News
X-Press Pearl fire: SC moved against local agent Sea Consortium Lanka and 12 others
Focus: Info on leaking nitric acid container withheld for over 10 days
By Shamindra Ferdinando
A high-profile investigation into the circumstances that led to MV X-Press Pearl carrying a leaking container loaded with nitric acid being allowed to reach Colombo has taken a new turn with the revelation its local agent Sea Consortium Lanka of Setmil Group suppressed information about the acid leak.
This was revealed before Colombo Additional Magistrate Shalani Perera on Monday (7) in the wake of submissions made by Deputy Solicitor General Madawa Tennakoon.
The Centre for Environmental Justice (CEJ), last week, moved the Supreme Court against the Sea Consortium Lanka as well as operators of the vessel, X-Press Feeders. Authorities are in a quandary over the unexpected revelation that may compel the government to take action against the local agent pending investigations.
DSG Tennakoon named the Presidential Award winner Sea Consortium Lanka as the vessel’s local agent. Following the questioning of the vessel’s Russian Captain Tyutkalo Vitaly, the inves tigators have established that specific information furnished by the vessel to the local agent pertaining to the leaking container had been withheld. Subsequently, the relevant e-mails had been deleted, the court has been told.
The Criminal Investigation Department (CID) also recorded the statements of the ship’s Chief Engineer Sadilenko Oleg, a Russian and Chief Officer Peter Anish, an Indian. Their passports have been impounded. They were among 25 member crew evacuated by Sri Lanka Shipping Company owned tug ‘Hercules’ on May 25 following an explosion aboard the vessel, while a fire had engulfed some containers stacked on its deck.
The Singapore-registered MV X-Press Pearl sank on June 2, 9.5 nautical miles North West of Colombo port, the day after President Gotabaya Rajapaksa directed that it be towed to deeper seas. Shipping sources told The Island that the vessel went down where it had been since May 19 after entering Sri Lankan waters.
Additional Magistrate Perera has directed the Sea Consortium to furnish the originals of the e-mails from mail servers located abroad.
Investigations have revealed that the agent knew of the imminent impending danger though chose not to share the information.
Sources said that the vessel’s owners X-Press Feeders, the largest feeder operator in the world, couldn’t have been unaware of the crisis even though they didn’t intervene.
Sri Lanka Ports Authority Chairman (SLPA) retired Gen. Daya Ratnayake told The Island that they hadn’t been aware that X-Press Pearl had been leaking nitric acid since May 11, nine days before the fire started in Sri Lankan waters.
International news agencies reported that ports in Qatar and India had declined to offload the leaking acid container onboard in Jebel Ali, Dubai.
Harbour Master Nirmal de Silva didn’t answer his hand phone therefore The Island couldn’t seek his explanation regarding the latest developments.
Navy spokesman Captain Indika De Silva told The Island that the Navy on June 5 facilitated the recovery of the Voyage Data Recorder (VDR), also known as maritime ‘black box’ personnel of the Director General, Merchant Shipping. Navy and shipping sources said that it would help investigators review procedures and instructions in the run-up to the disaster.
Director General of Merchant Shipping Ajith Seneviratne yesterday (9) told The Island that the VDR had been handed over to the CID for further investigations. Asked whether his outfit authorised the entry of X-Press Pearl to Sri Lankan waters, Seneviratne explained their responsibility in terms of the relevant parliament Act was to issue licenses to shipping agents, annually. DG Seneviratne said that his office didn’t handle day today doings in respect of ship movements in and out of Sri Lankan harbours.
In terms of the Shipping Agents’ Act, Sea Consortium Lanka had received its license from DG, Shipping.
In the wake of Justice Minister Ali Sabry, PC, chairing a meeting attended by relevant officials, including Attorney General Sanjaya Rajaratnam at the former’s ministry, to discuss the issue at hand, The Island requested for an update. Minister Sabry explained that everything couldn’t be discussed publicly. However, the current focus is on taking tangible measures to make a proper claim for damages.
Minister Sabry said: “Our endeavor is to focus attention on specific areas to prepare for legal action on claims. In this regard, five sub committees were appointed to look at five specific areas relating to possible claims and asked to collate evidence, preserve those, assess damages past present and future with expert support and present it to the Attorney General for his response.
Legal team will do the research and support the Attorney General together with his work.
Identifying and appointing an international team is also being discussed where we have no expertise at the level expected to compete with a club of ship owners who process the claims for and on behalf of its members.”
Centre for Environmental Justice (CEJ) and three others, including its Executive Director Withanage Don Hemantha Ranjith Sisira Kumara, in a fundamental rights application filed in terms of Articles 17 and 126 of the Constitution, in respect of the X-Press Pearl affair, has named X-Press Feeders and its local agent Sea Consortium Lanka as 11th and 12th respondents. They were among 13 respondents, including the Attorney General.
The CEJ Executive Director, in response to The Island queries acknowledged that at the time the SC had been moved against what the petition called the worst marine ecological disaster caused by the sinking of X-Press Pearl, they weren’t aware of the local agent deleting e-mails received from the Captain of the ship.
According to the petition, in addition to 325 metric tonnes of bunker oil, the vessel carried altogether 1,486 containers- 25 tonnes of hazardous nitric acid, caustic soda, sodium methylate, plastic, lead ingots, lubricant oil, quick lime and highly reactive and inflammable chemicals such as Sodium Methoxide, High Density Polyethylene (HDPE), Low Density Polyethylene (LDPE) “Lotrene”, Vinyl Acetate, Methanol, bright yellow sulphur, urea, cosmetics etc.
Petitioners stated that the Captain and the crew members of the MV X-Press Pearl knew of the nitric acid leak from about 11th May 2021, nine days before the blaze started and had deliberately failed to inform the Sri Lankan authorities of such risk.
News
Theft of USD 2.5 mn from Treasury: CoPF accused of complicity in NPP cover-up
Harsha rejects what he called frivolous accusations
Chairman of Committee on Public Finance (CoPF) Dr. Harsha de Silva dismissed Free Lawyers’ claim that his Committee had helped delay a proper investigation into the theft of USD 2.5 mn (nearly Rs 1 bn) from the Treasury.
The Colombo District SJB MP said that he wouldn’t comment on frivolous accusations against his Committee. “We conduct ourselves in keeping with the highest standards of professionalism and responsibility.”
Dr. de Silva said so when The Island raised the Free Lawyers’ allegation that the Treasury and the Central Bank were using the CoPF as a tool to prolong investigations into the unprecedented theft of funds. Free Lawyers targeted the CoPF in a statement issued by Maithri Gunaratne, PC, and civil society activist Rajith Keerthi Tennakoon.
The other members of the CoPF are Harshana Rajakaruna (SJB), Ravi Karunanayake (NDF), Nimal Palihena (NPP), Wijesiri Basnayake (NPP), Thilina Samarakoon (NPP), Lakmali Hemachandra (NPP), Chathuranga Abeysinghe (NPP), Kaushalya Ariyaratne (NPP), Akram Ilyas (NPP), Shanakiyan Rajaputhiran Rasamanikkyam (ITAK), Champika Hettiarachchi (NPP), Sunil Rajapaksha (NPP),
M. K. M. Aslam (NPP), Ajith Agalakada (NPP), Rauff Hakeem (SLMC), Chitral Fernando (SJB) and Nishantha Jayaweera (NPP).
Tennakoon said the theft of funds happened over eight months ago and the Parliament owed the country a clear explanation regarding the disappearance of USD 2.5 mn. The CoPF, instead of expediting the process, has conveniently granted time for those responsible for the loss to cover up their tracks. “Free Lawyers pursue the issue at hand vigorously as we were the first to reveal the loss of USD 2.5 mn. Those who knew it remained silent until our disclosure,” he said, alleging that Speaker Dr. Jagath Wickremaratne was yet to respond to their letter regarding the USD 2.5 theft.
Responding to queries, Tennakoon said that political parties represented in the CoPF should be held responsible for the developing situation. “The Committee on Public Accounts Committee (CoPA) headed by SJB MP Kabir Hashim too, should explain its failure to deal with the USD 2.5 mn theft. Both CoPF and CoPA led by two SJB MPs should act now. Dr. de Silva and Hashim are answerable to the public, particularly because they represent the main Opposition.”
The CoPA consists of Kabir Hashim, Maj. Gen. Aruna Jayasekera (NPP), Sugath Thilakaratne (NPP), Anton Jayakody (NPP), Chandana Sooriyaarachchi (NPP), Ruwanthilaka Jayakody (NPP), Nalin Hewage (NPP), Oshani Umanga (NPP), Manjula Suraweera (NPP), Sagarika Athauda (NPP), Janaka Senarathna (NPP), K.Illankumaran (NPP), Dinidu Saman Henanayake (NPP), Susantha Kumara Navaratna (NPP), Lal Premanath (NPP), Aravinda Senarath (NPP), Thushari Jayasinghe (NPP), T. K. Jayasundera, Ajantha Gammeddage (NPP), Sundaralingam Pradeep (NPP), Kavinda Jayawardena (SJB), J.C. Alawathuwala (SJB),Hector Appuhamy (SJB), Kaveenthiran Kodeeswaran (ITAK), Chamara Sampath Dassanayake (NDF), Rohitha Abeygunawardena (NDF), M.L.A.M. Hisbullah (SLMC), M.A.M. Thahir (ACMC), Chanaka Madugoda (SLPP) and Sunil Ratnasiri (NPP).
Tennakoon said that both CoPF and CoPA were dominated by the NPP though the SJBers headed them. However, as heads of the two parliamentary committees, Dr. de Silva and Hashim, should be held responsible for lapses on the part of the committees or any deliberate omissions, Tennakoon said, questioning the rationale behind giving the Treasury and the CBSL six weeks to submit their findings to the CoPF.
Free Lawyers alleged that USD 2.5 had been released in spite of JP Morgan Chase and the Federal Reserve in the United States warning Sri Lanka about the suspicious nature of those foreign transactions via SWIFT messages. Tennakoon emphasized investigators should closely inquire into the decision taken to release funds regardless of such high-profile warnings.
Tennakoon said that the integrity of two key parliamentary committees is at stake. The civil society activist said that the country was in a highly critical phase of debt restructuring following a severe economic crisis. Tennakoon pointed out in terms of a condition of the International Monetary Fund (IMF) loan programme, the government’s debt management functions, previously carried out by the CBSL, were recently transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
by Shamindra Ferdinando
News
Viral diseases on the rise
The number of patients hospitalised due to viral illnesses, including dengue fever, had increased significantly, health officials said yesterday, adding that there had been a rise in daily dengue-related admissions.
Acting Director of the National Dengue Control Unit Dr. Kapila Kannangara said Sri Lanka had recorded 41,144 dengue cases as of Saturday (13).
He said more than half of the reported cases—around 51 percent—were from the Western Province.
According to Dr. Kannangara, the number of dengue patients admitted to hospital daily had reached 750, but it had declined to around 630. However, he cautioned that infection levels remained “very high,” despite the slight drop in hospital admissions.
The dengue death toll has risen to 24, prompting several hospitals to issue red alerts amid continued pressure on wards treating incoming patients.
Health officials warned that the situation could worsen if case numbers continued to rise. Dr. Kannangara noted that the growing burden on healthcare facilities could eventually exceed system capacity.
The public has been urged to take preventive measures to eliminate mosquito breeding sites and to seek prompt medical attention if dengue symptoms develop.
by Chaminda Silva
News
Ranil warns of another economic crisis, calls for Opposition unity
Former President and UNP leader Ranil Wickremesinghe has warned that Sri Lanka is heading towards a severe economic crisis, alleging that the current administration is steering the country towards “total collapse.”
Addressing a meeting of the UNP Working Committee at the party headquarters on Flower Road on Thursday, Wickremesinghe claimed that the government was facing mounting difficulties on multiple fronts, with the economy continuing to deteriorate.
He also accused the administration of pursuing policies that, he said, marginalised war heroes and Buddhist monks.
Wickremesinghe expressed concern over what he described as an erosion of fundamental and legal rights, citing the arrest and alleged ill-treatment of former State Intelligence Service Chief Suresh Sallay as an example. He said the rising cost of living had emerged as one of the main concerns of the public.
Commenting on the political situation, the former President said the Opposition had not been able to forge unity among the anti-government forces and called for greater coordination among Opposition parties and groups. He advocated a phased mobilisation strategy, beginning at village and electorate level, instead of attempting to address all issues simultaneously.
Wickremesinghe also announced a series of political campaigns and rallies aimed at strengthening the Opposition movement. The programme is scheduled to commence in Kandy this weekend, with subsequent events planned in Kurunegala and Kalutara.
He said the UNP was engaged in discussions with several political parties and organisations, including those led by Minister Jeevan Thondaman, with a view to forming a broader political alliance.Wickremesinghe urged party members to expedite discussions and arrive at a collective decision on the way forward to address the country’s challenges.
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