SPECIAL REPORT : Part 432
In the absence of a proper ‘mechanism’ to tackle the massive waste, corruption, irregularities and mismanagement, disclosed by the parliamentary watchdog committees, COPE, COPA and COPF, they are quietly suppressed. In spite of repeated assurances given by the Parliament, tangible measures hadn’t been taken, so far, to ensure legal measures against those responsible. Therefore, the Parliament cannot absolve itself of the responsibility for the current crisis caused by a toxic combination of reckless decision-making, waste, corruption, irregularities and mismanagement.
By Shamindra Ferdinando
Justice, Prisons Affairs and Constitutional Reforms Minister Dr. Wijeyadasa Rajapakse, PC, recently declared that the major allegation directed at lawmakers, was corruption, Minister Rajapakse recalled how he was removed from the post of Chairman of the Committee on Public Enterprises (COPE) during Mahinda Rajapaksa’s first term (2005-2010) as the President, after the outfit disclosed allegations, pertaining to misappropriation of as much as Rs 300 bn in public funds.
Minister Rajapakse said so at the OPA’s (Organisation of Professional Associations) 2022 awards ceremony held at the Cinnamon Lakeside on August 16. Addressing the gathering, after President Ranil Wickremesinghe and Speaker Mahinda Yapa Abeywadena, the one-time President of the Bar Association of Sri Lanka (BASL) said that the Cabinet-of-Ministers has approved a new Bill meant to tackle corruption and fraud. The project has received the support of retired Senior Additional Solicitor General Sarath Jayamanne, PC, lawmaker Rajapakse said, while disclosing the proposed law would deal with asset declarations of lawmakers. Let us hope that the new law, once enacted, will lead to examine among other things the scandalous refusal by Parliament to release the list of its members who have filed their declarations of assets and liabilities, from 2010-2018, in answer to an appeal filed by a journalist Chamara Sampath. The Parliament declined to release the required information in spite of the Right to Information Commission asserting that such information is not protected by parliamentary privilege.
PC Jayamanne, who retired in January last year, was also present on the occasion. Having received the appointment as Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) in Nov 2016, Jayamanne served in that post till late January 2020. Obviously, Jayamanne hadn’t been acceptable to the Gotabaya Rajapaksa administration. The Rajapaksa administration turned the CIABOC and the Attorney General’s Department upside down. The dismissal of so many cases, filed during Jayamanne’s tenure as the DG, CIABOC and incumbent Chief Justice Jayantha Jayasuriya, PC, in his capacity as the AG, since the last presidential election, is an issue that should be addressed by President Wickremesinghe’s government.
There were obvious shortcomings in those filings, like failure to obtain signatures of all bribery commissioners to sign up on those indictments.
The soft spoken senior AG’s Department officer replaced DG, CIABOC, Dilrukshi Dias Wickramasinghe after the then President Maithripala Sirisena publicly rapped her over the handling of bribery and corruption cases, particularly the high profile AGMS (Avant Garde Maritime Services) investigation.
Actually, the yahapalana government suffered irreparable damage, in late 2015, when its law and order Minister Tilak Marapana, PC, resigned after having defended the AGMS. Dr. Rajapakse, too, strongly defended the ex- Army Commando Officer Maj. Nissanka Senadhipathy’s enterprise.
Minister Rajapakse gave the assurance on a new law to tackle corruption and fraud in the wake, President Wickremesinghe addressing the contentious issue at the inauguration of the third session of the 9th Parliament.
The Presidential Media Division (PMD) in a statement issued in Sinhala, quoted Minister Rajapakse as having asserted that the ‘Aragalaya’, (public protest movement) had been caused by yahapalanaya sans transparency.
The moves to introduce a new Bill, against corruption and fraud, should be examined taking into consideration a controversial Cabinet proposal to pay compensation to 27 persons who held senior administrative posts and other positions during the Mahinda Rajapaksa presidency. They have been offered compensation to the tune of nearly Rs 120 mn whereas appeals made by 11 others were rejected.
The compensation has been awarded by a committee, headed by former Chief Justice Asoka de Silva. Other members of the committee, appointed by the then President Gotabaya Rajapaksa, are former Court of Appeal Judge Sunil Rajapaksa, President’s Counsel V.K. Choksy, former Auditor General S. Swarnajothi (resigned on November 11, 2021 and succeeded by Chartered Accountant K.S. Chandrapala de Silva), and retired Accountant H.D. Weerasiri.
The ruling SLPP (Sri Lanka Podujana Peramuna) wants Prime Minister Dinesh Gunawardena to submit the Cabinet paper, in this regard, to the Cabinet of Ministers, headed by President Wickremesinghe. The case of those who had been allegedly victimized by a disputable process initiated by the then yahapalana Premier Wickremesinghe is likely to be presented to the Cabinet of Ministers, headed by Wickremesinghe himself. What would be the Justice Minister’s stand?
Shocking case of a Solicitor General
After Sri Lanka’s triumph over separatist Tamil terrorism, the then President Mahinda Rajapaksa vowed to eradicate corruption. But, just over a decade later, waste, corruption, irregularities and mismanagement, at every level of administration, has resulted in the country being declared bankrupt. The need to carefully examine the responsibility as well as the accountability on the part of the executive, the legislature and the judiciary cannot be ignored. The legislature should accept the major blame as public finance and enactment of new laws are its responsibility.
After Sri Lanka’s triumph over separatist Tamil terrorism, the then President Mahinda Rajapaksa vowed to eradicate corruption. But, just over a decade later, waste, corruption, irregularities and mismanagement, at every level of administration, has resulted in the country being declared bankrupt. The need to carefully examine the responsibility as well as the accountability on the part of the executive, the legislature and the judiciary cannot be ignored. The legislature should accept the major blame as public finance and enactment of new laws are its responsibility.Let us discuss Solicitor General Dilrukshi Wickramasinghe’s dilemma—a case that never received sufficient media attention. Having lost the post of DG, CIABOC under controversial circumstances, Wickramasinghe returned to the AG’s Department where she maintained a low profile. The then Attorney General Dappula de Livera, PC, interdicted her on Sept. 25, 2019, following a leaked telephone conversation she had with Avant Garde proprietor Senadhipathi in her capacity as the DG, CIABOC. The conversation was leaked to the media on Sept. 20, 2019, immediately after the recording of the discussion, without her knowledge.
The highly embarrassing recorded telephone conversation, whether edited or not, with Avant Garde Chairman Nissanka Senadhipathy, in which she virtually admits how she had to abuse her position in that litigation. That aspect was never investigated.
In spite of her being cleared by the Administrative Appeals Tribunal (AAT), she was not allowed to return to the AG’s Department regardless of specific instructions issued in that regard. The ruling was given in respect of a case filed by Wickramasinghe against the Public Service Commission (PSC).
Wickramasinghe retired on July 30, 2021 after reaching the compulsory retirement age. The unparalleled ruling was given by a three-member AAT consisting of Justice N.E. Dissanayake, A. Gnanathasan, PC and G.P. Abeykeerthi. Justice Dissanayake functioned as the Chairman of the highest tribunal empowered to inquire into such an appeal.
Wickramasinghe appealed to the AAD on Oct 5, 2020. The AAT inquired into disciplinary authority exercised by the PSC in respect of the Solicitor General.
The original ruling that had been given on July 14, 2021 was amended on July 22 subsequent to the PSC seeking clarification of some matters which the AAT considered important. The AAT acknowledged that the issues that had been raised by the PSC weren’t taken into consideration at the time of the issuance of the July 14 ruling.
Attorney-at-law Riad Ameen and Assistant Secretary PSC Srinath Rubasinghe appeared for Wickramasinghe and the PSC, respectively.
The leaked telephone conversation in question was over the controversial case of the Avant Garde floating armoury that divided the previous government, with two ministers with excellent legal backgrounds striking discordant notes.
Dappula de Livera’s successor, Sanjay Rajaratnam, PC, hadn’t, however, allowed SG Wickramasinghe to resume work in spite of the original order nor the amendment ruling given on July 14 and July 22, respectively. A copy of the original order was delivered to the AG’s Office on the evening of July 14.
The AAT ordered (1) Immediate cancellation of PSC directive dated April 06, 2021 that placed SG on compulsory leave pending the completion of a formal inquiry (2) Rescinding of the PSC directive dated October 19, 2020 that sent the SG on compulsory leave to pave the way for her to resume duties (3) Retiring her on July 30, 2021 on her reaching the compulsory retirement age and (4) finalising the much-delayed formal inquiry into the SG’s conduct in terms of Public Administration Circular 30/2019 dated September 30, 2019, expeditiously.
But, the above-mentioned directives were not carried out. Therefore, Wickramasinghe had to retire on reaching the retirement age.
Having acknowledged that Wickramasinghe had found fault with the PSC for the undue delay in finalising the preliminary inquiry and reinstate her, the AAT asserted that the PSC failed to ‘exercise its discretion in a justifiable, reasonable and an objective manner.
The AAT pointed out that Senadhipathy trapped Wickramasinghe with the help of the then UNP Minister Vajira Abeywardena, who gave his phone to the Solicitor General, declaring that Senadhipathy was on line. According to the proceedings, Abeywardena received the call at a Colombo hotel while he was having dinner with Wickramasinghe and her husband. Abeywadena succeeded Ranil Wickremesinghe in Parliament as the only UNP National List MP.
The AAT questioned the failure on the part of those who conducted the preliminary inquiry to record Abeywardena’s statement or examine his phone. The AAT also noted that Senadhipathy spoke to Wickramasinghe through Abeywardena’s phone after Wickramasinghe strongly opposed the Minister’s move to invite the Avant Garde Chairman to have dinner with them at Abeywardena’s residence at Queen’s Road, Colombo 07.
The AAT stated that it had the power to take remedial measures in respect of decisions ‘tainted with error in law and fact’ taken by the PSC.
The AAT also pointed out that Wickramasinghe hadn’t initiated the call and from the outset she insisted that the recording was ‘doctored, edited and distorted.’ Proceedings revealed that AG de Livera had first listened to a tape recording that was edited at 10 places and Senadhipathy himself admitted having edited the recording but he never submitted the original to the Preliminary Investigation Committee. The AAT pointed out that the AG de Livera at the time he made a statement at the preliminary investigations based his assessment on what the AAT called an edited, distorted and unauthentic version of the recording.
Moves against Prof. Herath
Prof. Chritha Herath, former Chairman of the parliamentary watchdog, the committee on Public Enterprises has been quite conveniently dropped from the COPE. Rebel SLPP lawmaker Dullas Alahapperuma recently took up this case with Prime Minister Dinesh Gunawardena. This issue has been taken up along with the discarding of those who voted for him at the presidential contest on July 03. All of them have been dropped from ‘operating committees.’
Sri Lanka Audit Service Association (SLASA) recently requested President Wickremesinghe to re-appoint both Prof. Herath and Chairman of the Committee on Public Accounts (COPA) Prof. Tissa Vitharana. This request has been made on the basis of the performance of the COPE and COPA under the much appreciated leadership given by the two Professors.
However, in the wake of the break-up of the SLPP over differences over economic and political strategy, lawmakers Herath and Vitharana have ended up among the rebels. Prof. Herath switched his allegiance to the group spearheaded by SLPP Chairman Prof. G.L. Peiris and Dullas Alahapperuma, whereas Prof. Vitharana joined the other rebel group also elected on the SLPP ticket.
The SLASA, in its letter to President Wickremesinghe pushed strongly for the re-appointment of the two lawmakers as the heads of the two parliamentary watchdog committees. The outfit warned of efforts to undermine the overall process of bringing the watchdog committees under utterly corrupt elements.
Speaker Abeywardena should look into the accusations made by SLASA without delay. In case, the Speaker felt the outfit made a deliberate attempt to mislead the President and the Parliament, it should be asked to explain.
Prof. Herath obviously angered the powers that be by courageously pursuing investigations with the support of his committee. It would be pertinent to mention that COPE investigations depend on the disclosures made by the Auditor General’s Department. AG W.P.C. Wickremaratne participated in COPE proceedings or was represented by a senior Department official. Lawmakers Patali Champika Ranawaka and Dr. Harsha de Silva, both members of the main Opposition Samagi Jana Balavegaya (SJB) played a significant role in the examinations undertaken by COPE.
Prof. Herath’s stand at the COPE where he quite clearly antagonized the top SLPP leadership can be compared with the challenge faced by lawmaker Wijeyadasa Rajapakse during Mahinda Rajapaksa’s first term. The reaction of the political party in power to investigations undertaken by watchdog committees over the years revealed the nexus between political power and corruption at every level of the government. There cannot be a better example than the high profile Litro case that exposed the government. Litro, owned by Sri Lanka Insurance Corporation (SLIC) in 2020 hired top law firms to prevent state audit of the enterprise. Over Rs 20 mn was spent on the project. Among those who had been engaged by Litro were Romesh de Silva, PC, tasked with drafting a new Constitution and Sanjiva Jayawardena, PC, member of the Monetary Board. Under Prof. Herath’s leadership COPE took a strong stand against Litro’s move. The SLPP National List member didn’t mince his words when he questioned the rationale in a government-owned enterprises objecting to state audits. Unfortunately, the COPE obviously didn’t receive the backing it required both inside and outside parliament to fight corruption.
COPE created history in May this year when it quite clearly established the circumstances leading to the unprecedented economic fallout. Governor of the Central Bank Dr. Nandalal Weerasinghe, Finance Secretary Mahinda Siriwardana and Monetary Board members, Sanjiva Jayawardena, PC and Dr. Ranee Jayamahaha confirmed how the then Governor of the Central Bank Prof. W.D. Lakshman, Finance Secretary S.R. Attygalle, Prime Minister Mahinda Rajapaksa, in his capacity as the Finance Minister, Cabinet-of-Ministers and Presidential Secretary Dr. P.B. Jayasundera pursued a dangerous economic line.
It is a mystery why Jayamaha and Jayawardena continued to serve in the Monetary Board under successive CB Governors if they disagreed with policies pursued by them.
Against the backdrop of assurance given by President Wickremesinghe and Justice Minister Wijeyadasa Rajapakse that a new Bill would be enacted to fight corruption and fraud, it would be their responsibility as well as that of the Parliament to ensure proper functioning of watchdog committees.
In spite of the country being declared bankrupt and the vast majority of people unable to have two proper meals a day, corruption is on the march. Disclosures made by the Auditor General and parliamentary watchdog committees over the years point out that mega scale corruption takes place under the patronage of those responsible for ensuring transparency in public finance. That is the undeniable truth.
