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Cabraal’s media secretary responds to Keerthi Tennekoon’s private plaint

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The Private Plaint filed by Mr. Keerthi Tennekoon (complainant) against Mr. Ajith Nivard Cabraal (respondent) was scheduled to be taken up on May 2, 2022 before Magistrate Harshana Kekunuwela at the Colombo Magistrate’s Court No. 4.

However, that day was declared a public holiday by the Government, and hence certain cases, including the private plaint under reference fixed for that day were postponed by the Court authorities to July 25, 2022.

A few days later, the complainant and his counsel had sought to advance the hearing in this particular case, and, based on an ex-parte application, it had been reported that the court had granted an earlier date of May 23, 2022 for the case to be called.

In that regard, the respondent had to be notified to be present in court on that date by way of an official court summons. However, as at May 22, 2022, such summons had not been served on the respondent personally ordering him to be present in court.

Nevertheless, upon learning that this matter may be taken up by court on May 23 even though summons had not been served on the respondent, out of an abundance of caution, Mr. Cabraal’s lawyers Mr. Shavendra Fernando, PC and Mr Jeevantha Jayatilake, Senior Counsel, were present in court and explained to court the serious circumstances in the country that had resulted in the respondent having to be away from his residence. They also assured court that the respondent would be present in court on the scheduled date of July 25, 2022, as previously fixed by the court authorities.

On that day, the respondent’s lawyers would comprehensively refute the complainant’s allegations, and make it clear that such allegations leveled by the complainant are false &/or misfounded &/or politically-motivated &/or malicious.

In this context, with regard to the complainant’s allegations, it is noted that the same complainant (Mr. Keerthi Tennekoon) had previously filed a Petition in the Court of Appeal on September 14, 2021 based on certain alleged “findings” in a “Forensic Audit Report” dated November 8, 2019 carried out by an Indian company, “BDO India LLP”, pertaining to the issuance of Treasury Bonds and the conduct of Primary Dealers from 2010 to 2017.

In that case too, Mr. Ajith Nivard Cabraal was named as a respondent. That petition had been since dismissed by the Court of Appeal on November 3, 2021. This vital information has however been suppressed from the Magistrate’s Court by the complainant, and it is very likely that, if the complainant had properly disclosed the Court of Appeal Order to the Honourable Magistrate, this allegation in the private plaint would not have even been entertained.

It is also noted that another allegation of Mr. Tennakoon pertains to a payment of USD 6.5 million made by the Government of Sri Lanka (GOSL) in respect of a Communication Program of the GOSL with a US National, Mr. Imaad Zuberi. In that context, as the banker to the government, the payments made by the CBSL on behalf of the GOSL have been made on the official written instructions of the appropriate government authority, and the respective payment protocols and procedures had been followed by the CBSL when making these payments.

Therefore, there has been no procedural or other violation in making these payments on behalf of the GOSL, and accordingly, this allegation of the complainant is also not sustainable.Mr. Tennakoon’s next allegation refers to the settlement of the GOSL’s USD 500m International Sovereign Bond (ISB) that matured on January 18, 2022, where it has been claimed that such settlement was done by the respondent notwithstanding the advice of various experts, in order to enable certain unspecified investors to make undue profits.

In this context, it must be clearly understood that settling or not settling the country’s sovereign debt is not a matter where a single individual can arbitrarily decide. It is of course possible that self-proclaimed experts (who bear no responsibility for their unsolicited advice) could advocate the non-payment of Sri Lanka’s foreign loans, including a maturing ISB.

However, such unofficial requests cannot be acted upon by responsible government officials without a formal direction or order from the Government (the Borrower) and perhaps even the approval of Parliament since funds for “debt servicing” had already been appropriated by Parliament when it approved the Budget 2022.

Further, at the time in question, the official Government policy was to pay its sovereign debt diligently, which policy, the Ministry of Finance and the CBSL had followed faithfully since Sri Lanka gained independence in 1948. Needless to say, such policy could not have been unilaterally abrogated by the Governor of the CBSL on January 18, 2022 as claimed by the complainant, and therefore this allegation too, is baseless and misfounded.



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Discussion on Sri Lanka Customs’ contribution for National Export Development Plan

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A discussion on the modernisation initiatives required within the Sri Lanka Customs and measures to encourage exporters in support of implementing the National Export Development Plan (NEDP) 2026–2030 was held on Wednesday (17)  morning at the Presidential Secretariat under the patronage of Secretary to the President, Dr. Nandika Sanath Kumanayake.

The meeting, organised by the Revenue Administration Reform and Modernization Bureau established under the Presidential Secretariat, focused extensively on the modernisation measures required within Sri Lanka Customs to facilitate the expansion of exports.

During the discussion, the Secretary to the President instructed Sri Lanka Customs to enhance the capacity, facilities and modernisation of the Export Facilitation Centre, where export containers are inspected, in order to create a more efficient and exporter-friendly environment.

Attention was also drawn to developing a programme aimed at encouraging exporters across the country to enter the export sector. The Secretary to the President further emphasised the need to review the Temporary Import for Export Processing (TIEP) scheme currently operated by the Customs Industrial Facilitation Division and to introduce a programme to support small and medium-sized enterprises (SMEs) that have not yet engaged in export activities.

The meeting also explored the possibility of decentralising customs operations to support the expansion of the export sector, with particular attention given to establishing a Customs Export Centre in Jaffna.

Discussions were also held on removing barriers affecting exports conducted through e-commerce platforms. It was decided to hold further discussions with the Department of Posts on measures that could be taken jointly to streamline these processes.

Participants also discussed introducing digital systems to expedite document processing, thereby reducing both, time and costs, as well as implementing a risk-based assessment mechanism that would provide greater facilitation for low-risk exporters.

It was further decided that Sri Lanka Customs, the Sri Lanka Export Development Board (EDB) and other relevant institutions would meet monthly under the leadership of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat to review progress, identify challenges faced by exporters and discuss appropriate solutions.

The National Export Development Plan has been formulated in line with the national vision, “A Thriving Nation – A Beautiful Life”, with the objective of enhancing Sri Lanka’s export competitiveness and achieving an ambitious yet realistic export revenue target of USD 36 billion by 2030.

Director General of Customs Wimal Liyanagama, Chairman of the Sri Lanka Export Development Board (EDB) Mangala Wijesinghe, Additional Directors General of Sri Lanka Customs T. Loganathan and L.K.S.D.K. Arewatta, Director of the Sri Lanka Export Development Board Dr. Sanjeewa Rathnasekara, Director of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat W.L.C. Thilakasiri and senior officials from Sri Lanka Customs and the Sri Lanka Export Development Board were also present.

[PMD]

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Military held land: Govt. trying to maintain balance between security and civilian needs

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Deputy Defence Minister Maj. Gen. Jayasekera receiving a field briefing during a recent visit to the Jaffna peninsula (pic courtesy MoD).

The NPP government is trying to maintain a balance between continuing demands for releasing north-east land held by the military and post-war security requirements, says Deputy Defence Minister Major General Aruna Jayasekera (Retd), who has undertaken a series of visits to the northern and eastern provinces in the recent past to explore ways and means of releasing the land, without compromising national security requirements.

Since the armed forces brought the war to a successful conclusion in May, 2009, releasing of both privately- and state-owned land began cautiously in October, 2009, and by now over 90 percent of both categories have been released. At the height of the war, before the launch of Eelam War IV, in August 2006, Jaffna peninsula had the largest concentration of troops assigned to four Divisions.

In the first week of June, Deputy Minister Jayasekera visited the Trincomalee District to ascertain the situation. The Defence Ministry said that the Deputy Minister had assessed the current status of such lands and received briefings from senior military officers and relevant officials on security and administrative aspects regarding the properties.

Following the field inspection, the Deputy Minister chaired a meeting at the Governor’s Secretariat Office where the discussion focused on what the Defence Ministry called a balanced and practical approach to address land-related issues, protect the livelihoods of the people, and ensure that national security requirements were properly managed.

Jayasekera, with a career spanning well over three decades, retired in November, 2019, after having last served as the Eastern Commander for about a year.

During his June visit, the Deputy Minister visited various security forces establishments, including the 22 Infantry Division.

A senior retired military official said that those who had been demanding that all security forces held land, both state- and privately-owned, be released, have conveniently forgotten that this was made possible due to the eradication of the LTTE.

The Deputy Defence Minister conducted a series of field visits in the Jaffna and Wanni regions to assess the security situation and operational commitments. According to the Defence Ministry, the Deputy Minister addressed senior tri forces personnel at the Security Forces Headquarters – Jaffna (SFHQ-J) and the Security Forces Headquarters – Wanni (SFHQ-Wanni).

The Deputy Minister chaired civil-military coordination meetings in the Mannar and Jaffna districts to the ongoing land ownership issues, fostering socio economic growth, and streamlining local infrastructure layout in close cooperation with the regional administrative mechanism. The Ministry said that the Deputy Minister inspected agricultural zones, private residences and public common areas, presently placed within the operational infrastructure of the Sri Lanka Navy across several locations, in Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimune.

Members of Parliament for the Vanni Electoral District, Selvam Adaikalanathan, Kader Masthan, Thurairasa Ravikaran and the District Secretary for Mannar were also present at the meeting where matters related to socio economic grievances, local infrastructure demands, and land rights of the local residents were central topic in the agenda.

The Deputy Minister of Defence chaired a second meeting at the Governor’s Office in Jaffna where the main focus was existing land issues in the districts of Vavuniya, Mannar, Mullaitivu, Kilinochchi, and Jaffna.

The Jaffna proceedings were co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources and Chairman of the District Coordinating Committee for the Jaffna and Kilinochchi Districts Ramalingam Chandrasekar and Deputy Minister of Co-operative Development Upali Samarasinghe.

The Defence Ministry said that stability depended on striking an optimal balance between prioritising national security obligations and resolving outstanding issues related to both state owned and privately used lands. “We are implementing a transparent mechanism to swiftly transition designated lands back into the hands of local communities for housing, fishing, and agriculture.”

The participation of the Commander of the Army and the Commander of the Navy underscored the importance of the discussions held in the north.

In the Mannar region the focus was on lands, presently used by the Navy, in the areas of Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimunai.

Authoritative sources said that since the end of the war, the military had given up held areas and what remained occupied were essential for security purposes. The depletion of the area under direct control should be examined taking into consideration gradual overall reduction of combined security forces strength over the years. At the end of the war, the Army had approximately 205,000 officers and men, both regular and volunteer. That figure has been reduced to 150,000 to 160,000. In line with the government thinking the Army strength would be brought down to 100,000 by 2030, a plan first announced by President Ranil Wickremesinghe.

By Shamindra Ferdinando

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Yoshitha granted bail, travel ban imposed

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Ex-Navy officer Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, being taken to the Colombo Chief Magistrate's court yesterday.

Colombo Chief Magistrate Lahiru de Silva yesterday granted bail to Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, on three sureties of Rs. 5 million each, and imposed an overseas travel ban.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arrested Yoshitha yesterday morning when he called over to make a statement regarding an ongoing investigation into his recruitment to the Sri Lanka Navy and training at the UK Royal Naval Academy.

CIABOC said that the arrest had been made in connection with an investigation into the 2006 recruitment of cadet officers to the executive branch of the Sri Lanka Navy.

It has been alleged that individuals were recruited without meeting the required qualifications and state funds were used outside established procedures for their training at the Royal Naval Academy in the UK.

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