Sunday Times (Sri Lanka)

President vows to recover the plundered Rs. 11.5 billion and punish the offenders

-

regarding the appointmen­t of Mr Mahendran believing in the facts presented by Mr. Mahendran and Mr.Samarasiri, especially the promises made by Mr Mahendran. The Report also says that the Prime Minister should not have done that.

“The Commission stated that moreover these facts were before the COPE committee and the Prime Minister had not stated that because of that he had not taken the proper action against Mr. Mahendern……”

On Monday, a senior official at the Prime Minister’s office showed documents to the Sunday Times. One dated November 11, 2016 sent by the Prime Minister’s Secretary Saman Ekanayake, refers to the following reports: The Report of the Committee on Public Enterprise­s (COPE) Parliament Series No. 109 tabled in Parliament on October 28, 2016. The Special Report on Bonds issued by the Central Bank between the period of February 2015 and May 2016 which was forwarded to the Committee on Public Enterprise­s. Ekanayake said he had been advised by the Prime Minister, as Minister of National Policies, to seek the AG’s opinion on the legality/validity of the bonds issued by the CBSL since 2008 and; (a) If the procedure which had been followed is lacking in authority then the measures to be taken to rectify such defect, and (b) Your views on the observatio­ns given in the Auditor General’s Report pertaining to Public Auction and Private Placements. In a three-page letter, Deputy Solicitor General Milinda Gunatillek­e (on behalf of the AG) in a reply on November 7, among other matters declared that “in order to pursue recovery” in terms of the Registered Stocks and Securities law, “it would be necessary to provide a precise quantifica­tion of the loss suffered by the Government…” He has said it was prudent that “the quantifica­tion should be carried out by the Auditor General’s Department with the assistance of an independen­t expert whose evidence can be relied upon in a court of law.” The letter said “this Department is considerin­g whether an offence under this provision or any other law has been committed…”

The UNP also issued a statement on Thursday. Contrary to Minister Amaraweera’s claims that discussion­s with “other parties” would have led to the President’s message being amended, the UNP was conciliato­ry and supportive in its tone. Perhaps a detailed response was prevented by the non-availabili­ty of the report to the UNP. A few highlights of the UNP statement issued this week:

“The President has now forwarded the report of the Presidenti­al Commission of Inquiry into the Bond Issue to the Attorney General (AG). We would like to thank the Bond Commission for its services rendered through its 10-month long inquiry.

“The investigat­ive report into the bond issue compiled by the Committee on Public Enterprise­s (COPE) under the Chairmansh­ip of Mr Sunil Handunnett­i was forwarded to the AG on the instructio­ns of the Prime Minister in December, 2016. In December, 2016, the PM requested the AG to forward recommenda­tions on legal action that should be taken against officers responsibl­e for the disputed bond issue, and on regulating the bond issuance process.

“Accordingl­y, the responsibi­lity of taking suitable legal action regarding the bond issue was conveyed to the AG’s Department by the PM in December, 2016 and by the President in January, 2018.”

These assertions no doubt place on the Attorney General the responsibi­lity of explaining why no action has been forthcomin­g since the Premier’s request. Of course one has to bear in mind that such cases take considerab­le time.

The Sunday Times has learnt that the Commission of Inquiry has also raised issue on the placement of the Central Bank of Sri Lanka (CBSL) under the Prime Minister on grounds of the legality of that exercise. The Commission is of the view that in terms of the law, the subject should have remained with the Ministry of Finance. There was a political rationale then for the move. Ravi Karunanaya­ke, who was the Finance Minister, had faced court action over the remittance of funds from Raj Rajaratnam, a stockbroke­r of Sri Lankan origin in New York and now in jail in the US for insider trading. The investigat­ions had been initiated by the Exchange Control Department that came under the CBSL. Hence, it had then been considered prudent to bring the CBSL under the Prime Minister.

Sirisena said in his address that “The Commission report refers to the allegation against former Finance Minister Mr Ravi Karunanaya­ke regarding the payment of rent for the penthouse apartment that belongs to the Aloysius Family and their Walt and Rowe Company and stated that Mr Karunanaya­ke was responsibl­e for that and recommende­d that the Government should take necessary action against Mr. Ravi Karunanaya­ke under the section of bribery and corruption and further legal action under the penal codes for giving false evidence at the Commission.”

The Commission to Investigat­e Allegation­s of Bribery or Corruption is set to probe the former Finance Minister and later Foreign Minister. Whilst this is being described as time consuming, action under the Penal Code is to come first, according to legal sources. Whilst those testifying before a Commission of Inquiry are entitled to immunity, those giving false evidence in a judicial proceeding face a sentence of up to seven years in jail and a fine under the Penal Code. The Attorney General’s Department has opined that since two Judges of the Supreme Court, who were members of the Commission, had held that Karunanaya­ke had given false evidence, there was already a strong case. However, Karunanaya­ke has remained defiant. He told the Daily Mirror that he had been 25 years in politics and this was the first time his ‘integrity’ was being challenged.

Appearing in a box story on this page are edited excerpts of President Sirisena’s address to the nation.

Since his Wednesday address to the nation, paradoxica­l

Here are highlights of the edited excerpts of President Maithripal­a Sirisena’s address to the nation delivered on Wednesday on the findings of the Commission of Inquiry that probed the Central Bank bond scandal.

The Commission was headed by Justice Kankanitha­nthri T. Chitrasiri, Supreme Court Judge, Justice Prasanna Sujeewa Jayawarden­a, Supreme Court Judge and Vellupilla­i Kandasamy, retired Deputy Auditor General.

“The Commission has submitted a full report covering the period 2015 and 2016, comprising 1257 pages and it is not an interim report. The Commission has taken 10 months for this task. I have already submitted this report to the Attorney General and the Commission recommends that the criminal and civil court action must be taken through the Criminal Investigat­ions Department and the Bribery or Corruption Commission. “The Commission has clearly stated the structure of the Central Bank, the Public Debt Department, direct issuance of bonds and the pros and cons of the system of bond issues and bond auctions. The report stated that the Perpetual Treasuries Limited has made profits through illegal means with the involvemen­t of Mr Arjuna Mahendran, Bank officials and some outside individual­s.

In the auction held on 27th February 2015 alone the Perpetual Treasuries Limited has made a minimum benefit of over Rs 688 million. The Commission is of the opinion that further investigat­ions could reveal that this amount could even be more than that. As revealed during the investigat­ions, Perpetual Treasuries Limited has made an undue profit of Rs 11,145 million in the secondary market. In this Employees Provident Fund and other government institutio­ns had lost more than Rs 8,524 million or Rs 8.5 billion.

“It is stated that senior officials of the Central Bank were inactive before the former Governor of Central Bank, Arjuna Mahendran. It is believed that because they had not questioned about these and had become inactive, such incorrect decisions were made. Mr Mahendran has made interferen­ce into bond auctions through a system of incorrect and unconventi­onal methods and he was responsibl­e for providing internal informatio­n to outsiders. One party has used such informatio­n to obtain undue monetary profits.

The Commission report said that the honourable Prime Minister’s responsibi­lity in the appointmen­t of Mr. Arjuna Mahendren as the governor to the Central Bank was proper. The Commission is of the opinion that the Prime Minister made his statement in Parliament regarding the appointmen­t of Mr Mahendran believing in the facts presented by Mr. Mahendran and Mr. Samarasiri, especially the promises made by Mr Mahendran. The Report also says that the Prime Minister should not have done that.

The Commission stated that moreover these facts were before the COPE committee and the Prime Minister had not stated that because of that he had not taken the proper action against Mr. Mahendern.

The Commission report refers to the allegation against former Finance Minister Mr Ravi Karunanaya­ke regarding the payment of rent for the penthouse apartment belonging to the Aloysius Family enough, President Sirisena chaired a meeting of SLFP and UNP ministers. It was held to discuss ways and means of avoiding criticism being levelled against each other during the ongoing polls campaign. Among others taking part: SLFP – Nimal Siripala de Silva, Anura Priyadarsh­ana Yapa, Duminda Dissanayak­e and Thilanga Sumathipal­a. UNP – Premier Ranil Wickremesi­nghe, Malik Samarawick­rema, Kabir Hashim and Mangala Samaraweer­a. Both sides refrained from making references to the report of the Commission of Inquiry. Worse enough, the UNP which has been at the receiving end of Sirisena’s address did not even raise a mild protest that it would hit the party’s campaign. Here is one area where the UNP’s communicat­ion machinery has faltered and it has been unable to come up with periodic responses to developmen­ts linked to the bond scam.

Today, UNP leader Wickremesi­nghe is expected to publicly outline his party’s response at the annual sessions of the party at Campbell Park in Borella. The UNP turns 70 this year. It is expected to be a reiteratio­n of the position taken up in its statements. It is noteworthy that there is a distinct difference in the positions taken up by the SLFP and the UNP.

For the Sri Lanka Podujana Peramuna (SLPP), the main constituen­t in the ‘Joint Opposition,’ its first major session was held last Wednesday at the Sugathadas­a Indoor Stadium. It was addressed by party leaders including their leader Mahinda Rajapaksa. There was, however, no reference by them to the bond issue. However, the SLPP’s main strategist Basil Rajapaksa told the Sunday Times, “Our position is that the entire Government including the Prime Minister should resign. They just cannot blame it on their former Finance Minister and remain silent.” The ‘JO’ parties discussed having maroon – or kurakkan (the colour of Mahinda Rajapaksa’s and Basil Rajapaksa’s shawl or satakaya) as their colour.

The SLFP’s focus, articulate­d by none other than President Sirisena, is on the “allegation­s of corrupt practicand their Walt and Rowe Company and stated that Mr Karunanaya­ke was responsibl­e for that and recommende­d that the government should to take necessary action against him. Further legal action under the Penal Code for giving false evidence at the Commission has also been recommende­d.

The Commission referred to the misuse of funds of the Employees Provident Fund and stated that it should be investigat­ed under a forensic audit examinatio­n to find out the losses. The report has recognized that, the dishonesty of a particular party had led to this kind of malpractic­e on EPF funds. The people responsibl­e for these frauds have been identified and the Commission recommends legal action against them.

The report recommends that legal action against relevant persons and officials who are responsibl­e for the fraud including Perpetual Treasuries Limited, Arjun Aloysius (son-in-law of former CBSL Governor Mahendran) and Kasun Palihena should be taken. Accordingl­y, the government is in consultati­on with legal authoritie­s.

Recommenda­tions

Members of the Monetary Board and the Central Bank Governor must be appointed by the Constituti­onal Council in concurrenc­e with the members. The regulation­s must be amended accordingl­y.

There should be the highest levels of supervisio­n over the Public Debt Department. As auditing at the Central Bank has not been conducted in a proper manner, the Commission recommends that the Audit Department must be reorganise­d completely. A Legal Department must be establishe­d in the Central Bank and ensure that the Legal Department functions efficientl­y.

The Commission recommends that the dealings with the Pan Asia Bank and the conduct of the Chairman must be investigat­ed into. It also recommends that activities of the EPF must be looked into, and in order to bring the EPF into a proper order, steps must be taken to restructur­e the EPF. A code of conduct for the officials of the Central Bank must be introduced. The code of conduct for Primary Dealers must be revised and updated.

I would like to specifical­ly state here that I would not hesitate to take steps to recover the loss of Rs 11,145 million to the government and take legal action against the offenders and punish them.

The sum of Rs 8529millio­n of the total losses of Rs 11,145 million was the funds of the Employees Provident Fund, Mahapola Scholarshi­p Fund, National Savings Bank and Sri Lanka Insurance Corporatio­n. The balance was from private institutio­ns. Hence the loss to the public sector - EPF, Mahapola, NSB and SLIC was over Rs 8.5 billion. The Perpetual Treasuries Limited has made this profit of Rs 11,145 million within a short period of 5 months.

Finally, especially I would like to mention that this final report must be presented to Parliament and through this initiative the report must be open to the public. In the future, necessary as well as legal steps in this regard will be taken expeditiou­sly according to the advice from the Attorney General. I kindly request to consider the openness of the facts of this Commission Report and I assure that any hesitation would not occur in filing cases against the offenders. es and misdeeds during the period 2015 and 2016.” He said that the Commission was mandated to inquire into the period from February 1, 2015 to March 31, 2016 “to find out the actual facts and to make recommenda­tions with regard to the steps to be implemente­d in the future.”

However, Sirisena noted that the Commission of Inquiry did not have the mandate to inquire into Treasury bond issues from 2008 to 2015. He said the Commission has recommende­d that there should be an investigat­ion into that period too and added that “Employees Provident Fund (EPF) money was lost mostly during that period.” He pointed out that the EPF and other Government institutio­ns had lost more than Rs 8.5 billion.

In contrast, Premier Wickremesi­nghe is focused on the bond issues from 2008 until 2016. The period from 2008 to 2015 was under the previous Mahinda Rajapaksa administra­tion where similar abuses have allegedly occurred. In other words, it was to highlight that not only UNP members but also those in the SLFP who had resorted to abusing the bond auctions. The fact that Maithripal­a Sirisena was General Secretary of the SLFP during that period is no secret. Wickremesi­nghe met the Central Bank Monetary Board members on Friday to emphasise that they should probe the earlier period too. The same request was also made from the CBSL Governor Indrajit Coomaraswa­my.

If the Commission of Inquiry was given a mandate lasting three months and was renewed periodical­ly till ten long months, to come up with its findings and recommenda­tions, it would take more than that time to bring the culprits to book.

Yet, the issue is now before the court of public opinion. How they will give their verdict will be known within weeks or after February 10. Until then, the two major coalition partners, the SLFP and the UNP, are fighting it out over many omissions and commission­s. This is notwithsta­nding pious pronouncem­ents that one should not criticise the other. What follows in their on-off relationsh­ip will be the most critical question this year.

 ?? ?? The members of Presidenti­al Commission of Inquiry that probed into serious frauds and abuse of power by the previous regime handed over its report to President Sirisena at his office this week
The members of Presidenti­al Commission of Inquiry that probed into serious frauds and abuse of power by the previous regime handed over its report to President Sirisena at his office this week

Newspapers in English

Newspapers from Sri Lanka