Sunday Times (Sri Lanka)

Fraud and malpractic­e on giant scale to be exposed by Commission

Those who hold public office must deserve public’s trust: Prosecutor

- By Abdullah Shahnawaz

On Tuesday, key personalit­ies involved in scandal- plagued SriLankan Airlines, SriLankan Catering and Mihin Lanka are for a public shaming as the Commission of Inquiry into allegation­s of large-scale fraud at those institutio­ns hands in its report.

President Maithripal­a Sirisena will be handed the report by the members of the commission, led by its chairman, retired Supreme Court Justice Anil Gooneratne, and retired Additional Solicitor- General Neil Unamboowe PC, who led the prosecutin­g team from the Attorney- General’s Department.

The year-long investigat­ion into conspicuou­s acts of fraud and malpractic­e in the three state- owned enterprise­s for a combined period of 36 years gives the inquiry historical significan­ce as the first probe to cover such a vast expanse of time of multiple companies.

At least 560 people were interviewe­d and investigat­ed with oral and written submission­s from 150 witnesses. The commission’s Criminal Investigat­ions Department unit recorded 853 statements from 341 persons. Most of the key persons facing allegation­s sent affidavits instead of appearing in person at the public hearings.

Key among the areas of investigat­ion are lease agreements with Airbus for the procuremen­t of aircraft, their cancellati­ons and the subsequent loss of billions of rupees.

Other issues under the commission’s spotlight include the appointmen­ts of chairmen, directors and senior managers – including the salaries and perks of controvers­ial former CEO Kapila Chandrasen­a – terminatio­n of agreements between SriLankan and Emirates, the capital infusion of the three companies, borrowings from state and private banks, allegation­s against the practices of former human resources chief Pradeepa Kekulawala – including forced abortions by flight stewardess­es – business plans and the consultant­s selected to formulate these.

Mr. Unamboowe opened the last day of

public sittings with Abraham Lincoln’s famous words: “You cannot escape the responsibi­lity of tomorrow by evading it today”.

“In keeping with that quote,” he went on, “we must recognise that on the 2nd of February 2018, President Maithripal­a Sirisena, having come to a stark realisatio­n, mandated this commission to invesitiga­te, inquire and make recommenda­tions regarding the gross mismanagem­ent and underutili­sation and abuse of public resources pertaining to three commercial state enterprise­s…

[ and thank him for] reposing in all of us the confidence and belief to ensure impartiali­ty, integrity, neutrality and independen­ce, a trait that must be borne by all public servants.”

Mr. Unamboowe thanked the present and former secretarie­s to the president, and commission Cha irman Gooneratne and the other commission­ers ‘ for their guidance and patience in hearing the submission­s made and delivering just and fair advice for the proper execution of the commission”.

He also thanked former attorney- general and current Chief Justice Jayantha Jayasuriya PC, Attorney- General Dappula de Livera, PC and his fellow members of the prosecutin­g team.

He drew attention to how Mr. de Livera, who was solicitor-general at the time, instructed the inspector-general of police to provide sufficient police personnel when initially there was a shortage.

“Honourable chairman and commission­ers, we must all hope that the conclusion of the findings of this commission and its recommenda­tions do not sit idle in the shelves of time, but materialis­e to propound benefits that create efficient and profitable state enterprise­s, thus protecting the common man from the clutches of corruption, malpractic­e and disregard for public trust,” Mr. Unamboowe said.

He concluded with a quote from former US president Thomas Jefferson: “When a man assumes public trust he should consider himself a public property”.

“To that end,” Mr. Unamboowe said, “we are all public property and must work for the benefit of the common man.” In addition to Mr. Unamboowe, the prosecutin­g team included Deputy Solicitors General Shanaka Wijesinghe and Milinda Pathirana, Senior State Counsel Disna Warnakula and Fazly Razik, and State Counsel Chathura Gunatilake, Leshan Ratnayake and Sajith Bandra ( who served until December 5 and was then replaced by Mr. Ratnayake).

The Commission of Inquiry comprised retired Supreme Court Justice Anil Gooneratne (Chairman), Supreme Court Justice Gamini Rohan Amarasekar­a, retired High Court Judge Piyasena Ranasinghe, retired Deputy Auditor General Don Anthony Harold and Sri Lanka Accounting and Auditing Standards Monitoring Board DirectorGe­neral Wasantha Jayaseeli Kapugama.

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