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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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Fast Attack Craft P 4447 recovered in successful salvage operation

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The Sri Lanka Navy successfully recovered its Fast Attack Craft P 4447 following a successful salvage operation, bringing a multi-stage emergency response to a close.

The craft, which ran into distress during a routine patrol on 15th August 2026 off Angulana, was brought to the surface on 11th September, from a depth of approximately 80 feet. It was
subsequently towed to the Colombo Dockyard premises.
The initial phase of the operation immediately following the incident focused on search and rescue. A joint effort involving the Navy, Air Force, Police, and local fishermen from Angulana
resulted in the rescue of 11 crew members. The search and rescue phase drew to a close with the recovery of the remains of the Second in Command of the craft, on 4th September.

Following the search and rescue phase, specialized Navy diving and salvage teams launched a dedicated recovery phase against rough sea conditions and underwater challenges, adhering to
strict safety protocols. The Navy’s marine, hull, electrical, and electronic engineering teams utilized specialized technical know-how and equipment to raise the vessel in stages.

Thus, the salvage operation marked an outstanding achievement attained through the professionalism, technical expertise of Navy divers, and coordinated contribution of all
engineering and technical branches of the Sri Lanka Navy. Technical support and specialized expertise were also extended by the Sri Lanka Ports Authority and Colombo Dockyard PLC.

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CIABOC member’s appointment: Controversy over Speaker under probe heading selection process

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By Shamindra Ferdinando

The Opposition should intensity its focus on the forthcoming selection of a member of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and remain vigilant as Speaker Dr. Jagath Wickremaratne, MP, the head of the Constitutional Council (CC) tasked with making the relevant recommendation, is under investigation by the CIABOC, sources familiar with the ongoing inquiry told The Island.

Chethiya Goonasekara, PC, is expected to complete his three-year term on Dec 31, 2026. Sources pointed out that CIABOC Commissioners are appointed by the President on the recommendation made by the 10-member Constitutional Council.

The CIABOC initiated the investigation following a complaint lodged by suspended Chief of Staff and Deputy Secretary General of Parliament Chaminda Kularatne in early February this year. Sources said that as Goonasekera is scheduled to complete his term toward the end of 2026, the CC would have to call applications soon to choose the successor.

Goonasekara received his appointment from President Ranil Wickremesinghe in January 2024. A Justice W. M. N. P. Iddawala was appointed Chairman of the CIABOC. The other commissioner is K. Bernard Rajapakse.

Asked whether Iddawala and Rajapakse, too, would complete their terms soon, sources said that in terms of the Anti-Corruption Act No 09 of 2023, the Chairman of CIABOC would hold office for a period of five years, second commissioner (K. Bernard Rajapakse) for four years and the third commissioner (Chethiya Goonasekara) for a period of three years.

Sources said that the Opposition as well as civil society representatives in the CC should take up the issue of Speaker facing an investigation by the CIABOC taking part in the forthcoming selection process. Responding to queries, sources emphasized that the issue was whether in terms of Section 107 of the Anti-Corruption Act the participation of the Speaker in the selection process amounted to a violation of the Act itself.

The current members of the CC are Dr Jagath Wickramaratne, Speaker and Chairman of the Constitutional Council, Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, MP, Aboobucker Athambawa, MP, Ajith P. Perera, MP, Sivagnanam Shritharan, MP, Austin Fernando, Civil society representative, Prof. Wasantha Seneviratne, Civil society representative and Ranjith Ariyaratne, Civil society representative.

Sources pointed out that in spite of the sensitivity of the case, the CIABOC recorded Kularatne’s statement in the second week of August, six months after he lodged the complaint.

The CIABOC on 3, 8 and 10 Sept recorded the statements from the Transport Officer, Deputy Director, Administration and Assistant Director, Finance regarding the use of facilities by the Speaker, those assigned to his staff and other relevant matters.

The NPP named Dr. Wickramaratne as the Speaker after Asoka Ranwala resigned over controversy regarding his higher education qualifications.

SJB lawmaker Dayasiri Jayaskera has repeatedly raised the issues concerning the Speaker with the focus also on the Speaker using two government-managed residences, relevant staff in addition to expenditure on food, transport and fuel provided to the Speaker’s private secretary.

Political sources said that trouble erupted after the Parliamentary Staff Advisory Council in late January sacked Kularatne accusing him of providing false information to secure his appointment. Before being appointed as the Deputy Secretary-General of Parliament in 2023, Kularatne held several high-ranking positions, including Secretary to the Chief Government Whip, Additional Secretary to the President, Additional Secretary to the Prime Minister, and Additional Secretary to the Leader of the Opposition.

The SJB declared in Parliament that Ranwala should be brought back as the Speaker as they have no faith in Wickramaratne. MP Mujibur Rahuman jokingly told parliament that the Opposition wouldn’t raise Ranwala’s educational qualifications.

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GMOA: Countrywide cadre revision not done since 2015

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Dhammika

The Government Medical Officers’ Association (GMOA) has stressed the need to conduct a comprehensive countrywide cadre revision urgently.

GMOA spokesman Dr. Lasitha Dhammika told The Island that the failure on the part of successive governments to conduct cadre revision caused the deterioration of the public sector health services. Due to the absence of required statistics, they hadn’t been able to fully comprehend the situation on the ground and to ascertain the requirements of the public.

Dr. Dhammika pointed out the expansion of the services without supporting statistics and the need to initiate an immediate cadre revision. According to him, the GMOA had raised this issue with successive governments without success. The GMOA spokesman said that they also sought relevant information from the Health Ministry in terms of the Right to Information (RTI) Act two weeks ago but was yet to receive response.

(SF)

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