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X-Press Pearl fire: SC moved against local agent Sea Consortium Lanka and 12 others  

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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.



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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