‘Four politicians are creating this issue’ : NISSANKA SENADHIPATHI

Q Firstly, can you tell me about your time as chairman of Avant Garde and the dealings of the firm since you took over?

WellAvant-Garde was the primary security provider for the last 19 years, and has provided employment and wages for many retired officers from the armed forces, people who fought for this country. After being in the Special Forces they do not like to be paid less than an unskilled labourer. Since they were in this position I decided to help them by giving them an opportunity save their pride and also be employed. I noticed the potential in anti-piracy operations but I did not know much about the subject of piracy at the time, so I studied it for about one and a half years and familiarised myself with the UN Law of the Sea (UNCLOS). By starting this I took unemployed retired forces men and gave them jobs. These men are only trained to kill. If they were unemployed and running rampant that would have been the biggest threat to the country.

Q Till such time was it only matters of private security that the firm took on? If so, tell me how it moved to matters of national and international security from this.

That’s correct. The institution under the Ministry of Defence (MoD) Rakna Lanka (RALL) did not start maritime armouries, I am the first person to write to the Defence Ministry and request it to start this. Some operations were very close to Somalia, some 290 nautical miles away and were reportedly in some of the most dangerous zones.

In 2010 all the foreign companies involved in these matters came to Sri Lanka and received permission of the MoD and started storing weapons in Sri Lankan territory with the Navy and Sea Marshals. If even something small goes wrong we would have many problems because of all the rules governing this area. If guns go into the wrong hands it is the biggest threat to national security. Rakna Lanka started this job with 24 companies at the time it required a shipping licence, which we did not have. So at this point the primary security firms in this country started this without any knowledge of On Board Security Team (OBST) operations, and without knowledge on maritime laws and management of this kind of project, and made a serious mess of things. In about eight months almost 200 weapons were unaccounted or missing. The UN head of Missions Joe Rothford wrote questioning this very serious issue of loss of arms. When this was put to the government, they did not have a mechanism to secure the weapons belonging to the government, so they outsourced to foreign companies to store these weapons in land armouries and other floating armouries. And when the custodian of the weapons left the country, they rehired and misused these weapons, which is a serious offence. So, then we contracted with a company called GATT Shipping as a sub-agent because we did not have the licence. We got lucky because after about 50 meetings with the MoD and Rakna Lanka we finally got a pilot project to handle trawlers. We then had 200 ships carrying 700 men each and deployed more than even the UN did into Somalian waters and contributed about 80 percent of the world’s anti-piracy operations.

The UN Arms Embargo Wing almost blacklisted us saying our weapons were in the possession of many governments, which is a serious offence. I took it upon myself, and I went to 26 countries spending 22 million of my own money and recovered 181 of the 195 or so guns that were missing. When the government saw how successful we were, then it was given to me, because this was my brainchild and therefore, was handed this project.

Q One of the main contentions however is that private security firms should not be handling matters of national security...

Who says that?

Q It is generally believed that national security is best in the hands of an accountable government body. So when there is such a body in Rakna Lanka, why did a private security firm take over?

(Laughs) That’s what they tried to handle and lost 195 weapons. First let me be clear that there is a distinct directive by the MoD that it is Rakna Lanka and the government which has the authority to deal with arms. I cannot move a single gun without their approval. In any case, the government cannot store weapons in other countries without licences and without going to Parliament. They found a better alternative in storing weapons with me in my armouries, manned by Rakna Lanka officers, or in land armouries meaning the customs or Police. I am the one who is paying the salaries of all the people in Rakna Lanka, who is going to pay them? Who is going to spend 260 million of their own money? I spent 700,000 USD a month on the floating armouries. If I pull out tomorrow the government will have to shut this operation down.

Q So is it just financial aid that the government is dependent on Avant-Garde for?

(Animatedly) No, no! The systems, the procedures are what we put in place. RALL do not have a management system like us. Avant Garde has three naval commanders, two Chief of Defence Staff, and an Indian admiral. RALL has only two commanders.

Q

It is up to the defence ministry to bring these things to the attention of people

But people feel uneasy because they feel that Avant-Garde has taken control over the operation. How did this perception come about?

I already told you, I cannot touch a single round of ammunition even. The weapons control and custody is with RALL, I am merely providing the infrastructure facility. People don’t know this, and I cannot teach them about this subject. I am only an administrator, only a financial arm. These are people who either don’t know or have something against me who say these things. Where will they keep weapons if they don’t have my armouries?

Q But the problem for the people is the possession of this many weapons with a private body. So isn’t their nervousness justified when you say things like ‘my armouries’?

People don’t understand the concept of infrastructure. We provide the ship, the guns belong to the government, the security is done by RALL. Civilians don’t understand this.

Q It was only when the floating armoury ‘The Mahanuwara’ was found that people knew about a mechanism called a floating armoury, let alone AvantGarde’s joint venture involvement. Why was it kept from public attention until that point?

Why should I bring it to public attention? I don’t have to tell people everything I’m doing. It is up to the Defence Ministry to bring these things to the attention of people. It was initially done by the Navy, and though they are a great force they did not know how to handle operations. People don’t k now this. They make wrong assumptions. There was once a land based armoury, and serious offences were committed due to a lack of knowledge, and there were even instances of lower level officers taking bribes. So, the Navy wrote to me thanking me for enlightening them on the subject. Then it was given to Rakna Lanka. The Navy being the gentlemen they were accepted their mistake in writing. This was a confidential government letter, so I cannot disclose it or publish it for people to see.

Q Some of the Ministers in the current government charged that RALL having control is merely a front and that they are mere bystanders while AvantGarde is actually in charge in the guise of administrators. What do you have to say to that?

There are four politicians in this country who wanted money from me during the election times, and because I refused to fund them now they are creating issues for me. I have a record to show if they are talking so much about it.

Q Who are these politicians that you are referring to?

You know they are the same four politicians who keep shouting and saying things against me. One of them came during the 2010 elections asking me for money and again this time. I refused so now they are trying to create problems. If they want I can prove it.

Q That didn’t narrow it down to whom these persons are, could you tell me specifically?

I think the public knows the politicians who are shouting. They say all kinds of things. When there is a clear MoD order stating that weapons control is strictly with the Navy given to the CID as well, they are still saying things. People even said this is a Navy business and that I am taking this over and putting the money in my own pocket.

The Navy was charging only 1000USD per transit, I used all the knowledge I have on the subject and managed to increase the price to 3,500 USD per transit, and out of that I gave 2000USD to the government. I more than doubled their income. They made six million USD per annum and after I took over they made 30 million USD, of which I gave half to the country. Did I do something wrong by getting more money for the government? Is that a national crime? Has the government made a loss? The government made 65 million a month, and once I took over it made 140 million a month. In all operations up to now I have spent 3.3 billion and the government has not spent one cent. The government put a rule that I have to pay 45 percent from the turnover. Is there a profit for me? If I paid from profits I stand to gain. But it is the government which has profited the most. The government took this money illegally from me, I actually should not have to pay.

Q So, on your previous point, you’re saying that it was up to the government and Ministry of Defence to be transparent and disclose this information to people?

Well I believe this matter was taken up in parliament and also in courts. So they have brought it to attention. Information about this cannot be disclosed because my life is in danger. I have operations 200 nautical miles from Somalia, and it is known that I am fighting against known terrorists around the world. So, certain information cannot be disclosed because it will be a threat to my life.

Q Some of the Sea Marshals, and retired Navy officers claimed that they are losing out on income they were receiving when the Navy was in charge. They also said the Navy is losing income by storing weapons in the Rangala camp but have not received any of the proceeds. Adding to this Minister Patali Champika Ranawaka said that about 90 percent of the income is held by Avant-Garde. What is your response to these charges?

Well, the numbers speak for themselves. They were earning only 65 million a month and I increased it to 140 million. This money was given to the government and the MoD, and the Navy falls under the MoD. So is this a loss? Did they lose money when I brought in more money than before? This is black and white. They are creating issues because I have not paid them money.

These Navy officers who are shouting are the ones who were let off because other officers took bribes. The ones who are talking are the ones who were victims of the Navy losing this project because lower level officers took bribes. By taking bribes they stored illegal arms in Naval arms storage. How serious is that for national security? They mishandled things and put our national security at stake. Champika Ranawaka doesn’t know where he stands. He should attend to the losses made in his Ministry of Power and Energy without talking about my losses.

Q These are very large sums you say you brought in. Did you do it merely as a service for the government with nothing to gain out of it?

Yes, I wanted to serve the country, but it was not my service to the government. I was demanded by the government to take over this operation and then was asked to mandatorily pay 45 percent of the turnover. I had to oblige.

Q

Couldn’t you refuse?

(Laughs) it was the demand of the government so I had to accept.

Q Another problem was with former Attorney General Thilak Marapana being the lawyer for Avant Garde while being billed to be on the Committee Against Corruption...

So, why is it a problem that he is our lawyer? He can do a hundred cases for everyone else but not for us?

Q It would appear to be a conflict of interest if he is appointed to the Committee against Corruption as he is highly speculated to be, while Avant-Garde has so many outstanding allegations of corruption would it not?

Where is the letter? Has he been appointed yet?

Q If so, will there be provision for the case to be handed over to someone else?

That is up to him. But he has not been appointed in writing. Why we wanted him as our lawyer was because he is a former Defence Minister and Attorney General, and knows more about defence and maritime issues.

Q You denied all allegations of Avant Garde being involved in training military personnel or holding any training facility, but the Nigerian High Commissioner recently disclosed that the Nigerian government had entered into a 300 million USD contract to train sea marshals for their country, and build a fleet of boats at a yard in Colombo. Do you still stand by your claim?

Yes of course, why not? You’re making a mistake, we are a joint partner with RALL, this subject was handled by MoD. I am the administrator. They come to Sri Lanka to train the first batch, and then we go to Nigeria to train them. I have taken on anti piracy operations in the Nigerian gulf of Guinea which brought 6,000-8,000 jobs to retired forces men. Can the government do that? The government got this 300 million USD deal without having to pay taxes. So is it a crime? I don’t train military, I am just an administrator.

Q I didn’t mean it as a matter in personal capacity, I was referring to Avant-Garde

So, government can’t train sea marshals no? How can the government do that? It is a private group of people.

Q But there is an agreement to provide training in another country?

Yes, but these are not armed forces that we are training. It will be a major issue if we train the forces of other countries. It has become a crime to give retired people jobs nowadays. If you think my giving jobs to retired people a job is a crime then say so, I will ask them all to leave. We train only sea marshals. Keep bearing in mind that this is a joint venture with RALL. Why is there only a focus on negative aspects? To get a contract of 300 million USD I spent 300 million rupees. Why won’t people look at that? Can the government do business like this with another country? No they cannot.

Q You stressed that this is a joint venture with the government body Rakna Lanka (RALL), but the Nigerian High Commissioner Mr. Ahmed said that his government did not know they were dealing with a private entity as well. Why is it that you never corrected the record?

No, that is completely a wrong account they carried in the news, and I did not have enough time to correct it. You think the government of Nigeria is stupid not to know what a public-private partnership is? We are a Joint Venture partner. This is a mistake and this is a confidential thing they have disclosed and the Nigerian government was very upset about it.Any government understands before they sign that it is a Public-Private Partnership.

Q It’s getting to the end of the inquiry soon, and a report is due. Are you confident you will be cleared?

It is at theAttorney General’s Department right now, so I don’t want to comment on that.