Features
Hindu Ladies College and Peninsula idyll
Excerpted from Chosen Ground: The Clara Motwani saga
by Goolbai Gunasekera
Mrs. Visaladhy Sivagurunathan, a philanthropic Hindu lady, had gifted the property of Hindu Ladies’ College to the school in 1943. Mother was the school’s fifth Principal. Under her, the first Past Pupils’ Association was formed, with Mrs. Jeevaratnam Rasiah as its first President. Miss Thambu (Mother’s long suffering Tamil tutor) was its Secretary. Just recently, I was invited to speak to the Colombo branch of the HLC alumni.
I met a former HLC teacher there – Mrs Navaratna, formerly Leela Ponniah – along with many old friends. The reverence in which Mother was held was very heart- warming, and it was a moving experience to hear the stories they related of instances in which Mother had touched – and sometimes directed – their lives.
A glamour figure on the HLC campus was a Miss Shantha from India. She wore the most gorgeous saris and influenced my love of cotton saris in years to come. It is strange indeed that one’s perceptions can be so acutely honed when one is still so young. To this day I can recall most of Miss Shantha’s wardrobe.
Another fantastically good teacher was Vijayalakshmi Pathy. She was also one of the most attractive. She absorbed all Mother’s teaching methods; and her family in Britain, where she now lives, is a testimony to her fine guidance as a mother and grandmother, and not only as a teacher.
Picnics in Jaffna were given top priority. Mother liked to combine education with pleasure, so every picnic had some place of interest on the day’s agenda. We visited the Rosarian monks’ vineyards and place of retreat. We went to Keerimalai, which is a fresh water tank lying a few yards away from the sea. Bathing suits were not a part of our school wardrobes, but even in sarongs and bathing cloths we essayed a swimming stroke or two.
Visits to other schools were another distraction. Mother arranged netball matches with many Jaffna schools and colleges, and I particularly remember one with Vembadi Girls’ School, for I made a friend, Kiruba Moses, whom I remember to this day.
Mother was quickly drawn into the educational world of Jaffna. Miss Barker of Vembadi was a dose friend and Principals’ meetings were many. Being somewhat young at the time, many illustrious names have now escaped me. I do recall having tea with Lady Ramanathan, the British wife of the founder of Ramanathan College. Her daughter, Mrs. Nadesan, was the nominal Head of that school but it was the senior Lady Ramanathan who pretty much ran things. Transport was occasionally in cars – often in buggy carts.
Athough Mother did not keep diaries that recorded her personal experiences, she was a great one to keep detailed notes of the educational aspects of her life. That she would keep notes on my progress was to be expected, but they were not the sort of notes one expects of a mother: they were the notes of an educationist. In years to come I was not enchanted to read: ‘Goolbai would do better in Mathematics if she were not so over confident. This carries over into other subjects too, I find’.
Whatever Mother thought of my shortcomings as a student, she positively glowed at my accomplishments in Jaffna. Her notes took on a lyrical quality. She rhapsodized: ‘My experiments seemed to have worked at last, and Goolbai is really doing so well I can hardly credit it’. Never could it be said that dilly-dallying was one of Mother’s failings. Taking the tide at its flood she arranged for all the new academic interest I was showing to be further enhanced by a little advanced private tuition in Science.
My classmate Thilaka Karunanandan had a brother who had just finished his degree and was reputedly a brilliant scholar. Mother asked him if he would kindly tutor me in his spare time. He did.
When I was not studying on my own I was being tutored regularly. Along with my classmates, I played netball, studied, sang Tamil songs (which I quickly picked up) in the evenings, studied, had long icily refreshing well baths, studied, saw a movie once a month, studied and then studied some more.
My mind was soon becoming as razor-sharp as those of the brilliant Tamil girls with whom I was now competing although, truth to tell, I was never in their league. The students of HLC had the tenacity of Bruce’s spider. They were always on an upward track.
“But what did you do in Jaffna?” Colombo friends would ask Mother later.
“We were always doing something,” Mother would answer, and we were.
Socially, a lot went on behind those cadjan walls that screened the houses and gardens of Jaffna residences from the road. Right opposite our home and almost next to the school lived Dr. and Mrs. Canagasabai and their family. Dr. Canagasabai – a Malaya returned doctor, whose youngest daughter Dharma, had just left school –quickly struck up a friendship with us.
Dr. Canagasabai had a very large garden with a badminton court and every evening we would play strenuous matches with the Canagasabai nieces, nephews and friends. It was a sort of informal club. On moonlit nights picnics would be arranged to beaches and similar places, with no thought of danger in anyone’s mind. It was a time of peace. It was a time of friendship. These were the last few years before politics and politicians divided the island as surely as if they had taken a metaphorical knife and cut this lovely land and its people in half.
Sincerity, simplicity and affection were
what Mother found in Jaffna. She had expected immovable bastions of conservatism. She found instead pliable minds and flexible brains. Jaffna has always remained a special place to the Motwanis. Before the 1983 tragedy stopped travel to the North, I took my husband and daughter to revisit my old school. It was a nostalgic time.
The school was on vacation but I had the permission of the Principal to wander through it. Buildings had quadrupled in size but the familiar classrooms still stood. I recalled with a shudder the time I opened my desk and found that a little snake had got in through the inkwell. Could this have been the very desk perhaps? There was still an inkwell in it.
Mother had begun the study of Tamil a week after she got to Jaffna. Our brand-new house had a broad veranda running right around it. An enormous desk occupied the shady side of it, and it was here that Mother had her lessons. She could never rid herself of that very American trait which had every waking moment gainfully utilized. Despite a heavy work schedule, Mother seriously tried to learn the language.
“Did she ever pick it up?” I asked her teacher, Thailnayagi Thambu (now Karunanandan) recently.
“She was not in Jaffna long enough to really get into it,” was the tactful reply. Mother’s flair for languages did not translate well into the Oriental variety. She was considered the class wizard in Latin, French and Spanish but somehow her ear was not attuned to Sinhala and Tamil. Neither was it vital to learn either language when she first came to this island as the British still ruled and everything was in English. Father, on the other hand, picked up Sinhala in three months and was soon well able to berate our long suffering cook-amme in an understandable lingo.
I drifted into Mother’s old office. It was still the same office but very modernized. It was here Mother had drilled her teachers in the requirements of the Dalton Plan.
This plan was a system she had greatly admired when visiting the Dalton School in New York. It required that teachers made detailed plans of their subject, and students were given these plans in the form of six-weekly advance schedules. A gifted student could then even proceed on her own, while a weak one could get help before the subject was taken up in class. At the Dalton School in New York, which I attended for a short time, I never got beyond History and English — but I did complete those syllabuses to Mother’s satisfaction.
“Your Mother motivated us instantly,” said Miss Leela Navaratne (nee Ponniah). “We understood the Plan, and it was brilliant from the start.” Of course it worked well. The teachers of Jaffna were born with that same workaholic gene that Mother was finding in her pupils.
As I left the familiar grounds I took one long last look around. I somehow knew I would never see HLC again. Visits to Jaffna take a long time, and were not planned too easily even at that time. The memory of the picture my tall, lovely and gracious Mother made as she said her goodbye to the girls and Staff at Assembly that last day, is still fresh in my heart. And in my own heart the remembrance of Jaffna will always be green.
Our lovely days of quietness and harmony in Jaffna had drawn to a close and Mother returned to Colombo to head Musaeus College. One footnote that bears telling is that thanks to Mother’s recommendation, Dharma Canagasabai became an air hostess on the newly fledged Air Ceylon soon after Mother returned to Colombo.
Peninsula idyll
It cannot be said that I am one of those persons who look at the past through a rose-tinted veil. I do not think that my school days were the happiest times of my life. During my childhood, and even during the teen years, life was restrictive. It was often pleasant, but that was more the luck of the draw. Parents did not lay themselves out to entertain their children or keep them happy. They saw to it that we were reasonably well disciplined and well fed. Our ongoing happiness was not their problem. They had no reason to assume we were anything but totally contented. Today’s collective genuflecting at the shrine of teenage whims and fancies was simply not on.
Mother and Father did not expect either Su or me to feel depressed, insecure, uncertain or unsure. What cause did we have, parents would ask each other in honest bewilderment, to be any of the above? They saw to it that we were told all they felt we needed to know. We went straight from girlhood to adulthood with no dithering along the way. One day we looked like nothing on earth in sober uniforms, tightly braided hair and bright shiny faces, and the very next day we were in a sari (of Mother’s choice or else the choice of Mr. Chandiram, proprietor of the ‘in’ sari shop of the time and the arbiter of teen fashions), looking very grown up and quite glamorous. There was no in-between time.
If I was happy anywhere during my school years, it was in Jaffna. Perhaps it -was the laid-back lifestyle of the Peninsula that caused me to have Mother’s company for much of the time. This is what made it so pleasurable. We were always exceptionally close. For years we were pretty much alone together, while Father was traipsing round the world on lecture tours, and Su was in the USA with our grandparents or else at St. Bridget’s Convent which she loved.
As a result, Mother and I bonded more closely than we would have done if we had had a normal family life. It was a closeness that Su always resented. Sometimes Father did so too. I was more attuned than they were to Mother’s moods — such as they were, for she was not a moody person. She had a happy outlook, an optimistic one. Her occasional worries became my worries, and as I grew older, I could always sense if she were ill.
I worried about her health. Mother had rather brittle bones, and a fall could mean a fracture. She had a low tolerance of pain, and I hated to see her suffer. Her joys, likewise, were shared with me. I understood her. We loved being together. Her gentleness, imposed on my more aggressive personality, has benefited me all my life.
Mother feared and disliked cats intensely. This aversion extended to anything furry, even a fur coat.
“Would you rather have a snake curled round you or have a cat on your lap?” we would ask her.
“A snake any day,” she’d reply, shuddering. “I would hyperventilate if a cat sat on my lap.”
This fear caused her much grief When she was a teenager my grandmother had taken her to hear the great pianist Paderewski play. (He was later the Prime Minister of Poland). The lady seated next to Mother had slung her fur coat over the arm of her chair, and poor Mother sat rigidly through what should have been one of the most wonderful experiences of her life.
Features
Foreign funding and private donations for CIABOC
Reform of the Anti-Corruption Act – Part I
The Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) announced last month that amendments to the Anti-Corruption Act of 2023 were on the cards so as to restrict public access to the assets and liabilities declarations filed with the Commission. The information, released in 2025, caused profound embarrassment to the present government, but was received very well by the public and any attempt to restrict that information flow at this stage, may prove to be very unpopular.
The popular demand now would be that organisational entities, like political parties and trade unions, also be required to file assets and liabilities declarations with the CIABOC, instead of just the individuals holding positions in such bodies.
Be that as it may, there are some serious issues that need to be rectified in the Anti-Corruption Act of 2023. Foremost among them is Section 31(4) (b) which states that the fund of the CIABOC can receive money “by way of donations, gifts, bequests, or grants from any source whatsoever, whether within or outside Sri Lanka, subject to the approval of the Minister assigned the subject of Finance.”
Those who would be motivated to give gifts and donations to a body like the CIABOC would only be those who want to influence it in some manner to achieve a collateral purpose. While the English version of the Anti-Corruption Act states that the CIABOC can receive such funds “from any source whatsoever whether within or outside Sri Lanka”, the Sinhala version of the Act has sought to disguise that intention by using more opaque wording which goes as: “Sri Lankawa thula ho Sri Lankawen pitatha pihiti yam mulashrayakin”.
The English “any source whatsoever” has been diluted in the Sinhala version by the use of the phrase “yam mulashrayakin” which roughly translates as ‘from a certain source’. When the Sinhala word ‘yam’ is used and nothing more is specified, in practice it becomes “any source whatsoever”! The difference in the way Section 31(4) (b) has been worded in the English and the Sinhala versions of the Anti-Corruption Act of 2023 clearly reveals the villainous intention behind this provision.
Giving the Finance Minister a say in approving such donations gives an incumbent Finance Minister undue leverage over the Commission. We must be mindful of the fact that the Finance portfolio has often been held by the President.
The Indian policy
Section 31(6) of the Anti-Corruption Act states that the source and purpose of such foreign and local private donations have to be made public by the Commission, within one month. However, even if funding is received openly, that does not mean that such funding is given without a collateral purpose. Journalists, like Shamindra Ferdinando, and Malinda Seneviratne, have taken up cudgels in the past about foreign interested parties, like USAID openly funding organisations, such as the Bar Association of Sri Lanka, and certain associations of journalists. Does anyone remember what President Donald Trump said about the activities of USAID? A law enforcement agency, like the CIABOC, should never be left open to the contagion of private funding by local and foreign interested parties.
India imposes strict limitations on all Indian citizens with regard to the receipt of foreign funds under the Foreign Contributions (Regulation) Act of 2010. These limitations apply to politicians at all levels of government, judges, public servants and even journalists, cartoonists and political activists. The Indian restrictions apply not only to money or property but even to foreign trips and other forms of foreign-funded hospitality.
India would never allow its premier anti-corruption law enforcement body to directly receive funding from abroad or from private donors within India. The Indian anti-corruption body that corresponds to Sri Lanka’s CIABOC is the Central Vigilance Commission of India. Section 13 of the Indian Central Vigilance Commission Act of 2003 states that all expenses of the Commission will be charged on the Consolidated Fund of India. In Sri Lanka, too, all expenses of the CIABOC should be a charge on the Consolidated fund of Sri Lanka.
Because of the enormous power that it wields over the lives of all politicians, public servants, and judicial officers in Sri Lanka, the receipt of foreign funding or private donations by the CIABOC impacts negatively on the national interest and even the sovereignty of Sri Lanka. The power of the CIABOC is such that it’s like the Police Department, Attorney General’s Department, parts of the judiciary and the executive presidency all rolled into one. Sections 32 to 72 of the Anti-Corruption Act outlines the wide ranging powers wielded by the CIABOC.
The CIABOC has complete and total control over their officers and employees. The appointment, salaries, conditions of service, promotion, disciplinary control and dismissal of their employees is handled entirely by the Commission itself. In contrast to this, such matters with regard to the Police, the Attorney General’s Department and the Judiciary are handled by the National Police Commission, the Public service Commission and the Judicial Services Commission, respectively. The checks and balances that apply to other law enforcement entities do not apply to the CIABOC.
The CIABOC can recruit staff from other parts of the public service (which includes the Police Department). However, the police officers taken into the Commission do not function under the IGP but under the authority of the Commission which effectively gives the CIABoC its own police force. Authorised officers of the CIABOC can manhandle and arrest suspects without an order from a Magistrate, enter and search any premises, or vehicle, seize any article deemed necessary for their investigations and use force if necessary in carrying out these functions. They can carry out undercover operations and use bugging devices.
The Commission can summon any person and examine him on oath or affirmation; obtain details of transactions and accounts from banks, obtain information from the Inland Revenue Department, freeze bank accounts, order the Controller of Immigration and Emigration to impound passports. With the sanction of a Magistrate the CIABOC can direct any person to unlock or unencrypt digital devices and intercept messages. Following such investigations, the CIABOC can institute criminal proceedings against the persons concerned in the Magistrate’s Court or the High Court.
Under Sections 67 and 71, the CIABOC can withdraw or defer the indictment against the accused after taking into account considerations such as the national interest and public interest; the views of the victims of the offence; and representations that may be made by the accused person or his lawyer. In withdrawing such indictments, the CIABOC may impose on the accused conditions such as publicly expressing remorse and apology before the High Court, providing reparations to victims of the offence, publicly pledging to refrain from committing further offences or to permanently refrain from holding elected or appointed public office.
Most powerful law enforcement agency
Thus, we see that the CIABOC controls the entire gamut of law enforcement in relation to offences coming within its purview. From manhandling and arresting suspects, obtaining statements under oath, seizing documents and other goods, searching premises, freezing bank accounts, impounding passports, to conducting criminal prosecutions in Magistrate’s Courts and High Courts, and even granting clemency to accused individuals, the Commission controls the entire process.
No single institution, whether it be the Police Department, the Attorney General’s Department, the Judiciary or the Executive Presidency, wields such extensive power over the lives of key government functionaries, public servants, judges and ordinary citizens. Even the President’s power to pardon offenders is restricted in so many ways. However, the Commission can grant clemency to anyone facing legal proceedings on nothing more than the representations made by the alleged offender’s lawyer and on the condition of not committing such offences again or agreeing never to hold public office again.
Leaving an exit pathway, such as that envisaged in Section 67 and 71, is a good policy in criminal justice administration, especially when it comes to bringing to a conclusion cases with many grey areas. Hence, we do not question the power conferred on the CIABOC to grant clemency under Sections 67 and 71. However this provision, when taken together with the other powers of the Commission, immeasurably increases its power. In the hands of the wrong people, the powers of the CIABOC can be used to pressurize and remove targeted individuals from public life.
Any foreign or local interested party that provides private donations to the CIABOC, under Section 31(4) (b) of the Anti-Corruption Act, will in effect be buying influence over Sri Lanka’s most powerful law enforcement agency.
In 2010, over half a million US Dollars in cash was found in the possession of a close relative of a candidate at the Presidential election. In December 2014, foreign currency totaling well over one million USD was discovered in the possession of a relative of another presidential candidate. In more recent times, many media personalities have commented on the manner in which the 2025 assets and liabilities declarations of certain government figures reveal large inflows of cash in 2022 – the regime change year.
Against such a backdrop, allowing an all-powerful law enforcement agency, like the CIABOC, to accept donations from foreign and local interested parties, can hardly be in the public interest. Hence, Section 31(4) (b) of the Anti-Corruption Act should be repealed.
(To be continued tomorrow)
by A Special Correspondent
Features
Sri Lankan Airlines Airbus Scandal and the Death of Kapila Chandrasena and my Brother Rajeewa
The death of Mr Kapila Chandrasena (KC), the former CEO of SriLankan Airlines, caused quite a stir in the country. A few politicians, particularly from the opposition, tried to take advantage of the confusion surrounding his death, whilst social media went into a frenzy, with everyone having a theory as to the cause of death.
Even Transparency International Sri Lanka (TISL), the independent anti-corruption watchdog, issued a public statement urging the Government to ensure a full, transparent, and credible investigation into the circumstances surrounding Kapila Chandrasena’s (KC’s) death. TISL further emphasized that the Government bears a responsibility to protect the integrity of the judicial process and to ensure that individuals connected to high-profile investigations are able to participate in proceedings in a safe and secure environment.
While such concerns are understandable, I strongly believe that it is necessary to await the findings of the magisterial inquiry before reaching conclusions regarding the cause of death. To speculate irresponsibly, particularly to fit pre-existing political beliefs, is unfair not only to the deceased but also to his grieving family and loved ones.
First and foremost, I wish to convey my sincere condolences to the family of KC. I understand personally the trauma and anguish associated with losing a loved one unexpectedly and under tragic circumstances.
My brother’s death
Unfortunately, the death of KC also resulted in renewed interest in the death of my brother, Rajeewa Jayaweera, in June 2020. Some individuals on social media attempted to link his death to the newspaper article he published on the Airbus scandal involving SriLankan Airlines, KC and his wife.
Some people even circulated photographs of my brother’s body at the site of the incident across social media platforms. This was deeply insensitive and extremely distressing to my sisters and me. The loss of a sibling under tragic circumstances is something from which one never fully recovers. It took our family years to come to terms with his passing, and to have those painful images resurfaced in connection with an entirely unrelated event reopened old wounds unnecessarily.
On behalf of my sisters and myself, I wish to state unequivocally that my brother, Rajeewa Jayaweera, took his own life in June 2020 due to personal circumstances. His death had absolutely no connection whatsoever to his writings regarding the Airbus scandal. Neither the Rajapaksas, nor any political actor, nor any state agency was involved in his death. The magisterial inquiry into the matter returned a verdict of suicide.
Those who know me personally are aware of my forthright and combative nature. Had there been even the slightest credible suspicion surrounding my brother’s death, I would never have rested until justice was pursued. Since this was clearly established as a case of suicide, I sincerely hope that those who continue to circulate unfounded theories will finally allow the matter to rest with dignity.
The Sri Lankan Airbus scandal
The alleged payment of a USD 2 million bribe by Airbus SE to a shell company established in Brunei by the wife of a senior SriLankan Airlines official came to light following the approval of a Deferred Prosecution Agreement (DPA) between the UK Serious Fraud Office (SFO) and Airbus SE.
The DPA was approved on January 31, 2020 by Dame Victoria Sharp, President of the Queen’s Bench Division, sitting at the Crown Court in Southwark. The award represented one of the largest global anti-corruption settlements in modern corporate history.
The Airbus investigation by the SFO extended far beyond Sri Lanka. It involved allegations of bribery and corrupt practices linked to aircraft purchases by AirAsia and AirAsia X in Malaysia, SriLankan Airlines, TransAsia Airways in Taiwan, PT Garuda Indonesia, Citilink Indonesia, and military aircraft transactions involving the Government of Ghana.
The approved judgment contained specific references to the SriLankan Airlines transaction (page 12, points 41 to 44). It alleged that Airbus employees, contrary to Section 7 of the UK Bribery Act 2010, failed to prevent bribery involving individuals connected to the airline’s aircraft procurement process between July 2011 and June 2015.
According to the Statement of Facts, Airbus engaged the wife of an individual connected to the aircraft acquisition process through a shell entity described as “Company Intermediary 1”. Airbus employees allegedly offered up to USD 16.84 million in commissions in relation to SriLankan Airlines’ purchase of ten Airbus aircraft and the lease of four additional aircraft. Ultimately, only USD 2 million was allegedly paid.
The judgment further stated that Airbus employees sought to disguise the identity of the beneficial owner behind the intermediary company and misled the United Kingdom Export Finance Agency (UKEF) regarding the intermediary’s qualifications, aviation experience, and role in the transaction.
The smoking gun from Sri Lanka that commenced the UK SFO investigation
The matter became particularly significant because it was the concerns raised by UKEF regarding the SriLankan Airlines intermediary that ultimately triggered the wider SFO investigation into Airbus. UKEF questioned why an individual with little aviation experience and who was domiciled outside Sri Lanka had been engaged as a business partner in such a major transaction.
Airbus reportedly provided misleading and inaccurate responses to those concerns in February 2015. Unsatisfied with the explanations provided, UKEF escalated the matter, which subsequently contributed to the formal investigation launched by the SFO in July 2016.
Ironically, what appears to have been a poorly concealed and amateurishly structured bribe involving SriLankan Airlines ultimately became one of the catalysts for a global corruption investigation that resulted in Airbus paying penalties approaching EUR 4 billion across the United Kingdom, France, and the United States.
Under the settlement approved in the UK, Airbus agreed to pay approximately EUR 991 million into the UK Consolidated Fund, including disgorgement of profits and financial penalties. Simultaneously, French and American authorities imposed additional penalties amounting to nearly EUR 3 billion.
Aircraft procurement and corruption
The Airbus matter once again highlighted a longstanding global reality: aircraft procurement has historically been highly vulnerable to corruption. The purchase of aircraft involves enormous financial values, complex financing arrangements, confidential negotiations, intermediaries, export credit agencies, and political influence. These factors create conditions for improper payments and abuse of authority.
Globally, there have been numerous allegations over several decades involving commissions, hidden intermediaries, and questionable consultancy agreements linked to aircraft purchases by both commercial airlines and governments. It is generally believed that the average commissions paid are between 3% to 5% of the order value.
The cost to Sri Lankan taxpayers
One of the most undesirable aspects of the Airbus affair is the financial burden ultimately borne by ordinary Sri Lankan taxpayers.
In 2015, the Government of Sri Lanka decided to cancel the order for four Airbus A350 aircraft as they were deemed unsuitable. As a consequence of that cancellation, SriLankan Airlines incurred penalties estimated at approximately USD 140 million, equivalent to roughly Rs. 19.2 billion at the time.
While Sri Lankan taxpayers absorbed these enormous losses, the United Kingdom taxpayers benefited financially from the Airbus settlement. The UK Consolidated Fund received almost EUR 1 billion arising from the penalties imposed on Airbus.
The contrast is stark. Sri Lanka suffered substantial financial losses as a result of a transaction tainted by allegations of corruption, while foreign governments received the benefit of the resulting fines and penalties.
The questions raised by my brother
My late brother, Rajeewa Jayaweera, wrote an article about the Airbus scandal in an article published in the Sunday Island on February 16, 2020, titled “SriLankan Airlines Airbus Deal”. In the article, he referred to a SriLankan Airlines Board meeting held on October 27, 2016.
According to his article, Board Minute 7.3 dealt specifically with reports that Airbus was under investigation in Europe for bribery-related offences. Rajan Brito, who was then a director of the airline, reportedly informed fellow board members about the investigations and tabled draft letters intended for Airbus, Rolls-Royce, and AerCap.
Those draft letters reportedly suggested that the aircraft transactions may not have been based solely on commercial considerations and sought information regarding the role of facilitators and intermediaries.
However, according to my brother’s article, Brito’s proposal to send those letters was reportedly ignored on the basis that the airline was negotiating favourable terms to cancel aircraft purchase commitments and that sending such letters might sour relations and disadvantage the airline.
However, my brother believed that the decision not to proceed with Brito’s letters was controversial and highly questionable, and that the airline could have sought the assistance of the PNF (Parquet National Financier) to investigate the deal and seek financial restitution, given that the order was allegedly tainted by corruption, particularly given the emerging evidence of corruption surrounding the transaction.
Even today, an important question remains unanswered: did the Government of Sri Lanka or any subsequent board of SriLankan Airlines seriously attempt to recover the USD 140 million cancellation penalty, along with any inflated amounts paid after the global corruption findings against Airbus became public?
The slow pace of Sri Lankan justice
Following the public release of the UK judgment on January 31, 2020, Sri Lankan authorities moved relatively quickly to initiate legal proceedings against KC and his wife.
On February 4, 2020, arrest warrants were reportedly sought. On February 6, 2020, KC and his wife surrendered to the Criminal Investigation Department (CID) and were remanded until March 4, 2020, when they were released on bail.
The allegations reportedly related to accepting a USD 2 million bribe and engaging in money laundering activities. Press reports also indicated that travel restrictions had been imposed.
However, six years later, the matter still appears unresolved. Based on publicly available information, indictments were reportedly filed before the Colombo High Court in 2022. Since then, several hearings dealing with procedural and preliminary issues have reportedly taken place, but the substantive trial itself has yet to properly commence. With KC now deceased and reports suggesting that his wife may have absconded, the prospects of successfully prosecuting the matter appear increasingly uncertain.
Many Sri Lankans understandably feel frustrated by the slow pace at which corruption-related cases proceed through the judicial system. This frustration is particularly acute where allegations involve politically connected individuals or transactions involving massive losses to the public.
The public perception is that investigations move slowly, prosecutions are delayed for years, and accountability is often ultimately avoided through procedural delays, political changes, or the passage of time.
To be fair, corruption cases involving international financial transactions are inherently complex. They require cooperation between multiple jurisdictions, access to banking records, mutual legal assistance processes, forensic accounting, and substantial documentary evidence. Nevertheless, the extraordinary delays contribute to growing public cynicism regarding the administration of justice.
It is also worth noting that the UK proceedings against Airbus did not publicly identify KC by name. Much of the public discussion in Sri Lanka has therefore relied on local investigations and media reporting rather than the UK judgment itself.
According to information available in the public domain, the alleged funds connected to the USD 2 million payment ultimately found their way into an Australian bank account linked to KC. Given the reputation of Australian authorities for cooperating with international law enforcement investigations, many members of the public expected a faster and more decisive legal process in Sri Lanka.
In that context, a detailed public explanation by the Attorney General’s Department regarding the legal and evidentiary challenges affecting the case may help improve public understanding and confidence.
SriLankan Airlines: A continuing national burden
The Airbus controversy cannot be viewed in isolation from the broader failures surrounding SriLankan Airlines over several decades.
The national carrier has accumulated debts estimated at approximately USD 1.2 billion, equivalent to nearly Rs. 350 billion. This translates to a burden of roughly Rs. 16,000 per Sri Lankan citizen, including millions who have never travelled on the airline.
Successive governments have interfered extensively in the airline’s operations. Political appointments, weak governance, lack of commercial discipline, and poor strategic decision-making have contributed significantly to the airline’s decline.
Far too often, individuals lacking meaningful aviation expertise have been appointed to key board and management positions. Political loyalty has frequently taken precedence over competence and experience.
The decision to terminate the management and ownership partnership with Emirates remains one of the most controversial episodes in the airline’s history. Many industry observers believe that decision alone cost Sri Lanka billions of rupees in lost opportunities and operational deterioration.
Despite repeated financial losses and mounting taxpayer burdens, very few individuals have ever been held accountable for the disastrous decisions that contributed to the airline’s decline.
The current Government faces an unavoidable reality. SriLankan Airlines cannot continue indefinitely as a financially unsustainable state enterprise funded by taxpayers already struggling under severe economic hardship. Decisions regarding the future of the airline must be guided by commercial reality rather than political ideology or emotional nationalism.
Ultimately, the Airbus scandal is not merely about one individual or one alleged bribe. It reflects deeper structural weaknesses involving governance, political interference, accountability, and institutional failure within Sri Lanka.
Sadly, a relatively young man has now lost his life amidst these events and controversies. Regardless of the allegations against him, that remains a human tragedy. At the same time, the country must continue to demand transparency, accountability, and institutional reform so that such scandals are never repeated.
(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).
By Sanjeewa Jayaweera
Features
High stakes and hidden hands: Navigating the maze of electronic financial fraud
Electronic or digital financial fraud is the current, extremely distasteful description of a blight that has hit the entire globe; a menace that is perpetrated through an unbelievable labyrinth of interconnected dishonourable and nasty manoeuvres. In an era where our financial lives are increasingly becoming digital, the “perfect financial crime” no longer requires a getaway car. It just needs a high-speed internet connection and stupendously brilliant, depraved and Machiavellian minds.
Modern scams have advanced far beyond the poorly spelt emails of the past. They are now extremely sophisticated operations exploiting psychological manipulation and deep-fake technology. Financial fraud has evolved from simple street-level deception into a complex, multi-billion-dollar industry. It has been manipulated through many different currencies in different parts of the world. In Sri Lanka, the landscape of scams has shifted from traditional “pyramid” schemes to sophisticated digital heists and institutional bond scandals that threaten the very fabric of our national economy. From an international outlook, financial fraud is becoming increasingly transnational. Sri Lanka is currently under intense scrutiny by the FATF (Financial Action Task Force). Sri Lanka falling onto the “Grey List” again would have severe repercussions, potentially causing international banks to suspend payments to the island, severely upsetting our exporters.
The financial fraud profile of Sri Lanka has gone from “Bonds” to “Glitches”. Our country has been rocked by high-profile financial irregularities that serve as a stark warning about institutional integrity. First was the Treasury Bond Scandal. Often cited as the largest financial scam in the nation’s history, the Central Bank bond issuance of 2015 highlighted the risks of Insider Trading and the manipulation of government securities. The fallout cost the public billions of rupees, demonstrating how high-level collusion can bypass traditional safeguards.
The recent problem where the Treasury remitted a very large amount of foreign currency to a different portal to which money should not have been sent is a special type of Financial Fraud problem that seems to have been instigated by a deceptive email. It is under investigation at present, and it appears that it is the money that had been earmarked for foreign debt reconciliation. It is the taxpayers’ money that has been allowed to be swindled by unscrupulous crooks.
Then there is the National Development Bank (NDB) “Glitch” Controversy.
The entire banking sector was shaken to its roots by reports of a massive multi-billion-rupee fraud at the NDB. This incident, often referred to in local circles as “The Glitch,” involved the alleged diversion of funds through a sophisticated manipulation of the bank’s internal accounting systems.
Then there are the perceived Guardians, who often serve as Whistleblowers. The fight against such deep-seated corruption rarely begins with a regulator; it often starts with an individual. It is just someone who smells a rat. Maya Senanayake, a forensic expert at NDB, has emerged as a symbol of integrity in this landscape by identifying anomalies that others chose to ignore. Whistleblowers like Senanayake face immense personal and professional risks. Their role is a “Herculean effort”, very often battling institutional stonewalling to bring the truth to light. Without such individuals, “Suspense Account” spikes and “shell-company diversions” would remain invisible to the public eye.
Having mentioned just two of the buzz phrases in circulation, given in Italics above, it is pertinent to provide definitions for some of these phrases that are being bandied about very frequently in articles on the main subject of this article.
· SCAM – It is a fraudulent scheme or deceptive act performed by an individual or group to trick a victim into giving up something of value, typically money, personal information, or assets. It is a blatant lie or a misrepresentation of the truth. Unlike theft (where something is taken by force), a scam usually involves the victim “willingly” handing over assets because they believe the fraudster’s story. Scams often rely on psychological manipulation, such as creating a sense of urgency, fear, or the promise of a “too good to be true” reward.
· HACKERS –
The term has evolved significantly and carries different meanings depending on the context. In the broadest sense, a hacker is someone who uses technical skills to overcome a problem or bypass a system’s limitations. The cybersecurity industry generally classifies hackers by their intent, often using a “hat” colour system.
The White Hat Hackers are an ethical group that is hired to detect vulnerabilities. They are legal and helpful as they improve security by reporting bugs.
The Black Hat Group are cybercriminals who break into systems illegally. They are malicious, steal data, plant malware, or disrupt services.
The Grey Hats Individuals who may break laws to access a system, but without malicious intent. They are individuals who might find a bug without permission and then offer to fix it for a fee.
· MONEY LAUNDERING – It is the process of “cleaning” illicitly-earned money by passing it through complex bank transfers or commercial transactions.
· TREASURY BOND –
A government debt security that provides a fixed interest rate. Manipulating these affects the nation’s debt and interest rates.
· WHISTLEBLOWER –
It is an “insider” who reports and even makes public, concealment of illegal or unethical activities within an organisation to the public or relevant authorities.
· SUSPENSE ACCOUNT –
A temporary account used to hold funds while their final destination is determined. These are frequently used in fraud to “hide” money during transfers.
· SHELL COMPANY –
No., NO…, it is not the Shell Company that deals with fuel. This terminology refers to a company that exists only on paper and has no active business operations. It is very frequently used to obscure the identity of those moving money. They become “Ghosts”.
· FORENSIC AUDIT –
An examination of financial records to find evidence that can be used in a court of law or for legal proceedings.
When one examines some of these frauds and scams, it becomes clear that at the bottom of the distasteful occurrences lie systemic inadequacies. Scrupulous attention to all details of financial transactions, trustworthy and fool-proof systems dealing with financial transactions, utmost vigilance and a very high degree of suspicion are the incontrovertible needs of the hour. The powers-that-be in all things that deal with financial transactions must consist of people with unblemished honesty, unbridled integrity and honour.
International best practices now emphasise a shift from “rules-based” to “risk-based” oversight, even going to the extent of utilising Artificial Intelligence (AI) to detect suspicious patterns in money laundering and financial fraud that a human eye might miss.
For individuals and the general public, the Three Golden Rules for Protection are as follows”
· Demand Transparency:
Whether you are an investor or a depositor, always ask for the audited financial statements of the institution.
· Verify the Chain:
In government securities, ensure you are dealing through registered primary dealers.
· Support Protections:
Advocate for stronger Whistleblower Protection Acts to ensure that those who speak the truth are not penalised by the system they seek to save.
The trick is to protect ourselves from the Invisible Thief by protecting ourselves from Modern Scams. Here is a breakdown of the most prevalent threats today and how to safeguard your assets.
A. The “Urgent Authority” Tactic
Scammers often impersonate trusted institutions such as banks, financial institutions, tax offices, or law enforcement. They create a sense of artificial urgency, claiming your account has been compromised or you owe an immediate fine.
· The Red Flag: Any request to move money to a “safe account” or pay via untraceable methods like gift cards or cryptocurrency.
· The Defence:
Hang up immediately or delete the message if it is on email. Contact the institution using a verified phone number from their official website or the back of your bank card to check the veracity of the request.
B. Investment and “Get Rich Quick” Schemes
With the rise of digital assets, “pig butchering” scams have become rampant. Fraudsters build a relationship with the victim over weeks (the “fattening”) before suggesting a “guaranteed” investment opportunity in crypto or forex (the “slaughter”).
· The Red Flag: Returns that consistently outperform the market with “zero risk.”
· The Defence:
If an investment opportunity sounds “too good to be true”, it almost always is. Professional financial advisors do not solicit clients via WhatsApp or dating apps.
C. Phishing and Smishing (SMS Phishing)
These are deceptive messages designed to steal login credentials. You might receive a text stating a package delivery failed, or your Netflix subscription has lapsed, followed by a link to a “login” page that looks identical to the real thing.
· The Red Flag: Unusual URLs (e.g., wellsfarg0.net instead of wellsfargo.com) and unexpected attachments.
· The Defence:
Never click links in unsolicited messages. Use Multi-Factor Authentication (MFA) on all sensitive accounts; even if a thief gets your password, they won’t get the secondary code.
4. The AI Impersonation (The Grandparent Scam)
Advancements in AI voice cloning allow scammers to mimic the voice of a loved one in distress. They may call claiming to be in a car accident or legal trouble, begging for immediate funds.
· The Red Flag: High emotional pressure and a demand for secrecy.
· The Defence:
Establish a “family password” – a unique word or phrase only your inner circle knows. If the caller cannot provide it, they are not who they say they are.
The Three Golden Rules for Financial Safety are
· Slow Down and Do Not Get Frightened:
Scammers rely on panic. Taking five minutes to think or consult a friend usually breaks the spell of the scam. It is also important to realise that some scammers try repeatedly.
· Verify the Source:
Never trust Caller ID, as numbers can be easily “spoofed” to look local or official.
· Protect Your Data:
Be wary of how much personal information you share on social media. Scammers use these details to make their impersonations more convincing.
Your bank will NEVER EVER ask for your Personal Identification Number (PIN), your Account Password, One-Time-Password (OTP) or request you to transfer money to an entirely new, unknown account. If any such request comes, do not fall for it and immediately contact the institution through their standard publicised telephone lines to check on the veracity of the request.
If you suspect you have been targeted, report it to the bank or financial institution, your local authorities and the legal investigative portals…, IMMEDIATELY.
(Some of the material presented
in this article was extracted with the help of AI.)
by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
An independent free-lance correspondent.
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