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Pandora Papers disclosure: Int’l cooperation essential to hold wrongdoers accountable – TISL

Three RTI applications filed calling for information about asset declarations submitted by Nirupama Rajapaksa
Transparency International Sri Lanka (TISL) says international cooperation through diplomatic channels is essential to hold offshore enablers and asset destinations accountable.
TISL has said that in addition to a complaint filed with the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), three RTI (Right to Information) applications have been filed seeking asset declarations submitted by Nirupama Rajapaksa. TISL has also written to the FIU (Financial Investigation Unit) calling for immediate investigation into potential money laundering claims.
TISL has said in a media statement: “The Pandora Papers exposé provides clear evidence of how the offshore industry promotes corruption and demonstrates the importance of ensuring the transparency of beneficial ownership of entities. Particularly in Sri Lanka, the Pandora Papers refer to extensive assets held offshore by former Deputy Minister of Water Supply and Drainage, Nirupama Rajapaksa and her husband, Thirukumar Nadesan. TISL in its initial statement following the revelations, called on the Sri Lankan authorities to ensure that independent investigations are carried out expeditiously into the revelations made by tPandora Papers. Since then, the President has called on the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) to investigate the claims made by Pandora Papers.
TISL has taken several steps since the initial statement, pertaining to the revelations made by Pandora Papers.
One 07 October 2021, TISL filed a complaint with CIABOC, calling for an investigation into the alleged unexplained assets of the former Deputy Minister and her husband who has been identified as Politically Exposed Persons (PEP). TISL noted that the transactions revealed through this exposé could amount to offences under Section 23A of the Bribery Act, Section 4(1) of the CIABOC Act, and relevant provisions of the Declaration of Assets and Liabilities Law, and requested the Commission to probe into the Declarations of Assets and Liabilities of Nirupama Rajapaksa relating to her tenure as a Member of Parliament. TISL requested CIABOC to investigate whether public funds have been embezzled and laundered to these foreign safe havens.
TISL also wrote to the Financial Intelligence Unit (FIU) of the Central Bank of Sri Lanka on 13th October, calling on them to coordinate with relevant law enforcement authorities at both local and international level to investigate potential money laundering allegedly committed by the former Member of Parliament and her spouse. The FIU, as the central independent body established in terms of the provisions of the Financial Transactions Reporting Act No. 06 of 2006 (FTRA), is empowered to facilitate the prevention, detection, investigation and prosecution of offences related to money laundering and terrorist financing.
Through the letter TISL requested the FIU to take further steps to furnish the authorities with evidence, examining the financial transactions that have flowed in and out of Sri Lanka by coordinating with local and foreign financial institutions connected to these two individuals.
TISL has also filed three Right to Information Requests to the Elections Commission, Parliament of Sri Lanka and the Presidential Secretariat, calling for the Declarations of Assets and Liabilities of Nirupama Rajapaksa as an election candidate, Member of Parliament and Deputy Minister respectively
The Declaration of Assets and Liabilities Law No 1 of 1975 makes it mandatory for Parliamentarians and senior public officials to annually submit a declaration of assets and liabilities, which includes the assets and liabilities of their spouse and dependent children. If the former Parliamentarian has not disclosed the overseas assets revealed through Pandora Papers, she will be in breach of the Declaration of Assets and Liabilities Law. Therefore, her asset declarations would be a key tool to identify whether the overseas assets of the deputy minister, her spouse and children revealed through Pandora Papers have been disclosed at the time.”
TISL Executive Director, Nadishani Perera, commenting on the matter stated “We urge the relevant authorities in the country to take immediate action to independently investigate the revelations made by Pandora Papers. It is important that the due process is followed without any interference, obstructions or delays. For the PEPs implicated, there remains a path to clearing their name, if they were to heed the call of the public by making the relevant asset declarations public. A thorough and impartial investigation will also bolster faith in the law enforcement agencies of the country and prove to be an important deterrent against perpetrators of white-collar crimes.”
The TISL Executive Director also noted that “while it is important to take stringent action to prevent foreign currency unlawfully flowing out of the country into secrecy jurisdictions, it is also imperative that countries like Sri Lanka take this issue up on a diplomatic level in order to ensure financial institutions in countries such as Singapore are also held accountable and that steps are taken to recover any proceeds of crime back to our country from these asset destinations.”
News
NPP bags CMC in secret vote; SJB, allies disappointed with bureaucratic action

National People’s Power (NPP) councillor Vraie Cally Balthazaar yesterday (16) won a controversial secret vote to secure the mayoral seat at the Colombo Municipal Council (CMC). She received 61 votes while Riza Zarook, fielded by the SJB-led Opposition, obtained 54 votes.
Two votes were rejected. The CMC consists of 117 members and the winner needs to secure at least 59 votes. At the 6 May Local Government elections, the NPP won 48 seats in the CMC while the SJB had to settle for 29.
At the onset of yesterday’s proceedings, both the SJB and UNP demanded that an open vote should take place while the NPP asked for a secret vote. However, after noisy haggling over the issue for 30 to 40 minutes suddenly some Opposition members, and the NPP, declared they had reached consensus for a secret vote though some were heard insisting on an open vote.
The secret vote was conducted by Commissioner of the Department of Local Government of the Western Province, Sarangika Jayasundara. In terms of the Local Government law, the type of voting-‘open vote’ or secret vote, should be decided by a secret vote.
In the run-up to yesterday’s secret vote, both parties repeatedly declared they had the necessary numbers to secure mayoralty.
In a desperate move, the SJB reached an alliance with the UNP (13 seats), SLPP (5 seats) and People’s Alliance (1 seat) to garner support among the Opposition but couldn’t reach the target.
That bid had the support of former Presidents Mahinda Rajapaksa and Ranil Wickremesingh.
In spite of the SJB declaring that the Opposition at the CMC consisted of 69 councillors, the NPP reached consensus with many parties, and independent groups, thereby increasing its tally from 48 to 61 – two votes more than the required number.
The following political parties and independent groups won seats at the CMC: NPP (48), SJB (29), UNP (13), SLPP (5), SLMC (4), Independent Group 3 (3), United Peace Alliance (2), Sarvajana Balaya (2) Independent Group 4 (2) and Independent Group 5 (2). National People’s Party, National Freedom Front People’s Alliance, Democratic National Alliance, Independent Group 1 and Independent Group 2 won one seat each.
Having won the secret vote Balthazaar shook hands with Riza Zarook before declaring that all elected members bore responsibility to serve the people. The new Mayor emphasised the responsibility on the part of all 117 to work collectively for the betterment of the people.
The March 12 Movement has claimed that political parties/individuals are being bribed by those seeking to form administration in hung councils. The civil society grouping has said that while conclusive evidence remains limited, widespread public opinion suggests that financial incentives and other benefits may have influenced the support extended to various parties. Such perceptions, whether confirmed or not, do not bode well for the future of local governance, the group has said.
By Shamindra Ferdinando
News
Quality of private university degrees under scrutiny: PM

Prime Minister Dr. Harini Amarasuriya, on Saturday, said that a fresh review would be conducted of the quality of degrees awarded by private universities in Sri Lanka.
She said that concerns had arisen over the academic standards of some private universities, whose graduates recruited into the Sri Lanka teaching service. The issue had now been identified, and the Ministry of Education had already initiated a review process in response, the PM said.
The Prime Minister said so during a discussion held on Saturday (14) at the Ministry of Education with representatives of teacher and principal unions.
She said the recruitment of graduates had been approved by the previous government and it had been implemented in accordance with the provisions of the Teachers’ Service Minute.
Dr. Amarasuritya said that although those appointments were legally valid, the Ministry had begun reviewing the quality of education degrees offered by UGC-approved private universities and affiliated higher education institutions.
By Chaminda Silva
News
Ex-parte injunction against AAC vacated

Colombo District Judge Sandun Vithana recently issued an order vacating the ex-parte injunction previously granted against Automobile Association of Ceylon (AAC). The order was issued subsequent to the submissions made by the Counsel representing the Association, Executive Committee Members and Secretary.
This was in respect of Keerthi Gunawardena, former Vice President of the Association moving court against the AAC. Gunawardena obtained an ex-parte injunction that temporarily suspended the Association’s decision to terminate his Membership.
The Association’s Counsel told the court that Gunawardena had conducted himself in a manner undesirable and unbecoming of a Member at the 119th A.G.M. of the Association.
It was also noted that there were 37 formal complaints from Members regarding the incident in question. It was also emphasized that the termination of the Membership of Keerthi Gunawardena was made in strict accordance with the Consolidated Revised Rules in force at the Association. The Defence also argued that Gunawardena had provided misleading information to the Courts when seeking ex-parte injunction.
After carefully considering the submission from all parties the D.C. determined that the plaintiff had both suppressed and misrepresented material facts when he initially approached the Courts for relief.
It concluded that the ex-parte injunction should be vacated, thereby allowing the Association’s original membership termination decision to stand.
For the A.A.C. Kuvera De Zoysa P.C. led the team supported by Attorneys-at-Law Samuditha Kumarasinghe and Sanjana De Zoysa instructed by Attorney-at-Law Sanjay Fonseka.
For Association President Dhammika Attygalle, Ikram Mohamed P.C. appeared with Attorney-at-Law Charitha Wickrema. For the Executive Committee Members Chandaka Jayasundera, P.C. with Attorney-at-Law Imaz Imthiyaz, for the Association Secretary, Devapriya Hettiarachchi, Sanjay Rajaratnam P.C. appeared with Attorney at Law E.S.Jayasinghe.
The Plaintiff Gunawardena was represented by Attorneyat-Law Asthika Devendra instructed by W.M.D.M.B. Wasala.
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