News
SLPP constituent proposes recognition of dissidents, stricter controls on lawmakers et al
By Shamindra Ferdinando
The civil society group Yuthukama, represented in parliament, having been elected on the SLPP ticket, has proposed that dissident lawmakers be constitutionally empowered to function independently.
The Speaker’s recognition should recognise them if 25 per cent of members elected from a particular party or over 5 per cent of the 225-member parliament take a common stand contrary to that of the position taken by a political party.
This is one of the constitutional proposals, Yuthukama recently handed over to the 9-member Expert Committee tasked with formulating a new Constitution subject to parliamentary approval. Eminent President’s Counsel Romesh de Silva heads the committee formed by Justice Minister Ali Sabry, PC.
Yuthukama Chairman and SLPP National List MP Gevindu Cumaratunga told The Island that they initially handed over their proposals to the Maha Sangha and President Gotabaya Rajapaksa in February last year. “We subsequently, developed the proposals, in consultations with those interested in the formulation of a new constitution and handed them over recently,” lawmaker Cumaratunga said.
In addition to the prominent civil society activist Cumaratunga, Anupa Pasquel (Kalutara district) represents Yuthukama in parliament. Responding to another query, MP Cumaratunga said that they would like an opportunity to make further representations before the Expert Committee.
Yuthukama made a spate of proposals meant to improve what Cumaratunga called genuine public representation in parliament. Main among them were (1) 70 elected on first past the post system, 20 per cent elected from among the best losers in proportional representation and 10 per cent through the National List on the basis of countrywide votes (2) Elected members will lose parliamentary seats in case the party removed them or they themselves quit. In such a scenario, Yuthukama has proposed holding of a by-election whereas those accommodated on the National List or categorized as best losers enjoy an opportunity to move the court on the basis they adhered to party manifestos (3) a member should at least serve two terms to earn the pension right (4) The candidate securing the largest block of electoral seats should be elected the President instead of the highest number of votes (5) Local Government system should be revamped with 75 per cent of members elected directly and the rest picked from the best losers in terms of the proportional representation and (6) Transformation of Provincial Councils to efficient mechanisms with the participation of members of parliament.
Of political parties and civil society groups represented in the SLPP only the National Freedom Party and Yuthukama submitted constitutional proposals before the expiry of the deadline on Dec 31, 2020.
The two major parties in the parliament the SLPP (145 seats) and the SJB (54 seats) and the JVP (3) refrained from handing over their proposals. Chief Opposition Whip Lakshman Kiriella told The Island that the SJB was of the view that the Expert Committee should examine the constitutional proposals on which consensus was reached during the previous administration.
The Expert Committee is expected to finalize the process before the Sinhala and Tamil New Year.
Referring to President Gotabaya Rajapaksa’s speech delivered at the last Independence Day, lawmaker Cumaratunga pointed out the need to ensure equality among the Office of the President, the Legislature and the Judiciary. Recollecting the crises caused due to inequality during previous presidencies, Cumaratunga proposed the (1) restriction of the number of cabinet ministers to 30, including the PM who should earn the support of the majority of members and the appointment of ministers on the agreement/recommendation of the PM (2) the number of Deputy Ministers 50 also on the agreement/recommendation of the PM (3) The President should be empowered to remove any minister or deputy minister on the completion of one year since the last election (4) constitutional provision to prevent the appointment of State Ministers, a move Yuthukama alleged is meant to allow them to enjoy ministerial perks at the taxpayers’ expense.
Yuthukama also proposed a wider Constitutional Council instead of the five-member Parliamentary Council established in terms of the 20th Amendment to the Constitution. In a move that may raise eyebrows of government members, Yuthukama endorsed the appointment of five members of the previous Constitutional Council in agreement between the Prime Minister and the Opposition Leader.
However, Yuthukama found fault with the way the previous administration accommodated the TNA leader as the Opposition Leader at the expense of the Joint Opposition thereby undermining the very basis of the Constitutional Council. Taking into consideration how the yahapalana administration manipulated the parliamentary process, Yuthukama proposed (1) Opposition Leader should be elected on the basis of majority support among Opposition members. Those who represented political parties that received cabinet or Deputy portfolios shouldn’t be considered Opposition members under any circumstances (2) Speaker, Prime Minister and Opposition Leader should be ex-officio members of the Constitutional Council (3) Civil society should be represented by four persons.
Yuthukama also reiterated its commitment for unitary status of the country.
In another proposal contrary to the 20th Amendment, Yuthukama proposed that the appointment of judges to higher courts, Attorney General, IGP and members of Independent Commissions by the President should be subjected to the approval of the Constitutional Council.
News
Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds
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
News
Former Minister Nalin raises defence of double jeopardy
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.
News
UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage
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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