News
Alleged procedural irregularities hold up $ 20 million court automation system project
By Hiran H.Senewiratne
The Ministry of Justice’s US$ 20 million Court Automation System/project has come to a standstill due to alleged procedural irregularities in awarding the Justice Ministry tender to select a suitable company to design, supply, implement and maintain the system. Initially, there were plans to automate 100 court houses, including the Supreme Court, Appeal Court, Commercial High Courts, Juvenile Courts and Magistrates Courts in the country. Later, the entire court system was to be automated involving the hearing process and related activities with key modules of e-filing, case management and transcription along with other related sub-modules, informed sources said.
The Minister of Justice called for suitable tenders and published them in national newspapers with terms and conditions. But when selecting them the ministry had allegedly deviated from their original scope. Some of the stipulated terms were apparently overlooked. The first phase (award of contract) of the project was expected to be completed by end 2021 as it had to utilize the budgetary allocation of Rs. 500 million before the end of the financial year, by making the 10 per cent advance payment to the selected bidder, according to the documents.
Terms were hurriedly amended allowing foreign companies to participate as joint venture partners with Sri Lankan companies, local bidders alleged. Under this project tenders were called for the Pre-Qualification stage and the Detail Bidding stage. The Ministry of Justice had published a newspaper advertisement on April 11, 2021 under the heading ‘Invitation for Pre-Qualification (PQ) of Information Systems’.
Prequalification documents clearly mentioned (clause 2.5 in page 7) that applicants of ‘only Sri Lankan firms’ are allowed to submit applications for the tender with special emphasis for development of solutions from scratch. The experience criteria given in the PQ document categorically mentioned that the experience in Information System Design as Prime Contractor, JV member or Sub Contractor for the last 5 years is essential.Another eligibility criterion was the successful completion of a minimum number of three ICT projects each valued at Rs. 100 million within the last five years.
The original closing date of May 10, 2021 was postponed to May 25 and again to June 3, 2021 while the closing time was fixed at 3 pm at the request of the bidders, the ministry said.Thirteen companies submitted PQ applications before the deadline (3 pm on June 3). One applicant, a joint venture of two local firms and a foreign company, submitted their PQ application a few minutes after the deadline.
Responding to this complaint, the ministry stated that the applicants in question whose submissions were received between 3.05 pm – 3.33 pm were accepted as they reported a technical issue on email submission at 2.56 pm.Having verified the technical issue with a technical expert team of the ICTA the application had been accepted, the ministry clarified. In order to maintain the openness and transparency of the process, a detailed response submission report with actual receipt times was sent to all applicants, upon conclusion of accepting the pre-qualification responses, it added.
News
Lanka enters new phase of prosecutions as hurdles clear
MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.
Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.
An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.
President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.
In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.
Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne
— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.
SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.
Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.
Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.
Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.
She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.
At the time, the family spokesman said she was due to return in three days.
“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.
“We have cleared the legal hurdles to press ahead with more arrests,” he said.
“We are working on a few administrative issues which will be resolved very soon.”
The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.
News
Police warn: Court evaders face property seizure
Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.
Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.
The proclamation must allow the person at least 30 days to appear before court, Police said.
If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.
This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.
News
Nearly 20 Iranian tankers stranded off Lanka amid US sanctions
Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.
According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.
The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.
The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.
Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.
The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.
Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.
Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.
Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.
The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.
Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.
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