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Opp. asks if AG, EC backing conspiracy to put off LG polls

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GL educates EC on election laws

SLPP rebel to vote against Budget

BY Shamindra Ferdinando

Accusing President Ranil Wickremesinghe and Prime Minister Dinesh Gunawardena of conspiring to put off scheduled Local Government polls indefinitely, Prof. G.L. Peiris has asked whether the Election Commission (EC) is backing the government’s efforts to postpone polls.

The former Foreign Minister has found fault with the EC for seeking the opinion of Attorney General Sanjay Rajaratnam, PC, as regards its legitimacy, consequent to the enactment of the 21st Amendment to the Constitution.

Addressing the media at the Nawala Office of Nidahasa Jathika Sabhawa, one of the rebel SLPP factions, Prof. Peiris yesterday (21) stressed that there was absolutely no requirement for the EC to consult the AG as the transitional provision in the new law clearly stated the existing outfit remained intact until the setting up of the new EC.

The academic asked whether an attempt was being made by the powers that be to take cover behind the AG’s opinion to postpone polls.

The former law professor, while appreciating the assurance received from the EC recently that the scheduled election would be held, said that nevertheless the combined Opposition was quite concerned about the EC’s decision to consult the AG.

The EC consists of Nimal G. Punchihewa (Chairman), S.B. Divaratne, M.M. Mohamad, K.P.P. Pathirana and P. S.M. Charles.

Prof. Peiris dealt with the issue at hand on Saturday (19) when he addressed Parliament on the fifth day of the 2023 budget debate. The former minister told the House that the EC had resorted to, what he called, wholly unnecessary and wrong course of action.

Speaking on behalf of the combined opposition pushing for Local Government polls, both in parliament and at yesterday’s media briefing, Prof. Peiris said that in case the Attorney General took up a stand contrary to that of the transitional provision in the new law, they would immediately seek legal remedy.

The SLPP National List MP reminded that the Supreme Court on numerous occasions has countermanded the position taken by the government chief legal officer. Reference was also made to certain rulings given by the Supreme Court over the years to prove that the government couldn’t take cover behind the AG’s opinion.

Prof. Peiris questioned whether President Wickremesinghe and Premier Gunawardena sought to put off Local Government polls on the pretext of taking urgent measures to reduce the number of Local Government members.

Pointing out that Wickremesinghe, in his capacity as the Yahapalana Premier, and Gunawardena as the then Chairperson of the Parliamentary Select Committee (PSC) that recommended electoral reforms, paved the way for the expansion of the Local Government members from over 4,000 to over 8,000, they were now spearheading efforts to prune the set up.

Referring to the recent appointment of a delimitation committee to demarcate wards of local authorities, Prof. Peiris stressed that the Premier, the Minister in charge of the subject didn’t enjoy the power required to appoint the committee. The Premier could have appointed a committee to review the set-up, Prof. Peiris said, questioning the appointment of the delimitation committee.

Prof. Peiris maintained that the government was working overtime to make a case for the postponement of election. The former minister pointed out that on Oct. 17, the Secretary to the Treasury Mahinda Siriwardana and Public Administration Secretary Priyantha Mayadunne informed the President’s Office that over 8,000 Local Government members were an unbearable burden. On the same day, the Chairman of Delimitation Committee, Mahinda Deshapriya, declared that his outfit could complete its work quickly while the Cabinet of Ministers approved the action taken in this regard.

If the government succeeded in this despicable project, it would definitely try to put off the general election, Prof. Peiris said, vowing to derail such plans.

Responding to media queries, Prof. Peiris explained the EC would have to set the process in motion in mid December if it was to ensure the conduct of election in the first week of March 2023 to pave the way for the setting up of Local Authorities by March 20.

At the onset of the briefing, Prof. Peiris, having accused the government of failing to address the burning economic issues, declared that the Nidahasa Jathika Sabhawa wouldn’t vote for the Budget at the end of the second reading today (Tuesday, 5 pm).

Prof. Peiris said that Budget 2023 hadn’t addressed the real issues and would, in fact, cause further deterioration of the already bankrupt economy.

The other SLPP rebel group (Utthara Lanka Sabhagaya), too, has declared that it wouldn’t vote for the Budget.



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Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds

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Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.

Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.

The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.

The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.

Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.

Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.

By Shamindra Ferdinando

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Former Minister Nalin raises defence of double jeopardy

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Nalin Fernando

The Court of Appeal  yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.

The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.

Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.

Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.

He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.

The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.

The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.

The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.

Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.

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UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage

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The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.

In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.

According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.

The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.

Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.

The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.

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