News
Letter of demand served over controversial release of 15 elephants
By Ifham Nizam
A letter of demand was served yesterday on the Attorney General’s Department, Cabinet Minister Wildlife, State Minister Wildlife, Ministry Secretaries, Chief Curator Pinnawala, Director General Wildlife and Director General Zoo over the controversial release of 15 elephants from state custody.
Attorney-at-Law and Notary Public K. Nimmi Sanjeewani yesterday submitted the letter of demand stating clients (1) Centre for Environmental Justice, (Guarantee) Limited (2) Mr. Athragoda Kankanamge Dilena the Executive Director of the Centre for Environmental Justice both of 20A, Kuruppu Road, Colombo 08 (3) Ms. Panchali Madurangi Panapitiya of 565/4A, Mihindu Mawatha, Malabe (4) Ms. Maheshi Nanayakkara of No. 5, Jayanthipura Road, Battaramulla and (5) Ms.Wadduwage Visakha Perera Tillekeratne of No.73/12, Kirillapone Avenue, Colombo 05.
“I am instructed to state that on or around 06th of September 2021, the Learned Magistrate of Colombo Fort Magistrate Court and the Learned Magistrate of Matale Magistrate Court ordered the Director-General of National Zoological Gardens to release elephants that were in the custody of the Department of National Zoological Gardens as productions in Cases bearing Nos. B 23073/01/15 and B 941/14, respectively back to their so-called owners, upon the consideration of an application made by the Officer-in-Charge of the Special Investigation Unit No. 01 of the Criminal Investigation Department based on the Gazette Extraordinary No. 2241/41 dated 19.08.2021 issued under the Fauna and Flora Protection Ordinance as amended and on your instructions.”
Accordingly, 15 elephants which were held under the custody of the Department of National Zoological Gardens as productions were released back to those accused of illegally capturing them from the wild and keeping them in their possession under fraudulent documents and/ or without registering them in terms of the provisions of Fauna and Flora Protection Ordinance No. 2 of 1937 as amended.
“I am instructed to state that the said application made before the Learned Magistrates for the release of productions of an unconcluded matter is contrary to the provisions of Section 6 (3)(c) of the Interpretation Ordinance No. 21 of 1901 as amended.”
Furthermore, Regulation 19 of Gazette Extraordinary No. 2241/41 dated 19.08.2021 specifically states that the Registration and Licensing of Tuskers and Elephants Regulations, 1991 published in the Gazette Extraordinary No. 662/4 of 14, May 1991 is rescinded without prejudice to anything previously done there under.
“This not only worsens the plight of elephants that were illegally captured from the wild but also undermines every effort made by conservationists and wildlife advocates to protect the country’s dwindling elephant population. However, should you fail to respond to this demand as to what action/s you propose to take in keeping with the statutory cum constitutional duty imposed upon you and/or your department, pleased be informed that not only would my clients regard the content of this letter having been admitted but also that it would be construed by my clients in law as inaction on your part and your department and a refusal to perform your said statutory cum Constitutional duty which would compel my clients to seek and pursue appropriate legal action in an appropriate judicial forum for which I have instructions to institute on their behalf.”
News
Buddhist hierarchy demands prison perks for monk convicts
MONETABRIEF– Sri Lanka’s two most senior Buddhist chapters, Malwatte and Asgiriya, demanded special concessions for monks serving prison sentences, following the disrobing of convicted monk Ven. Galagodaatte Gnanasara in line with established procedures.
The chief prelate of the Asgiriya chapter, Most Venerable Warakagoda Sri Gnanarathana, told Prisons Commissioner Senaka Palletenna that Ven. Gnanasara, who is serving a six-year sentence for contempt of court, must be released immediately.
Prison authorities have no power to release or pardon convicts, but Palletenna told the monk in Kandy on Friday that he would convey his request to the relevant government authorities.
“There is no point in talking about this and that… The entire country has been shaken (??????? ) . He must be released,” the Asgiriya chief prelate said.
The Malwatte chief prelate, Most Venerable Thibbatuwawe Sri Siddhartha Sumangala, appeared to accept the court verdict against Ven. Gnanasara, but asked the prisons chief whether a separate section could be established for convicted monks.
Palletenna noted that a special ward for the clergy already existed at Welikada Prison.
At least 63 convicted Buddhist monks are currently incarcerated within Sri Lanka’s criminal justice system.
Meanwhile, a group of 34 Buddhist monks named in a Colombo Fort Magistrate’s Court order to vacate the vicinity of the Presidential Secretariat ended their protest and dispersed after lunch on Friday.The monks are demanding an unconditional pardon for Ven. Gnanasara, who has previously been imprisoned, making him a reconvicted prisoner.
News
Debate on NCM against Speaker postponed indefinitely
The debate on the no-confidence motion against Speaker Dr. Jagath Wickramaratne, submitted by the Samagi Jana Balawegaya (SJB), has been postponed indefinitely pending the Attorney General’s opinion on certain technical issues in the motion.
Government representatives raised the matter at a meeting of the Committee on Parliamentary Business, pointing out that several provisions of the motion required clarification and that the Attorney General’s advice should be obtained.
As obtaining the opinion would take time, the debate could not be scheduled for the next parliamentary week, parliamentary sources said.
Chief Opposition Whip Gayantha Karunatilaka said a date for the debate would be decided after the Attorney General’s advice was received.
Meanwhile, Parliament is scheduled to meet from October 20 to 23, Secretary General of Parliament Kushani Rohanadeera announced.
The parliamentary business for the week was finalised at a meeting of the Committee on Parliamentary Business held on Friday (16) under the chairmanship of Deputy Speaker Dr. Rizvie Salih.
On each sitting day, the period from 9.30 a.m. to 10 a.m. will be allocated for parliamentary business under Items 1 to 6 of Standing Order 22. Questions for Oral Answers will be taken up from 10 a.m. to 11 a.m., followed by questions under Standing Order 27(2) from 11 a.m. to 11.30 a.m.
On Tuesday, October 20, an Opposition-sponsored Adjournment Motion will be debated from 11.30 a.m. to 5.30 p.m.
On Wednesday, October 21, a resolution under the Public Debt Management Act and a Supplementary Estimate will be taken up for debate and approval from 11.30 a.m. to 5 p.m. The annual reports of five statutory institutions will subsequently be presented for approval without debate, while questions at the Adjournment Time will be taken up from 5 p.m. to 5.30 p.m.
On Thursday, October 22, the Second Reading debates on two Bills to amend the Poisons, Opium and Dangerous Drugs Ordinance (Bills Nos. 79 and 80) will be held from 11.30 a.m. to 5 p.m.
The annual reports of five statutory institutions will then be taken up for approval without debate, followed by an Opposition-sponsored Adjournment Motion from 5 p.m. to 5.30 p.m.
On Friday, October 23, the Second Reading debate on the Elimination of Rabies and Registration of Dogs Bill will be held from 11.30 a.m. to 5 p.m. A Government-sponsored Adjournment Motion will be debated during the final half-hour of the sitting.
News
Karannagoda pushed for £24,536 for Yoshitha’s UK training, Court told
Former Navy Commander Admiral Wasantha Karannagoda had, by letter dated May 19, 2014, requested the Secretary to the Ministry of Defence to approve the funds required for former Navy Lieutenant Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa, to attend the Royal Navy Young Officers Course at the Royal Navy Training College in the United Kingdom, the Colombo High Court was told on Thursday (15).
The court was informed that £24,536 in public funds had been spent on the training programme. The details emerged during testimony by a Navy representative appearing on behalf of former Navy Commander Admiral Travis Sinniah before Colombo High Court Judge Udesh Ranatunga, when the money laundering case against Rajapaksa was taken up for hearing.
Responding to questions during cross-examination, the witness explained that payments for Navy officers attending overseas training programmes were generally made in foreign currencies, including US dollars and British pounds.
Meanwhile, Navy Captain Nuwan Thushara Arangala, testifying for the prosecution, told court that Rajapaksa had received a total of Rs. 5,159,626.37 in salaries and allowances during his nine years of service in the Navy.
The court was informed that Rajapaksa had served as a Navy Lieutenant from December 14, 2006, to February 28, 2017, although his service had been suspended on February 28, 2016.
According to the testimony, his monthly gross salary was Rs. 16,390, in addition to allowances for food, uniforms, housing and special duties.
The witness clarified that these allowances did not include payments made for overseas training programmes or participation in sporting events while representing the Navy.
During the proceedings, the prosecution also submitted Rajapaksa’s annual declarations of assets and liabilities for the period from 2009 to 2015.
A National Savings Bank official also testified regarding savings accounts and fixed deposits maintained by Rajapaksa, stating that no withdrawals had been made from the accounts since they were opened.
Rajapaksa is facing charges under the Prevention of Money Laundering Act over his alleged failure to explain the source of nearly Rs. 735 million acquired between August 1, 2012, and August 29, 2013, in Rajagiriya and Bambalapitiya.
The prosecution alleges that funds suspected to have been derived from unlawful activities were deposited in bank accounts and fixed deposits.
The court also heard testimony concerning the appointment of a guardian for Daisy Forrest, the second defendant in the case, and matters relating to the clearance of an imported outside broadcasting (OB) truck associated with CSN television.
Further examination of witnesses was scheduled for October 30, with the court directing 11 prosecution witnesses to appear on that date.
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