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Eyebrows raised over inordinate delay in seeking Indian help

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SLPA’s only tug ineffective; ‘Hercules’ in epic evacuation mission

By Shamindra Ferdinando

Controversy surrounds the inordinate delay on Sri Lanka’s part to seek Indian assistance for fighting the fire onboard Singaporean flagged X-Press Pearl anchored 9.5 nautical miles northwest of the Colombo port.

Sri Lanka sought Indian assistance on the afternoon of 25 May, five days after the Captain of the container carrier MV X-Press Pearl requested SLN support to douse the fire.

The SLN has responded to the distress call on the afternoon of 20 May.

The fire erupted on the night of 19 May 19 at a time the vessel operated by the world’s largest feeder operator, X-Press Feeders was in anchorage.

The examination of available information revealed that the SLN requested for Indian backing to fight the major conflagration as well as pollution control after a huge blast on the vessel, which had a raging fire among some of the containers on its deck for more than four days.

Well informed sources said that the blast ripped through the stack of containers at 4.30 am, on May 25th. Sources said that the blast deprived the firefighters whatever chance they had in bringing the situation under control.

Responding to The Island queries, sources explained by the time Indian assistance was sought, the battle was clearly lost.

Sources pointed out that by the time Sri Lanka sought Indian intervention, the brand new vessel had been abandoned with the 25-member crew comprising 25 Philippine, Chinese, Indian and Russian nationals evacuated by the firefighters. The evacuation coincided with the fire overwhelming the firefighters, sources said, acknowledging Sri Lanka obviously lacked the capacity to undertake such a daunting challenge.

Evacuation of all-foreign crew had been carried out by tug ‘Hercules’ chartered by Sri Lanka Ports Authority (SLPA). Sources said that in spite of the huge risk, the ‘Hercules’ crew carried out the evacuation, successfully, under extremely difficult conditions and they were brought ashore. By the time, Indian assistance had been sought, the ship was even listing and some of the containers on its deck had fallen overboard, sources said.

Inquiries revealed that the SLPA lacked the strength to engage in such a firefighting exercise. The SLPA tug ‘Megha’ in spite of being dispatched to the scene of the fire on May 20th hadn’t been able to make a difference. The vessel hadn’t been properly equipped therefore the SLPA had no option but to withdraw it and send two tugs ‘Hercules’ and ‘Posh Hardy’ on May 21 and May 22, respectively.

The Island learns that the SLPA had taken those tugs on long lease from Sri Lanka Shipping Company in 2018. However, another tug ‘Posh Husky’ also taken on long lease from the same company hadn’t been in a position for deployment due to what some sources called ‘equipment issues.’

Subsequently, two other tugs, ‘Mahawewa’ and ‘Aries’ owned by Sri Lanka Shipping Company had been deployed as the situation rapidly deteriorated. Two foreign tugs, ‘Posh Teal’ and ‘Shalwar’ that had arrived here on the night of May 22 and May 23 morning, respectively failed to bring the situation under control either. They belonged to world renowned ‘Salvors.’

By the time Indian assets arrived in Sri Lankan waters the firefight had been lost and the operation transformed to a pollution control mission. Sources said that the country hadn’t experienced a similar situation since independence though the SLN with Indian Coast Guard backing managed to control a fire onboard oil tanker ‘New Diamond’s carrying more than a quarter of a million tonnes of crude oil off the East coast in early September 2020.

Sources said that in spite of successive governments vowing to transform Colombo harbour to a maritime hub a genuine attempt hadn’t been made to achieve that privileged status. The fire onboard ‘New Diamond’ and the ongoing inferno off the Negombo coast exposed the failure on the part of the SLPA to build up its own firefighting capacity.

When Indian assets, Coast Guard vessels Vaibhav, Vajra and Samudra Prehari and tug ‘Water Lilly’ dispatched by Director General Shipping there, in addition to Dornier aircraft for aerial reconnaissance had been on their way, the firefight had been lost, sources said. According to a statement dated May 25th issued in the evening by the Indian High Commission in Colombo, having received Sri Lanka’s request in the afternoon, Dornier aircraft reached Colombo at 4 pm on the same day and the first vessel was to reach the scene by 7 pm.

X-Press Pearl carried 1,486 containers with 25 tons of Nitric Acid, several other chemicals and cosmetics from the port of Hazira, India on 15th May 2021.

Speculation is rife that those responsible, including the X-Press Pearl crew hadn’t made a proper assessment of the situation therefore failed to take tangible measures, on time.

The initial SLN deployment on May 20th afternoon comprised Offshore Patrol Vessels (OPVs) SLNS Sagara, Sindurala and a Fast Attack Craft (FAC).

According to an SLN statement, the ill-fated vessel had arrived at the location (9.5 nautical miles northwest) on the 19th of May and was awaiting its entry into the Colombo harbour.

Inclement weather hampered operations, sources said, pointing out that the government had to address the issue as it was battling both fast spreading Covid-19 pandemic and floods.

Regardless of inclement weather the Air force on two days dropped dry chemical powder on the vessel.

Sources said that Sri Lanka should acquire firefighting capability. Perhaps, following the end of the war, 12 years ago some of the SLN vessels could have been properly equipped to meet emergency situation, sources said. The SLPA should apprise the environment and take whatever tangible measures as such expertise and strengths couldn’t be procured overnight, sources said.



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Ex-SriLankan CEO’s death: Controversy surrounds execution of bail bond

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Kapila Chandrasena

Prof. Prathibha Mahanamahewa has emphasised the need to examine the circumstances under which the court staff executed the bail bond, and the release process, in respect of the late Kapila Chandrasena, former Chief Executive Officer of SriLankan Airlines.

Chandrasena’s body was found in a house at Pedris Road, Colombo 03.

In case of any doubt regarding bail condition/s or any other matter (insufficient surety, identity issues, suspicious documents and unclear order), the Registrar had to get in touch with the relevant Magistrate, Mahanamahewa said.

Mahanamahewa was responding to The Island query regarding the acceptance of two Muslims as sureties. Had they followed the time-tested procedure, court registry/registrar staff would never have accepted sureties as blood relatives of Chandrasena, Mahanamahewa said, alleging a major defect in the execution of the bail bond.

They were arrested by police and remanded by the Colombo Magistrate’s court, till 13 May, pending further investigations.

Colombo Chief Magistrate Asanga S. Bodharagama, on 5 May, granted to Chandrasena cash bail of Rs. 500,000 and three surety bails of Rs. 10 million each. But soon after Chandrasena received bail, the court was told that two of the Rs. 10 million sureties had been produced, after payment of Rs. 15,000 each, were made to those two individuals to act as guarantors.

The bail application had been submitted by Rienzie Arsecularatne, PC, appearing on behalf of Kapila Chandrasena, when the case was earlier taken up, on 28 April.

Police also arrested an elderly person who arranged for the two persons who hadn’t even seen Chandrasena, even once, to offer themselves as sureties.

As soon as the police revealed the fraudulent manner Chandrasena obtained bail, Chief Magistrate Bodharagama issued an order to arrest and produce him before the court. This order was issued consequent to a request made by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), on the grounds that the defendant had violated bail conditions. The CIABOC wanted Chandrasena held pending the conclusion of the case.

Sources familiar with the execution of bail bond said that the moment the suspects had submitted their National Identity Cards and letters from Grama Sevakas, the court registry/registrar staff should have rejected them. In a such high-profile case, the failure on the part of the lawyers, representing Chandrasena, to check the gsureties’ relationship with Chandrasena, was another glaring shortcoming, sources said, pointing out that after having submitted bail application on 28 April, the defence team should have come prepared to put forward genuine guarantors.

The Island contacted the Bar Association of Sri Lanka for comment on the manner in which the court staff had handled bail for Chandrasena, but there was no response.

Sri Lanka’s former Ambassador to Moscow, accredited to Kiev, Udayanga Weeratunga, said that a thorough investigation should be conducted to ascertain facts about the execution of the bail bond. Asked whether he had been in touch with Chandrasena, Weeratunga said that he spent his first day at Welikada with Chandrasena and Ranjan Ramanayake in one cell. “That happened on 14 February, 2020. I was arrested when I returned to the country, from the UAE, and produced before the then Magistrate Ranga Dissanayake, the incumbent Director General of CIABOC,” Weeratunga said.

Weeratunga said that a couple of months after the change of government in 2024, the US State Department imposed a travel ban on him and Chandrasena and their families over what the US termed as significant corruption.

Weeratunga said that altogether the US designated 14 persons and, of them, two were Sri Lankan, who happened to be him and Chandrasena, accused of corruption in respect of acquisition of MiG 27s from Ukraine and the Airbus deal, during President Mahinda Rajapaksa’s tenure as the President.

SLPP sources said that Chandrasena’s demise shouldn’t prevent proper investigation on his affidavit that claimed pressure brought on him to name Mahinda Rajapaksa as a recipient of the Airbus bribe.

By Shamindra Ferdinando

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Law applies to all, regardless of power or influence – Prez

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President Anura

President Anura Kumara Dissanayake emphasised yesterday (12) that the law would be enforced equally and no one was allowed to be above the law.

Addressing the Matale District Coordinating Committee meeting, at the Matale District Secretariat, President Dissanayake said, “Do not be afraid to work, but be afraid to engage in irregularities. Everyone must first be subject to the law and secondly, must fear the law. This applies to everyone, from the President down to the Grama Niladhari.”

“If we are to usher in a new era, we must submit to the rule of law. No one can be above it, he said, adding that previous Presidents had even violated the Constitution with impunity.

The President said that if there were any instances of selective law enforcement, they should be brought to his attention for action. Everyone was required to cooperate, if called upon to make statements in an investigation, he said.

By S.K. Samaranayake

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Sri Lanka and Belarus to sign several MoUs

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Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, is on an official visit to Belarus, from yesterday to Friday (15), on the invitation of the Foreign Minister of the Republic of Belarus, Maxim Ryzhenkov.

The text of the Foreign Ministry release: “This visit will mark a milestone in the bilateral partnership as the two countries commemorated the 25th Anniversary of the establishment of Diplomatic Relations last year.

During his visit to Minsk, Minister Herath will call on Belarus President Alexander Lukashenko and will hold bilateral discussions with the Minister of Foreign Affairs of Belarus. Minister Herath is also scheduled to meet the Belarus Ministers of Education and Health. Several MoUs and agreements across sectors are envisaged to be signed with the Republic of Belarus during the visit.

In Minsk, Minister Herath will address a business and tourism roundtable, organised by the National Export Centre of Belarus. He is also scheduled to meet Sri Lankan students studying in Belarus.”

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