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Parliament urged to place its watchdog committees under Opposition members

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Lacille de Silva

‘Responsibility for restoring financial discipline lies with legislature’

By Shamindra Ferdinando

Former Director (Administration) Parliament Lacille de Silva said that the Committee of Public Enterprises (COPE) and Public Accounts Committee (PAC) could spearhead the National People’s Power government’s overall efforts to restore financial discipline.

The one-time Secretary to the Presidential Anti-corruption Commission said the two watchdog committees under the leadership of suitable Opposition lawmakers would be able to make a big difference if allowed to operate independently. However, their success would entirely depend on the readiness on the part of the NPP to make a difference, de Silva said, alleging that none of the previous governments had made an honest effort to utilize findings made by the two committees.

The civil society activist said so yesterday (17) responding to The Island queries.

The Wickremesinghe-Rajapaksa administration had caused further deterioration of financial discipline by placing the COPE under a ruling party MP, de Silva said.

Lacille de Silva served as Director, Administration from 2003 to the end of 2013 before receiving the appointment as Secretary to the Presidential anti-corruption committee. The former official was unceremoniously removed from that position for not following political dictates.

Responding to another query, the ex-House official emphasised that political parties represented in the new parliament scheduled to meet on Thursday (21) should be collectively held responsible for implementing the post-Aragalaya economic recovery plan.

Recalling the declaration of bankruptcy in April 2022, Lacille de Silva pointed out that there had never been an instance of a new parliament meeting in such a difficult situation with the country having to resume repayment of debt in 2028.

The COPE, the PAC and Committee of Public Finance (COPF) could work in unison for the betterment of the system, de Silva said, adding the country was paying a huge price for the collective failure of previous parliaments. Had they fulfilled their primary objectives, namely financial discipline and introducing laws, the country wouldn’t have ended up bankrupt, he said.

Thirteen parties in new parliament consists of 13 political parties and one independent group, namely NPP 159, SJB 40, ITAK 08, NDF 05, SLPP 03, SLMC 03, Sarvajana Balaya (NL), UNP (01), DTNA (01), ACTC (01), ACMC (01), Jaffna Ind. Group 17 (01) and SLLP (01).

Referring to a declaration made by the NPP soon after the presidential election that several high-profile cases would be investigated, de Silva said that the Parliament should take tangible measures to pursue findings and recommendations made by the COPE and the PAC. “We have to keep in mind that the Auditor General is directly involved in the process. Therefore, Parliament should agree on a mechanism to pave the way for the Attorney General and whenever necessary the CIABOC to initiate action,” de Silva said.

The political party system here had collapsed due to corruption at every level, he said, pointing out that the NPP had obviously capitalised on the developing situation. “Corruption coupled with waste, irregularities and mismanagement ruined the national economy,” he said. “We have a long way to go. All of us know, we are not out of the woods yet and the new administration will have to tread cautiously.”

De Silva noted that all political parties, including the NPP, which had only three members in the previous parliament, endorsed the much-debated Economic Transformation Bill. Whatever the promises made during presidential and parliamentary polls campaigns, both the government and Opposition couldn’t sidestep that Act, he said, adding any bid to deviate from the IMF path would be catastrophic.

Commenting on recent media reports, de Silva said that President Anura Kumara Dissanayake would retain the finance portfolio, in addition to Defence. According to him, parliament should take appropriate measures through COPE, COPA and COPF and the committee system in place in parliament. He said the real problem was that governments had never taken the watchdog committee system seriously.

The ex-House official said that judicial action against the online visa scam that had been perpetrated by the Wickremesinghe-Rajapaksa government proved the power of the COPF. Acting on the disclosure made by COPF, the Opposition had thwarted the online visa scam in spite of having the backing of the powers that be.

The Supreme Court on 26 Sept., remanded Immigration and Emigration Controller General Harsha Illukpitiya till January 22, 2025 pending resumption of the case regarding the online visa scam.Parliament would have to ensure speedy examination of past cases and meaningful measures to prevent fresh corruption cases, de Silva said.



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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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