News
Sobitha Thera moves Supreme Court against coal deal
Ven. Omalpe Sobitha Thera, former MP of the Jathika Hela Urumaya (JHU), has filed a fundamental rights case in the Supreme Court, challenging the controversial coal deal and the process of awarding it.
Lanka Coal Company awarded the tender for the supply of 4.5 million metric tons of high calorific coal to Black Sand Commodities of Dubai.
Back Sand Commodities was the only responsive bidder. Subsequently, Lanka Coal Company ( LCC) Chairman, Jagath Perera, admitted that LCC had, with the approval of the Special Standing Cabinet Appointed Procurement Committee (SSCAPC), changed the qualification criteria so that third parties could bid with registered bidders. This changed was made just six days prior to the closing date of the tender and Black Sand Commodities entered the tender process, through that change, representing an already registered supplier, Suek AG.
In his petition to the Supreme Court, the petitioner has made the entire Cabinet of Ministers, the SCAPC members, and the TEC members, respondents. Lanka Coal Company and some of its officers, and Black Sand Commodities, have also been made respondents in the petition.
The entire process of amending the tender clauses has been tailor-made to accommodate Black Sand Commodities, which was not a party identified as a registered supplier, the petitioner has claimed. Although this tender is an international tender, which was the largest ever tender in Sri Lankan history, no proper publication has been made to the said amendment, thereby denying the interested parties to join hand with other registered suppliers and bid more competitive terms and prices, and as a result of that, the country is paying at least 500 million USD more than the market price, the petitioner claimed. “Process that has been followed has denied the people of Sri Lanka to secure and purchase coal on more favourable terms,” it further said .
As per the amendment , only a registered supplier can submit bids, together with a third party, and the amendment does not permit third party to submit bids, independently, the petitioner has said. Accordingly, Black Sand Commodities, which is not a registered supplier, in any event cannot supply a bid by itself. As such, the TEC and SSCAPC should have declared this bid invalid, the petitioner has said.
In his petition, Omalpe Thera has questioned the price at which the tender has beenawarded when the market price was much lower than the one quoted. As per his claim, entering into a long term contract for a commodity of which the price is highly fluctuating, is not rational and reasonable.
The petitioner states that there has been debilitating post-independence corruption and waste accumulating and gathering momentum, and he and like-minded citizens are of the view that, as a nation, there must be an entrenched, zero tolerance towards corruption, bribery, waste and misuse of public funds. Corruption is one of the greatest challenges facing contemporary Sri Lanka and indeed, other emerging nations.
Not only must proposals and/or bids, that are submitted in a tender, be subjected to intense scrutiny and meticulous evaluation, by experts in that particular field, without any form of influence or corruption, but there should be installed a multi- structured approval process, so that there are proper checks and balances.
In another development, as reported by The Island, previously, the claim that Black Sand is giving six months interest free credit seems to be a misrepresentation of actual facts. As per the tender, supply is made on a 150 days irrevocable LC, to be opened at People’s Bank, by LCC, or otherwise, funds needs to be deposited in an escrow account, prior to shipment. “Whether People’s Bank has a facility in LCC’s name for a 350 million USD (for six months shipment) is a big question, for which only People’s Bank knows the answer,” industry analyst said.
As per the award letter, issued by LCC, on 25 August, Black Sand is required to submit the performance bond within 14 days, that is before 8 September, but this has yet not been done .
News
Ex-SriLankan CEO’s death: Controversy surrounds execution of bail bond
Prof. Prathibha Mahanamahewa has emphasised the need to examine the circumstances under which the court staff executed the bail bond, and the release process, in respect of the late Kapila Chandrasena, former Chief Executive Officer of SriLankan Airlines.
Chandrasena’s body was found in a house at Pedris Road, Colombo 03.
In case of any doubt regarding bail condition/s or any other matter (insufficient surety, identity issues, suspicious documents and unclear order), the Registrar had to get in touch with the relevant Magistrate, Mahanamahewa said.
Mahanamahewa was responding to The Island query regarding the acceptance of two Muslims as sureties. Had they followed the time-tested procedure, court registry/registrar staff would never have accepted sureties as blood relatives of Chandrasena, Mahanamahewa said, alleging a major defect in the execution of the bail bond.
They were arrested by police and remanded by the Colombo Magistrate’s court, till 13 May, pending further investigations.
Colombo Chief Magistrate Asanga S. Bodharagama, on 5 May, granted to Chandrasena cash bail of Rs. 500,000 and three surety bails of Rs. 10 million each. But soon after Chandrasena received bail, the court was told that two of the Rs. 10 million sureties had been produced, after payment of Rs. 15,000 each, were made to those two individuals to act as guarantors.
The bail application had been submitted by Rienzie Arsecularatne, PC, appearing on behalf of Kapila Chandrasena, when the case was earlier taken up, on 28 April.
Police also arrested an elderly person who arranged for the two persons who hadn’t even seen Chandrasena, even once, to offer themselves as sureties.
As soon as the police revealed the fraudulent manner Chandrasena obtained bail, Chief Magistrate Bodharagama issued an order to arrest and produce him before the court. This order was issued consequent to a request made by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), on the grounds that the defendant had violated bail conditions. The CIABOC wanted Chandrasena held pending the conclusion of the case.
Sources familiar with the execution of bail bond said that the moment the suspects had submitted their National Identity Cards and letters from Grama Sevakas, the court registry/registrar staff should have rejected them. In a such high-profile case, the failure on the part of the lawyers, representing Chandrasena, to check the gsureties’ relationship with Chandrasena, was another glaring shortcoming, sources said, pointing out that after having submitted bail application on 28 April, the defence team should have come prepared to put forward genuine guarantors.
The Island contacted the Bar Association of Sri Lanka for comment on the manner in which the court staff had handled bail for Chandrasena, but there was no response.
Sri Lanka’s former Ambassador to Moscow, accredited to Kiev, Udayanga Weeratunga, said that a thorough investigation should be conducted to ascertain facts about the execution of the bail bond. Asked whether he had been in touch with Chandrasena, Weeratunga said that he spent his first day at Welikada with Chandrasena and Ranjan Ramanayake in one cell. “That happened on 14 February, 2020. I was arrested when I returned to the country, from the UAE, and produced before the then Magistrate Ranga Dissanayake, the incumbent Director General of CIABOC,” Weeratunga said.
Weeratunga said that a couple of months after the change of government in 2024, the US State Department imposed a travel ban on him and Chandrasena and their families over what the US termed as significant corruption.
Weeratunga said that altogether the US designated 14 persons and, of them, two were Sri Lankan, who happened to be him and Chandrasena, accused of corruption in respect of acquisition of MiG 27s from Ukraine and the Airbus deal, during President Mahinda Rajapaksa’s tenure as the President.
SLPP sources said that Chandrasena’s demise shouldn’t prevent proper investigation on his affidavit that claimed pressure brought on him to name Mahinda Rajapaksa as a recipient of the Airbus bribe.
By Shamindra Ferdinando
News
Law applies to all, regardless of power or influence – Prez
President Anura Kumara Dissanayake emphasised yesterday (12) that the law would be enforced equally and no one was allowed to be above the law.
Addressing the Matale District Coordinating Committee meeting, at the Matale District Secretariat, President Dissanayake said, “Do not be afraid to work, but be afraid to engage in irregularities. Everyone must first be subject to the law and secondly, must fear the law. This applies to everyone, from the President down to the Grama Niladhari.”
“If we are to usher in a new era, we must submit to the rule of law. No one can be above it, he said, adding that previous Presidents had even violated the Constitution with impunity.
The President said that if there were any instances of selective law enforcement, they should be brought to his attention for action. Everyone was required to cooperate, if called upon to make statements in an investigation, he said.
By S.K. Samaranayake
News
Sri Lanka and Belarus to sign several MoUs
Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, is on an official visit to Belarus, from yesterday to Friday (15), on the invitation of the Foreign Minister of the Republic of Belarus, Maxim Ryzhenkov.
The text of the Foreign Ministry release: “This visit will mark a milestone in the bilateral partnership as the two countries commemorated the 25th Anniversary of the establishment of Diplomatic Relations last year.
During his visit to Minsk, Minister Herath will call on Belarus President Alexander Lukashenko and will hold bilateral discussions with the Minister of Foreign Affairs of Belarus. Minister Herath is also scheduled to meet the Belarus Ministers of Education and Health. Several MoUs and agreements across sectors are envisaged to be signed with the Republic of Belarus during the visit.
In Minsk, Minister Herath will address a business and tourism roundtable, organised by the National Export Centre of Belarus. He is also scheduled to meet Sri Lankan students studying in Belarus.”
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