Bids to move HC, CA against corruption probe fail

By Shamindra Ferdinando

A high-profile investigation into corruption in the Kurunegala Municipal Council involving members of Sri Lanka Podujana Peramuna (SLPP), Samagi Jana Balavegaya (SJB) and Sri Lanka Freedom Party (SLFP) has begun following an abortive bid made by Kurunegala Mayor Thushara Sanjeewa Vitharana (SLPP) to halt the proceedings.

The Court of Appeal did not issue a stay order in respect of Mayor Vitharana’s plea to nullify a gazette issued by North Western Province Governor Admiral of the Fleet Wasantha Karannagoda to conduct an inquiry into allegations of corruption against him. The Mayor has moved the Court of Appeal after Kurunegala High Court judge N. A. Nishantha Peiris dismissed the case on Nov 29. Former lawmaker Faizer Musthapha, PC, and Senior State Counsel Nayani Kasthuriratne appeared for the complainant and respondents, respectively.

Karannagoda has appointed retired Judicial Officer Lalith Ekanayake to conduct the inquiry. Investigations conducted by the National Audit Office have revealed how members of the government, the Opposition as well as officers of the Kurunegala MC brazenly shared shops available at the Kurunegala Central market, main bus stand and Maligapitiya shopping complex outside laid down procedures. The report named all recipients, including Mayor Thushara Sanjeewa Vitharana (three shops) and Opposition Leader W. A. Wijayananda Wedisinghe (two shops).

The Court of Appeal has postponed the hearings to January when it was first taken up on Dec 15 thereby allowing the commencement of the investigation. Having sent a medical certificate through a lawyer on the first day he was asked to come, the Mayor appeared before the One-man commission held at the Kurunegala Government building. The Mayor has been served with the charge sheet and other necessary documents. Hearings are scheduled to commence today (Dec 23) and then continue in the first week of January.

Early this week, the crisis at the Kurunegala MC took a new turn when the budget presented by Mayor Vitharana was defeated with some SLPP members voting against it. The budget received seven votes in favour and 14 against.

When this issue was raised with Auditor General W.P.C. Wickremaratne, the official said that it was the responsibility of relevant political authorities to act on the findings/queries made by the National Audit Office.Karannagoda, who served as the Commander of the Navy at the height of the war (2005-2009) has held several appointments after his retirement, including that of Sri Lanka’s Ambassador in Tokyo before being named Governor of the North Western Province in Dec. 2021. The NW Province comprises the administrative districts of Kurunegala and Puttalam.

The AG stressed that their findings, pertaining to the Kurunegala MC administration, had been brought to the notice of the Parliament on more than one occasion. Local Government bodies come under Prime Minister Dinesh Gunawardena, who is also the Minister in charge of Local Government ministry.

The Governor, who represents the executive, issued an extraordinary gazette notification on Nov. 09 requesting for a comprehensive report from the one-man commission within three months. Declining to comment on the developments, Karannagoda said that he would await the completion of the investigation conducted in terms of the Commission of Inquiry Act.

The appointment of the one-man commission took place, consequent to inquiries conducted by three boards into findings by the National Audit Office.The National Audit Office has queried the payment of nearly Rs 59,879,720 more than the required amount to a CCD Construction Company in respect of two projects undertaken by the Kurunegala MC. Pointing out that this excess payment had been in spite of the total value of the agreement being Rs. 232,122,585, though estimated at Rs 230,186,606.

The National Audit Office has altogether queried 27 projects undertaken by the Kurunegala MC. The excess payment of Rs 59,879,720 pertained to one of the 27 projects undertaken during Thushara Sanjeewa’s tenure as the Mayor.

The SLPP won the Kurunegala MC at the Feb 2018 Local Government polls. The Kurunegala Mayor was implicated in the demolition of the Buwaneka Hotel, building with a historic connection, on July 15, 2020. The Road Development Authority (RDA) demolished the building without obtaining approval from the Department of Archaeology.Following the Governor taking action on disclosures made by the National Audit Office, an interested party had made representations to political higher-ups to thwart investigations and further actions.

Responding to queries,Auditor GeneralWickremaratne explained the urgent need to have cohesive systems to take punitive measures against those found guilty of waste, corruption, irregularities and mismanagement. The disclosures pertaining to the Kurunegala MC shouldn’t be considered as an isolated incident, the AG said, adding that over the years they had submitted quite a number of reports to Parliament that hadn’t so far produced the desired results.

The National Audit Office has also inquired into large scale frauds perpetrated by the Kurunegala MC, renting of shops at Kurunegala bus stand, procurement of excavator from the private sector, in spite of having oneofits own, releasing of machinery belonging to Kurunegala MC to various contractors, releasing land belonging to the state and Kurunegala MC to outsiders, serious financial irregularities in the procurement of water meters outside laid down procedures and payment of Rs 329,450 for furniture that hadn’t been procured by the Mayor’s Office.