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BASL gets tough with police over latest death of suspect

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The Bar Association of Sri Lanka (BASL) yesterday accused the Sri Lanka Police of being involved in an incident which has the hallmarks of an extrajudicial killing.

Commenting on the death of H. L. Lasantha alias Tinkering Lasantha on 26 November, BASL Secretary Rajeev Amarasuriya said that the incident had taken place at a time when Sri Lanka’s human rights record was under scrutiny and there were threats of consequences to the country and its economy as a result of the deteriorating human rights situation.

“On the night of 25th November 2021, Sanjaya Ariyadasa, Attorney-at-Law contacted the President of the Bar Association of Sri Lanka (BASL) to inform him that he has instructions that a client by the name of H.L. Lasantha alias Tinkering Lasantha had been apprehended by the officers of the Kalutara Divisional Criminal Investigation Bureau and that he has information that his client will be killed in custody by the police under the pretext of it happening during a shoot-out whilst being taken to show weapons,” Amarasuriya said.

After receiving this information, the President of the BASL informed what was to transpire to the Inspector General of Police via email and text message. BASL President further informed the Commissioner of the Human Rights Commission (HRCSL) in charge of Inquiries and Investigations as well as the Director Inquiries and Investigations of the Commission. As an additional measure, the President of the BASL also informed the Governor of the Northern Province Jeewan Thiyagarajah who also heads the Consortium of Humanitarian Agencies (CHA) of this information. The HRCSL and Thiyagarajah confirm that they had contacted the authorities and informed them of the complaint and requested them to intervene to ensure the safety of the suspect.

“However, on 26th November the media reported that the suspect had been shot dead while being taken to recover hidden weapons. Once again, the Sri Lanka Police is involved in an incident which has the hallmarks of an extra judicial killing. This killing comes at a time that Sri Lanka’s human rights record is under scrutiny and there are threats of consequences to the country and its economy as a result of the deteriorating human rights situation,” he said.

Given below are excerpts of the BASL statement: “The fact that not only the BASL but also the HRCSL and a senior figure from the Executive had reached out to the police to prevent a grave violation and that the killing occurred despite such interventions are matters of very grave concern. The police appear to continue to pay scant regard to previous decisions of the highest courts in the land on the need for rights of suspects to be protected whilst in the custody of the State.

“The BASL notes that previous incidents too have not been investigated properly and no action has been taken by the authorities to bring the culprits to justice leading to allegations of a climate of impunity. Such failures have resulted in the whole process of administration of justice being called into question and the loss of public confidence in its efficacy.

“Responsibility for these killings must lie not only with the persons who carried out the killings but also all those who command them and those who failed to ensure the safety and security of the suspect. The BASL calls upon the IGP to explain his failure to protect the suspect who was in police custody.

The BASL will take further steps on this matter and will keep its membership and the general public informed of the same.”



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Professionals’ National Front opposes MILCO appointment

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… questions rationale behind Basil’s actions

By Shamindra Ferdinando

The Professionals’ National Front (PNF) has questioned the appointment of Renuka Perera as the Chairman of MILCO at the expense of Lasantha Wickremasinghe, a senior member of the outfit as well as an associate of the patriotic civil society outfit ‘Yuthukama’ organisation.

The ruling SLPP accommodated ‘Yuthukama’ leader Gevindu Cumaratunga on its National List whereas Anupa Pasqual also of the civil society grouping successfully contested the Kalutara district.

PNF Secretary and its spokesperson Kapila Renuka Perera told The Island that the government owed an explanation as to why Wickremasinghe who transformed the loss making public sector enterprise in spite of severe difficulties, was removed.

At the time Wickremasinghe received the appointment following the 2019 presidential election, Milco was reported to have suffered losses amounting to Rs. 2,000 million, the PNF spokesperson said. Thanks to Wickremasinghe’s interventions and the tireless efforts of the management team, MILCO earned annual profit of Rs 400 mn regardless of significant increase in the revenue received by milk farmers, Perera said.

Responding to another query, Perera pointed out that no less a person than Prime Minister Mahinda Rajapaksa, who had also served as the Finance Minister till July last year emphasized the pivotal importance in transforming the public sector. Therefore, the recent removal of Wickremasinghe to accommodate Renuka Perera, the Administrative Secretary of the ruling Sri Lanka Podujana Peramuna (SLPP) was contrary to the government position articulated by the Premier, the PNF official said.

Renuka Perera received his letter of appointment from Finance Minister Basil Rajapaksa on the afternoon of January 20 at the Finance Ministry.

Acknowledging that public campaigns undertaken by the PNF since its inception in 2016 helped the then Joint Opposition (JO) now represented in Parliament as the SLPP, PNF Secretary Perera said they were quite horrified by the way the powers that be behaved at a time the country was experiencing severe economic difficulties. Declaring the public had lost faith in the parliamentary system, those who were skeptical of the concerns expressed by professionals should inquire into the sharp increase in the number of families, individuals, particularly the youth seeking to migrate.

Asked whether the PNF questioned the Milco appointment as Lasantha Wickremasinghe happened to be a member of the organization as there had been a number of other controversial appointments since Nov 2019 though they largely remained silent, the official pointed out their opposition to the appointment of Milinda Moragoda as Sri Lanka’s High Commissioner to India. “We raised the issue with the Parliamentary High Post Committee and campaigned vigorously against the former minister given such a crucial diplomatic posting. However, the political leadership thought otherwise,” the PNF spokesperson said.

Amidst the controversy, President Gotabaya Rajapaksa issued a statement defending Moragoda’s appointment.

The PNF official said that the SLPP Administrative Secretary being appointed as the Milco Chairman should be examined against the backdrop of a failed attempt to appoint him as Chairman and the board member of Litro Gas. However, an irate President Gotabaya Rajapaksa rescinded a letter issued by the Secretary to the Finance Ministry S. R. Attygalle in respect of the top Litro appointment. Having done so, President Rajapaksa went to the extent of inspecting the Litro’s main facility at Kerawalapitiya in the company of Theshara Jayasinghe, the incumbent Chairman.

It would be pertinent to mention that Renuka Perera lost his position as Chairman, NHDA (National Housing Development Authority) last July when former lawmaker and convict Duminda Silva moved in soon after he received presidential pardon.

President Rajapaksa brought in Theshara Jayasinghe in July last year following the controversy over Litro successfully blocking government audits even after the Auditor General and the then COPE (Committee on Public Enterprises) emphasized the need for state-owned Litro to undergo state audit.

Litro hired Romesh de Silva, PC and Sanjeeva Jayawardena, PC, who is also member of the Monetary Board to represent Litro in the controversial as well as unprecedented case, parliamentary sources told The Island.

Sources said that the government audit resumed after Theshara Jayasinghe replaced Finance Ministry appointee Anil Koswatte, who called Treasury Secretary Attygalle to inquire into allegations directed at him by Theshara Jayasinghe.

The PNF official said that during yahapalana administration the grouping strongly opposed ETCA (Economic and Technical Cooperation Agreement) with India as well as SLSFTA (Sri Lanka Singapore Free Trade Agreement) and high profile US MCC (Millennium Challenge Corporation) project as they were inimical to Sri Lanka’s national interests.

In a statement issued on January 20, the PNF also raised the appointment of Gamini Senarath as the Secretary to the President in spite of accusations as regards his culpability over the disastrous Chinese carbonic fertiliser deal that ended up with cash-strapped Sri Lanka having to pay USD 6.7 mn regardless of the rejection of allegedly contaminated fertilizer stock. The PNF spokesperson pointed out that a close relative of Gamini Senarath managed the Chinese exporter, Qingdao Seawin Biotech Group Co., Ltd’s local agent Chelina Capital Corporation (CCP).

However, following allegations in this regard, both in and outside Parliament late last year, Senarath issued a statement denying his involvement whatsoever in the transaction while declaring his readiness to cooperate fully in case of an investigation.

The PNF noted that the former Secretary to the President Dr. P.B. Jayasundera, too, had allegedly interfered in liquid fertilizer imports from India and a CID investigation was underway following him complaining against the reportage of the developments.

The PNF Secretary said as many others, they, too, were disappointed with the way appointments were made under controversial circumstances at different levels. Asked whether the PNF ever contemplated moving court against unacceptable actions of the government, the spokesperson pointed out that the creation of more than 30 separate ministries in violation of the Constitution was challenged and the case was pending in court.

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Udaya sounds dire warning

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Sri Lankans would have to experience daily power cuts up to four hours a day, if Sri Lanka could not secure a substantial USD loan by March 2022, Minister of Energy, Udaya Gammanpila said yesterday.

Gammanpila said that the country should brace for any eventuality and politicians should lead by making sacrifices. The country was facing a forex crisis and a lot of other sectors would have to suffer if large amounts of fuel had to be imported to generate electricity.

“Monsoons will begin in April. When that happens we may be able to reduce the use of fossil fuels to generate electricity. It will be a struggle until then,” he said.

The only way for the country to have an uninterrupted supply of electricity is to secure a large foreign loan, the Minister said. If the country does not start enforcing daily power cuts now, there will be a crisis in the coming months, he said.

“Is it not better that we implement one and a half hour cuts from now itself rather than moving onto four-hour power cuts later? Should we starve for 28-days after stuffing ourselves from star-class hotels for two days? Or should we rather cook the meals at home?” the Minister asked.

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PHIs threaten to pull out of duties at BIA

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By Rathindra Kuruwita

Public Health Inspectors (PHIs) yesterday threatened to withdraw from the Bandaranaike International Airport (BIA) because a large number of foreigners arriving in the country do not adhere to health guidelines.

PHIs’ Union head Upul Rohana said that six of their members who were working at BIA had tested positive for coronavirus recently.

“A lot of foreigners and Sri Lankans who come from abroad seldom adhere to health guidelines. Often they do not wear masks. Thus, they are putting health workers and other staffers at risk. PHIs are compelled to communicate with almost everyone. This is a dangerous situation and we had repeatedly told health superiors about this,” he said.

Rohana said that PHIs at the BIA operated with minimal facilities. They did not have adequate restrooms and some powerful health sector unions had ensured that PHIs had to work under difficult circumstances.

“They have to stay in cramped spaces. So, if one PHI gets COVID, a lot more would be infected. This is a serious development. We again urge health officials to look into this. If nothing is done, we will leave our stations at the BIA,” he said.

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