News
UK passport holder hiding here wants to have deportation order rescinded to leave without blemish
‘Those who benefited from her actions forgot her’
By Shamindra Ferdinando
British citizen Kayleigh Fraser, who has been in hiding here since late 2022 following a deportation order issued by the then government over her reportage of the UPFA goons attack on Galle Face protesters, on social media platforms, wants the government to rescind that order, enabling her to leave the county.
Fraser’s counsel Nagananda Kodituwakku quoted her as having said that she doesn’t want to be deported under any circumstances. The government wanted her to surrender to pave the way for swift deportation, Kodituwakku said, alleging that the major beneficiary of the regime change operation, the National People’s Power (NPP), had failed to intervene on her behalf.
Responding to The Island queries, Kodituwakku said that they had appealed to President Anura Kumara Dissanayake, on 03 October, 2024, but in vain. Dr. Ghanasena Wijesekara, a physician based in Melbourne, Australia, staged a protest outside the Presidential Secretariat on 11 November, 2024. He said: “We received an assurance that the deportation order would be rescinded following the parliamentary elections and a new request was made on the same day. But, the NPP government didn’t keep its promise,” Kodituwakku said.
The lawyer said that Premier Dr. Harini Amarasuriya should have looked into the plight of Fraser as she was aware of her role in support of the campaign against the Rajapaksa government and subsequently the Ranil-Rajapaksa government. “We expect Premier Amarasuriya to intervene at least now,” Koditiwakku said.
Koditiwakku said the British High Commission had declined to help. According to him, the BHC position was made clear at a special meeting called to discuss formal representations made on Fraser’s behalf.
Kodituwakku explained that the government intensified action against Fraser in the wake of Wickremesinghe appointment as the President in late July, 2022. Like the JVP/NPP, another beneficiary of the protest campaign refrained from helping the only foreigner who campaigned for their cause, Kodituwakku said.
Immigration officials, accompanied by police, raided Fraser’s property in Battaramulla on 02 August, 2022, took her passport and ordered her to report to Immigration Headquarters, within a week. On a request made by her friends in the UK, Kodituwakku took up her case pro bono, and accompanied her to the Controller of Immigration on 08 August, 2022. Having denied her legal counsel an opportunity to be present during the questioning, Immigration Headquarters, on 10 August, 2022, returned her passport with a removal order mandating her departure by August 15. Her legitimate leave to remain in the country, originally valid until March 8, 2023, was arbitrarily cancelled with the word “UTILIZED” stamped across her visa page.
Kodituwakku claimed that due to the highly politicised nature of the case, prominent President’s Counsel Geoff Alagaratnam declined to represent her, leaving him to defend Fraser.
Kodituwakku said that they challenged the immigration decision before the Court of Appeal. When the application came before the court on 22 September, 2022, Justice Priyantha Jayawardena declined to grant a hearing on the technical ground that certified copies of the Court of Appeal proceedings had not been filed.
Although, they filed a fresh application (SC/Spl/LA/246/22) on September 13, 2022, the then Chief Justice Jayantha Jayasuriya fixed the matter for support on December 08, 2022, before Justice Priyantha Jayawardena, though Fraser requested that she didn’t want the same judges, who had refused her earlier appeal, to hear the new case.
Kodituwakku said that Fraser had gone underground after Justice Jayawardena, on 08 December, 2022, postponed the case for seven months, to 07 June, 2023,
BHC provides consular assistance
The Island sought a response from the British High Commission to allegations that the BHC failed to help Fraser. BHC spokesperson said that they had been providing consular assistance to her.
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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