Finding f Inquiry

E of emergency to deal situation eases

mitted, in case such irregularities are found to be true; It has also become necessary to identify the person or persons responsible for such irregularities. It is therefore beyond any doubt that contrary to Minister Jayasekera’s claims, the Commission has not been mandated to probe contraventions of any law according to its Terms of Reference. The reference to “irregularities,” “proper procedures,” malpractice” all come within the ambit of civil laws, these experts opined. They pointed out that the Terms of Reference in past Commissions have included provision to probe violations of the law, including criminal matters.

The Commission of Inquiry (CoI) is headed by Justice K.T. Chitrasiri, Judge of the Supreme Court, Justice Prasanna Jayawardana, Judge of the Supreme Court and Kandasamy Velupillai, Retired Deputy Auditor General. They will be assisted by counsel from the Attorney General’s Department.

A Government source closely associated with the process that led to the appointment of the CoI said yesterday that the new process would help President Sirisena obtain “a full picture” of the CBSL bond scam -- how it originated, the person or persons including politicians who, if any, were involved and whether colossal sums of public funds were misappropriated among other matters. “The President would have to decide thereafter the course of action he proposes to take based on the recommendations that would come from the CoI,” the source said.

By Sirisena’s own admission, a Police ‘criminal’ investigation is already under way based on it being declared a scam by the COPE report. Hence, one could safely assume that whatever recommendations from the CoI would help Sirisena obtain details of the origins of the bond scam including those involved and identify areas where corrective action has to be taken to prevent any recurrence.

In fact, he notes in his warrant that “I am of the opinion that it is in the national interest” to conduct an investigation and inquiry “in order to determine what measures should be adopted to ensure that there will be no recurrence of such acts in the future.”

For Sirisena, the CoI report would be an authoritative account brought out by those serving in the highest positions in the country’s judiciary and a onetime public official whose name has been suggested even for the proposed Audit Commission. At the COPE, however, the United National Party (UNP) members were steadfast in their assertion that there was no wrongdoing whilst other members, who were in the majority, concluded there was misappropriation of public funds and identified those directly involved. The UNP members, in an unprecedented move, ended up adding footnotes in the COPE report contesting the findings. This gave the COPE report a political flavour and that the findings, or more so, the footnotes were based purely on political lines.

The Presidential warrant requires that the CoI transmits its report to him within three months from the date it was issued – i.e. January 27. This means the Commission would have to hand over its report on or before June 27. However, there is no bar to the Commission seeking an extension as has been the practice if the workload increases. Unlike the COPE inquiry, there are many other parties who want to testify. This includes members of the ‘Joint Opposition’ and even other CBSL officials since the Commission is empowered to extend confidentiality by conducting sittings in camera.

This is the first Commission of Inquiry to be appointed by Sirisena and comes as Sri Lanka marks the 69th anniversary of independence. Celebrations to mark the event at Galle Face Green yesterday would have come under a State of Emergency, though it was for different reasons. Prime Minister Ranil Wickremesinghe proposed to the Cabinet of Ministers that such a state of emergency be declared in view of fears of a severe drought. That was to ensure relief work by the Government was carried out effectively and the move would even facilitate the deployment of troops.

At a ministerial discussion, it was agreed that the proposal be discussed by a subcommittee chaired by President Sirisena that was dealing with matters related to the feared drought. Last week, Sirisena was on an Air Force flight to Mullaitivu when the VVIP helicopter pilot told him that he could not proceed due to poor visibility conditions caused by heavy rains. A happy Sirisena was to remark that his prayers for rains had been answered and directed that they return to Colombo.

For Sirisena, some of the key issues he has to tackle appear uppermost in his mind. Strong criticism that election promises to probe large-scale corruption and other malpractices have not been kept has prompted him to direct that the different Police agencies act without delay.

This has led to Police top brass busying themselves to seek the help of the Attorney General’s Department to file indictments. However, as one Minister points out, “there is always a slip between the cup and the lip.” He said they (the Police) have “dragged their feet” for more than two years and will now “have some reason” to delay matters further. He lamented that the public fallout was on the Government.

Another key area is the economy. Lack of adequate funds has prompted the Government to turn to the People’s Bank and the National Savings Bank (NSB) for funding to finance priority projects. This month, Finance Minister Ravi Karunanayake sought approval from his ministerial colleagues to raise Rs. 23.20 billion from the National Savings Bank and the People’s Bank to fund the second phase of the Central Expressway Project.

Pointing out that the project is “high priority”, Karunanayake said that the project has been awarded