CoI recommendation regarding forensic audits yet to be finalized, available reports with AG, CIABOC
By Shamindra Ferdinando
Over three years after Supreme Court Judge K.T. Chitrasiri led Presidential Commission of Inquiry (PCoI) into Treasury bond scams handed over its report to then President Maithripala Sirisena, the Monetary Board is yet to complete recommendation in respect of forensic audits.
Of the recommended forensic audits, five had been completed at a cost of Rs 275 mn and the remaining one not commissioned yet.
The Island recently sought an explanation as regards the delay in completing the recommended process from Director Communications, CBSL.
The Island: What is the status of the procurement process pertaining to the sixth forensic audit ordered by the CoI?
CBSL: The procurement process to select an audit firm to carry out the sixth forensic audit is underway.
The Island: Can you explain how forensic audits so far obtained at a cost of Rs 275 mn utilized by the CBSL?
CBSL: Copies of the five forensic audit reports have been submitted to relevant authorities including the Attorney General and the Auditor General to initiate actions, as necessary. As per the request of the Director General of CIABOC, certain reports were submitted to CIABOC. Further, the Monetary Board appointed an internal Task Force to facilitate and oversee implementation of the recommendations in the Forensic Audit Reports which entailed, among others, strengthening of processes, internal controls, etc.
The CoI comprised Supreme Court Justice K. T. Chithrasiri, the late Justice Prasanna S. Jayawardena and retired Deputy Auditor-General K. Vellupillai, while attorney-at-law Sumathipala Udugamasooriya functioned as its secretary.
The Monetary Board commissioned forensic audits in consultation with the Attorney General and the Auditor General to deal with issues subsequent to the CoI probe on the issuance of Treasury bonds during the period 01st February 2015 to 31st March 2016 and matters that had come to light over the recent years in audit reports and in findings of internal investigations pursuant to the exercise of certain regulatory and agency functions undertaken by the CBSL. The CBSL in response to a previous The Island query said that the procurement of the five forensic audits were carried out by a Cabinet Appointed Consultant Procurement Committee and the contracts were awarded to audit firms with a global practice and international experience in forensic auditing with the approval of the Cabinet of Ministers.
Former Chairman of the Committee on Public Enterprises (COPE) D. E. W. Gunasekera yesterday (30) told The Island that parliament owed an explanation as regards the implementation of recommendations, both of CoI as well as the forensic audits. Pointing out that parliament conveniently failed to debate the CoI report on Treasury bond scams perpetrated in 2015 and 2016, the veteran politician said the issue at hand could be taken up in spite of the Attorney General moving Colombo High Court against some of the Treasury scam suspects. Former CBSL Governor Arjuna Mahendran remained at large, the former minister said, urging both the government and the Opposition to be responsible in their response to the country’s biggest ever financial fraud.
Responding to another query, one-time General Secretary of the CPSL reminded the CoI report on Treasury bond scams wasn’t taken up for debate in spite of it being on the agenda paper of the parliament.
The former minister said that the incumbent government couldn’t absolve itself of the responsibility for properly utilizing forensic audits obtained at a staggering cost of Rs 275 mn. The outspoken retired politician emphasized that the 2019 Easter Sunday carnage, the alleged fraud in controversial duty reduction of sugar and a spate of other controversies, including import of contaminated coconut oil shouldn’t be allowed to divert attention away from Treasury bond scams.
Samagi Jana Balavegaya (SJB) lawmaker Dr. Harsha de Silva said that his party expected the Attorney General to act on the basis of CoI recommendations and the forensic audit reports. The former Deputy Minister noted that action had been initiated at the Colombo High Court Trial at Bar in respect of the Treasury bond scams.
GL: Colombo Port City Bill received AG’s sanction
…SC scheduled to commence hearing petitions today
By Shamindra Ferdinando
SLPP Chairman Prof. G.L. Peiris says that the proposed Colombo Port City Economic Commission Bill is consistent with the Constitution. Prof. Peiris, who is also the Education Minister, insists the Bill received the sanction of the Attorney General.
Prof. Peiris explained to the media the circumstances under which the incumbent government had initiated the proposed Bill. He did so having briefed Ven. Dr. Ittapane Dhammalankara Thera as regards the current political developments, at the Sri Dharmaloka Maha Viharaya, Rukmale, Pannipitiya, on Saturday (17).
President Gotabaya Rajapaksa recently presented the Colombo Port City EC Bill to the Cabinet of ministers. The 76-page Bill provides for the establishment of an EC authorised to grant registrations, licences, authorisations, and other approvals to carry on businesses and other activities in the Special Economic Zone (SEZ) to be established within the Colombo Port City.
Responding to government member Dr. Wijeyadasa Rajapakse’s bombshell accusations that the proposed Bill when enacted in parliament would transform newly reclaimed land adjacent to the Galle Face Green to sovereign Chinese territory, Prof. Peiris emphasized the responsibility on the part of the President in respect of the implementation of the project. Declaring that even an amendment couldn’t be moved without specific approval of the President, Prof. Peiris said all reports pertaining to financial matters, too, should be submitted to the President.
The former law professor also challenged those opposed to the proposed Bill claiming that the police and the military would be excluded from performing duties in the reclaimed land. One-time External Affairs Minister insisted that the police and the military enjoyed the right to exercise powers in terms of the country’s law in case of violations.
The minister said that the government was keen to create an environment conducive for foreign direct investment. However, those who now decried the Colombo Port City EC Bill conveniently forgot the formation of the ‘Greater Colombo Economic Commission’ (GCEC) under a new draconian Bill introduced by the then President J.R. Jayewardene.
Prof. Peiris said unlike JRJ’s Bill, the one proposed by the incumbent government adhered to the Constitution hence the approval from the Attorney General.
Prof. Peiris alleged that the JRJ’s Act paved the way for GCEC to take decisions pertaining to newly formed Export processing Zones (EPZ) and basically conduct its affairs outside the purview of the parliament. Claiming that those who exercised the required powers could transfer funds to and from accounts and anyone violating the secrecy faced jail terms, Prof. Peiris stressed that even the judiciary couldn’t intervene in some matters pertaining to this particular Act introduced in 1978.
According to Prof. Peiris, in 1992, the then President Ranasinghe Premadasa further strengthened the law by depriving the public an opportunity to obtain a restraining order from a court in respect of the all-powerful Commission.
Prof. Peiris accused the UNP and its breakaway faction, the Samagi Jana Balavegaya (SJB) and other interested parties of propagating lies against the project as part of their overall political strategy. The minister acknowledged that the UNP was among those who moved the Supreme Court against the proposed Bill.
Since former Justice Minister Rajapakse strongly condemned the proposed Bill at a hastily arranged media briefing at Abayaramaya under the auspices of Ven Muruththettuwe Ananda thera, several Ministers and State Ministers, Keheliya Ranbukwelle, Mahindananda Aluthgamage, Prof. G. L. Peiris, Namal Rajapaksa, Ajith Nivard Cabraal responded to their colleague on behalf of the government.
A five-member bench of the Supreme Court will begin hearing the petitions today (19).
Among those who filed cases against the proposed Bill were President of the Bar Association Saliya Pieris, PC, former lawmaker Wasantha Samarasinghe on behalf of the JVP, civil society activists, Gamini Viyangoda and K.W. Janaranjana on behalf of Purawesi Balaya and the Center for Policy Alternatives (CPA).
Viyangoda questioned the government’s motive in depriving the public ample time and space to challenge the constitutionality of the Bill.
Purawesi Balaya spokesperson said that the disputed Bill had been placed on the Order Paper of Parliament on the 8th of April 2021, at a time when the sittings of the Supreme Court were suspended for the vacation. In terms of the Constitution any citizen seeking to challenge a Bill on the grounds that it is inconsistent with the Constitution has to do so within one week of being placed on the Order Paper of Parliament, which in this instance is the 15 th of April 2021. The petitioner said between the 8 th April 2021 and 15 th April 2021, there were the weekend and three public holidays intervening, thereby giving any citizen seeking to challenge the Bill, only two working days to obtain legal advice and representation.
Those who complained bitterly over urgent Bills exercised the same strategy as regards the controversial Bill, the civil society activist said. Responding to another query, Viyangoda said that if the government was confident the Bill didn’t violate the Constitution, it could have been properly discussed at their parliamentary group meeting before being presented to the cabinet of ministers.
Wijeyadasa, under heavy flak over opposition to China project, says ready to face consequences
by Shamindra Ferdinando
SLPP lawmaker Dr. Wijeyadasa Rajapakshe, PC, yesterday (18) told The Island that he stood by the accusations he made in respect of the proposed Colombo Port City Economic Commission Bill.
The former Justice Minister emphasised that he had expressed concerns publicly regarding the planned project after carefully examining the proposed Bill.
“In spite of a spate of statements issued by various government spokespersons, I’m confident of the legal process scheduled to begin today (19). The entire country should be concerned over the government move made at the behest of China.”
Responding to another query, the Colombo district MP urged political parties represented in Parliament to study the Bill with an open mind. The proposed law should be examined taking into consideration the previous UNP-led government transferring control of the strategic Hambantota port to China on a 99-year-lease and China is also in control of a terminal in the Colombo port for 35 years.
The MP said that he was ready to face the consequences of his decision to take a contrary view as regards the Chinese project. Those who had been benefited by the mega China funded project would shamelessly back it, lawmaker Dr. Rajapakse maintained, recollecting how members of parliament backed the 2002 Ceasefire Agreement brokered by Norway, shielded Treasury bond thieves et al.
Those who moved the Supreme Court against the proposed Bill included the Bar Association of Sri Lanka, MP Rajapakse said. The former Minister claimed that unprecedented tax exemptions provided to the businesses coming up in the newly reclaimed land adjacent to the Galle Face Green would pose a severe threat to the national economy.
The MP said that he didn’t personally have anything against China or any other country, but strongly believed in political and economic independence of the country. Therefore, the right-thinking lawmakers couldn’t under any circumstances vote for the proposed Bill as it was, the former Minister said.
Hiding in obscure corner of India, Myanmar’s ousted lawmakers plotting to dethrone military junta
BY S VENKAT NARAYAN
Our Special Correspondent
Roughly a dozen ousted Myanmar lawmakers, who fled to India after the February 1 military coup, are now busy plotting to dethrone the generals.
In a spartan hillside room in India furnished only with a thin sleeping mat, one of the Myanmar Members of Parliament (MPs) spends much of his days attentively listening to Zoom conference calls and tapping away messages on his smartphone.
The short, soft-spoken man is among the handful of ousted Myanmar MPs who have fled across the border to India’s remote north-eastern region after the military coup and the lethal crackdown on dissent.
Two of the lawmakers and a Myanmar politician spoke to a Reuters reporter. They are involved with the Committee Representing the Pyidaungsu Hluttaw or CRPH, a body of ousted lawmakers that is attempting to re-establish the civilian government and displace the military.
The three said the group is supporting demonstrations, helping distribute funds to supporters and holding negotiations with multiple entities to quickly form a civilian administration nationwide. They asked not to be named for fear of reprisals against their families back home.
Most of the ousted lawmakers are from deposed leader Aung San Suu Kyi’s National League for Democracy (NLD) that overwhelmingly won a November 2020 election, which the military has annulled.
The coup has been met with a fierce pro-democracy movement and tens of thousands of people have taken to the streets across the country, despite the crackdown.
Security forces have killed over 700 people, and more than 3,000 have been detained, including more than 150 lawmakers and members of the former government. Mobile and wireless internet services have been shut down.
The fear of detention and inability to rebuild a civilian government without internet connectivity has driven some Myanmar lawmakers involved in the resistance to work from India, the two MPs elected to Myanmar’s Parliament said.
“There is no time,” one of them, who is from the country’s western Chin state, told Reuters. “People are dying in our country.”
A spokesman for Myanmar’s military did not answer calls seeking comment. The junta has accused the CRPH of treason. The group is working to set up a national unity government to challenge the military’s authority.
Since fleeing to India around two weeks ago, the lawmaker said he had been holding regular discussions with colleagues to set up a parallel administration in Chin state, under directions from the CRPH.
The process is complex, involving building consensus between elected representatives, political parties, ethnic armed groups, civil society bodies and civil disobedience movement leaders, the two lawmakers and the politician said.
The CRPH is also keen on opening communications with India, where at least 1,800 people from Myanmar are already sheltering. It will seek New Delhi’s blessings for the parallel government it is attempting to form, the politician said.
“We can’t rely on China, Thailand and other neighbouring countries,” he said. “The only country where refugees are being welcomed is India”.
India’s External Affairs Ministry did not immediately respond to questions from Reuters.
This week, NLD lawmakers from Myanmar’s northern Sagaing region held an online conference call, but only 26 out of 49 representatives dialled in, according to the second MP who attended the meeting from India.
“We don’t know where the rest are,” the federal lawmaker said. Two party officials were now trying to track down their missing colleagues.
Some of the fiercest resistance to the junta has come from Sagaing. In the last two months, around 2,000 families involved in the civil disobedience movement in one part of the region have been given financial assistance of around 17 million Kyat ($12,143), the lawmaker from Sagaing said.
The presence and activities of escapee Myanmar lawmakers could pose a diplomatic quandary to India, particularly given New Delhi’s close ties with the Myanmar military rulers.
But India’s position on the Myanmar crisis itself appears to have somewhat shifted in recent weeks. This has also been acknowledged by some CRPH representatives.
At an United Nations Security Council (UNSC) meeting on April 10, Indian diplomat K. Nagaraj Naidu said New Delhi is pushing for a return to democracy in Myanmar. “The first, and most immediate step, in this regard is the release of detained leaders,” Naidu said.
However, India is concerned around internal divisions within the CRPH that could hobble its functioning, a source with knowledge of New Delhi’s thinking said.
The politician involved with the CRPH said he is hopeful that India will engage with the group.
“If democracy wins in Myanmar, it is also a win for India,” he said.
GL: Colombo Port City Bill received AG’s sanction
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