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Bribery claims involving Japanese contractor: Lawyer asks govt. to come clean over allegations levelled against Nimal Siripala

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By Shamindra Ferdinando

Attorney-at-Law Senaka Perera has alleged that the re-appointment of Nimal Siripala de Silva as the Minister of Ports, Shipping and Aviation proved that the same system is in place, in spite of Gotabaya Rajapaksa’s ouster.

How can the SLFPer clear himself of serious bribery allegations so fast, the civil society activist asked, referring to bribery accusations made, both in and outside Parliament, relating to the Japanese Taisei Corporation.

Samagi Jana Balavegaya (SJB) leader Sajith Premadasa led the campaign against the senior SLFPer after he revolted from the SLFP to accept a portfolio in the planned all-party national government, formed by the previous President.

Then President Gotabaya Rajapaksa asked Minister de Silva to step down, temporarily, pending an investigation into bribery allegations relating to the settlement of contractual issues of $ 570 million with Japanese International Cooperation Agency (JICA) funded Terminal-2 construction work at the BIA Development Project (BIADP) Stage two.

President Gotabaya Rajapaksa’s Office announced de Silva’s stepping down on July 06, just days before, in the guise of peaceful protests, overran the Presidential Secretariat, the President’s House, Temple Trees, PM’s office and torched PM’s private residence, forcing him to leave the country.

Referring to a statement issued by the Presidential Media Division (PMD) on Tuesday (02) late afternoon that dealt with the issue at hand, lawyer Perera said the government owed an explanation how a committee appointed by President Wickremesinghe on July 22 cleared de Silva within 10 days.

The lawyer urged the government to release the report submitted by the three-member committee as the PMD declared that its report cleared the lawmaker of all accusations.

Retired High Court Judge, Kusala Sarojini Weerawardena, PC, chaired the committee. Retired Senior Deputy Inspector-General (DIG) of Police S.M. Wickremasinghe and Retired Special Grade Officer of Sri Lanka Administrative Service (SLAS) S.M.G.K. Perera served as members of the committee.

Lawyer Perera recalled how Gotabaya Rajapaksa’s government obtained a report from another committee, also headed by retired High Court Judge, Kusala Sarojini Weerawardena, PC, following media furore over the then State Minister of Prison Management and Prisoners’ Rehabilitation Lohan Ratwatte’s forcible entry into Welikada and Anuradhapura prisons in Sept 2021.

Alleging that report, too, hadn’t been made public, lawyer Perera said that action taken by the former President and the incumbent President, in respect of lawmaker de Silva, weren’t sufficient. Lawyer Perera said that though the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) hadn’t been able to earn the respect of the public, they felt the need to lodge a complaint with the outfit in this regard. “We like to see CIABOC’s reaction to our complaint,” the civil society activist said.

Facilitated by Lawyer Perera activist S.M. Nishar Moulana lodged a complaint last Saturday (July 30).

Responding to another query, lawyer Perera said that those interested in good governance and financial integrity should reveal their stand on this. How could such serious bribery allegations, directed at a Minister, be dealt by a committee, Lawyer Perera asked.

Reiterating his commitment to ongoing public protest against President Wickremesinghe’s government, lawyer Perera said that the new leader should prove his sincerity. Referring to the President’s maiden policy statement, lawyer Perera said that the Prsident’s promise to implement a national policy to combat bribery and corruption should be examined against the backdrop of lawmaker de Silva’s case.

President Wickremesinghe told Parliament that new rules and regulations and orders in this regard were being prepared by the Ministry of Justice. A consensus would be reached with the International Monetary Fund regarding combating corruption, the President assured Parliament.

Secretary to the CIABOC Apsara Caldera told The Island that complaints received would be examined by a committee consisting of three commissioner – Director, Investigations, legal officer and herself. The committee would decide on the complaint received in respect of lawmaker de Silva.

Asked whether the report prepared by retired High Court Judge, Kusala Sarojini Weerawardena would be perused by the CIABOC, Caldera said that, too, was to be decided. The relevant complaint has been already forwarded to the Committee.



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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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Two arrest warrants issued for Gnanasara thera

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Galagoda Aththe Gnanasara

The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.

The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.

The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.

The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.

A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.

However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.

The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.

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CA dismisses GR’s writ petition against arrest

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Gotabaya

A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.

The writ petition was rejected in limine.

In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.

Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.

Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.

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