has been infected with COVID-19 is receiving ECMO treatment. There is also a shortage of beds at the Mulleriyawa Base Hospital, which has the largest ward dedicated to COVID-19 infected pregnant women. On Thursday, Obstetrician & Gynaecologist, Dr Mayuramana Dewolage, who heads the ward that treats COVID-19 infected pregnant women at the Mulleriyawa Base Hospital, said that they only had 37 beds were dedicated to pregnant women with COVID-19. They didn’t have any HDU or ICU beds dedicated for their use, he said.

“We share HDU and ICU beds with other patients at Mulleriyawa Base Hospital,” Dr Dewolage said.

The President of the SLCOG also urged all hospitals to find a separate space for pregnant women who were receiving treatment at their institutions. When COVID-19 pandemic started, the Health Ministry instructed all hospitals to do so but it was now obvious that those instructions had not been followed, he said.

“When the second wave started people got ready but later, they just stopped getting ready and now we are unprepared to meet the challenges of the third wave. We need to find a way to manage this. If the Ministry of Health has not prepared a plan, we are ready to help formulate one,” the President of the SLCOG said.

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Those who had AstraZeneca first jab, should take Sputnik V with adenovirus 26 – Specialist

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By Rathindra Kuruwita

If those who have taken the first dose of AstraZeneca are to receive a second jab of Sputnik V, they should take the first Sputnik V vaccine with adenovirus 26 (Ad26), Consultant Immunologist and head of the department of Immunology-MRI, Dr Nihan Rajiva de Silva says.

Dr. de Silva said that the first dose of Sputnik had Ad 26 and the second had adenovirus-5. “Adenovirus-5 is common. We may have been exposed to that and we may have developed antibodies. Adenovirus-26 is rarer and we will better respond to that. That is why the vaccine-maker has used adenovirus-26 in the first vaccine. So, if you had a first jab of AstraZeneca and you are to get the second dose from Sputnik-V remember to get the first jab,” Dr. de Silva said.

He added that any vaccine has the chance of reducing the severity of the virus and that the general public should get vaccinated when the opportunity is available.

Dr. de Silva said that there was a shortage of AstraZeneca vaccines because the Serum Institute of India could not deliver shipments as promised.

“However, we are now getting Sputnik V vaccines and we are looking at mixing them. There is a study in Russia about the efficiency of mixing Sputnik V with AstraZeneca and the results should be out soon. I can say that theoretically mixing the two vaccines should work,” he said.

Dr. de Silva added that the AstraZeneca vaccine should work against the new variant spreading in the country.

Consultant Cardiologist at the National Hospital of Sri Lanka, Dr. Gotabaya Ranasinghe said that those with heart issues, non-communicable diseases and were obese must get vaccinated to minimise the complications of Covid-19.

Dr. Ranasinghe said that those in the above-mentioned categories were at risk of contracting, getting complications and dying of COVID-19 and research had proven that vaccination would reduce the chance of such eventualities.

“If you worry about getting vaccinated, talk to your doctor. Don’t seek advice from friends and family,” he said.

Dr. Ranasinghe added that they had limited the number of heart surgeries they do due to COVID-19. ICU beds used for heart patients too were being now allocated for COVID-19 patients. “We only do the most pressing cases. But this means that the waiting list keeps on growing. Now, the waiting list is over eight months. If we limit the surgeries more and keep taking away ICU beds available for those who have had heart surgeries, the waiting list will grow further,” he said.

The Consultant Cardiologist also advised the public to eat healthy food and engage in moderate exercises, at least five days a week. This will reduce the mental stress as well as boost the immune system. ‘We recommend moderate exercises like jogging and brisk walking, for 30 minutes, five days a week. Being healthy is as important as wearing masks or adhering to physical distancing,” he said.

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STF raids narcotics distribution centre close to Bloemendhal police station

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Acting on information received from the Organised Crime Fighting Unit of the elite Special Task Force (STF), police commandos, on Thursday (6), arrested a person running a narcotic distributing network, 1.5 km away from the Bloemendhal police station.

The STF identified the suspect as Thawasidevan Pradeep Kumar, 21, a key associate of one Suresh with links to a criminal outfit run by Kimbulaele Guna, now absconding in India.

DIG (Legal) Ajith Rohana said that the raiding party had recovered 2 kg, 22 g and 88mg of ‘ICE,’ with a street value of Rs 25 mn in addition to 4kg, 2 g and 527 mg of substance known as ‘hash,’ as well as Rs 400,000 in cash and a mobile phone.

Kimbulaele Guna is believed to have sought refuge following an LTTE attempt to assassinate President Chandrika Bandaranaike Kumaratunga at the final PA presidential election rally at the Town Hall in December 1999.

DIG Rohana said that Guna’s brother Suresh was a major heroin distributor in Colombo. The STF later handed over the suspect, along with contraband and locally made ‘hash,’ and his phone to the Police Narcotics Bureau (PNB). The raid on the heroin distribution centre situated in Aluth Mawatha, Colombo 15, followed specific information received as regards the ‘operation’ conducted with impunity (SF)

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