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• Four ministers on the war path demanding immediate action against corrupt VIPs, but President pre-empts move and promises confidential briefing
• Rajitha says mole or moles in the Cabinet leaking information to Rajapaksas, says they will be thrown out
• Crime rate rising as high as flood waters

Four cabinet ministers set out on a campaign last Tuesday to pressure the Government to lay bare investigations so far into cases of bribery, corruption and other malpractices by those in the previous administration. However, their campaign ended before it really began.

The rationale behind their efforts was to make clear that assurances given to the people during the January 2015 presidential election and the August parliamentary elections in this regard remain unfulfilled. That is to bring to book those responsible, irrespective of the positions they held. The foursome — Patali Champ-ka Ranawaka (Megapolis and Western Province Development), Rajitha Senaratne (Health, Nutrition and Indigenous Medicine), Arjun Ranatunga (Ports and Shipping) and Field Marshal Sarath Fonseka (Regional Development) — had hurriedly signed a two page joint Cabinet memorandum.

Though the memo itself was not dated, it was assigned the reference number 16/084/724/037 and listed as item 18 on the agenda for last Tuesday. Usually the texts of memoranda for the Cabinet of Ministers are distributed in Sinhala, Tamil and English. However, the one from the four ministers was only in Sinhala and underscored the urgency shown by the movers. It had been included in the memoranda accompanying the agenda without the Tamil and English versions.

The Sunday Times obtained a copy of this memorandum. Here is an English translation: Joint Cabinet Paper
“An extensive report pertaining to the outcome of complaints lodged between January 2015 and January 2016 with various government institutions regarding corruption and irregularities under the previous regime

“The people voted at the January 8 ,2015 Presidential Election for a new President and for a new Government with a mandate to establish the rule of law, to completely eradicate bribery and corruption and establish good governance, establish democracy and bring about social justice in the fields of economy, society and environment and other areas.

“This mandate was further consolidated in the August 17 General Elections.
However, 16 months after the Yahapalanaya Government was set up, there is a growing suspicion among the people who came forward to bring about a silent revolution as to whether their aspirations are being fulfilled or not.
“The reason for this despondency among the public is that there has been slow progress into investigations and the failure to conclude investigations and prosecute those who we ourselves alleged, were engaged in mass scale corruption in the former regime.

“Firstly, the mass scale corruption that had taken place before January 8, 2015 has been well established statistically, both nationally and internationally and the delay in punishing those guilty has led to it being embedded in the minds of the public that this government is supportive of a continuation of such a corrupt system and that the Government is covertly working in league with the corrupt persons. Civil society activists are questioning if the process of finding the corrupt has itself got corrupted.
“Secondly, there is also a growing belief in the minds of the people that the facts relating to corruption that had taken place under the administration of the former President were only falsehoods, rumours and insults. This is becoming a challenge to the Government.

“Thirdly, there is also the possibility of the idea taking root in the minds of the people that the former president and his supporters are being subject to political victimisation in the guise of cracking down on corruption.
Already, the staunchest opponents of this Government are the most dangerously corrupt persons and their motive behind such behaviour is to raise ethical and moral questions when future legal action is brought against them. The former President is using the delay by the Government to bring about justice against the corrupt to create an opinion that he is being subject to political victimisation.

“Fourthly, there is a feeling among the people that the investigations into corruption are only a political move.
“The fifth point is that, with attention being paid to only small scale cases, large scale corruption and murders are not being investigated as it could cause inconvenience to some powerful people who support the Government while some innocent people’s reputations are being tarnished.

The ministers gunning for the corrupt VIPs of the former regime: Champika Ranawaka, Rajitha Senaratne, Field Marshal Sarath Fonseka and Arjuna Ranatunga

“The sixth, is that if this trend continues, those who came forward to expose corruption will become the subject of ridicule among the people.

“However the truth is that the economic development during the period 2004 – 2014 has not brought any improvement in the household income, but only benefited a limited number of persons according to the statistical data of the Department of Census.
“Also, the international records on financial frauds do reveal that within the ten years in question over 20 billion dollars had been illegally taken out of the country. It has also been revealed in the audits that a reasonable slab from the national assets had been plundered by this group. The burden of this has now fallen on the Government and the unpleasant action of passing on the burden on to the public and the protests over it has to be faced by the Government.

“It is most hilarious that those who are responsible for these irregularities are now speaking about the burdens being passed on to the public.
“It has been revealed that these irregularities have been carried out very systematically and therefore, the investigations are complicated. Minister Champika Ranawaka foresaw these implications of this process and submitted a Cabinet Paper dated January 21, 2015 proposing the setting up of a Special Tribunal in terms of the UN Convention on Anti-Corruption. (Annexed). Unfortunately, the proposal was not implemented.

“Hence we request that the following details be submitted to the Cabinet of Ministers.
1. The number of complaints lodged by civil society organisations between January 2015 and January 2016 with regard to misdeeds during the previous regime in different institutions. What is the legality of these charges as well as the legal action taken against the cases where relevant?

2. What is the progress of investigations into corruption including institutions affiliated to the Sri Lanka Police, the Commission to Investigate Allegations of Bribery or Corruption and the progress made into complaints lodged?

3. A detailed account of the action taken by the Attorney General’s Department regarding such cases.

“We propose that following this, a collective decision be taken to expedite the process in order to get justice.”
Just three days ahead of their effort, word had leaked that the four ministers were on the ‘war path’. Yet, those who learnt of the move had little or no knowledge of what the memorandum would contain. Some feared it would lead to a change of investigators. Others feared their cases which have been on hold would soon see the light of day. Hence, there was frantic activity. A few senior Police officers involved in the investigations met UNF Government leaders to explain their position and to counter what they perceived were allegations of their succumbing to bribery and corruption. A few even spoke with some ministers who were signatories to the memorandum to plead their case. Making matters worse were remarks by a top Police official during a conference on Monday that by evening next day some changes could be expected. He was miffed that at least one key investigator had not backed him to win a higher post and therefore sought to remove him from his assigned job. Thus, those privy to the behind-the-scene developments waited in awe for Tuesday’s ministerial meeting.

Just as the meeting began at the Presidential Secretariat, President Maithripala Sirisena launched what appeared to be a pre-emptive strike. Before the day’s proceedings began, he said that the meeting was not the appropriate forum to discuss the issue. He was making the point that there were sensitive issues that had transpired in some investigations and a discussion at that meeting would only see matters leaking out. Pointing out that he was aware of the outcome of important investigations, he said he would provide an opportunity for the four to be briefed. Prime Minister Ranil Wickremesinghe concurred. He said arrangements for the purpose could be made in consultation with the Attorney General’s Department.

It was Minister Ranawaka who chose to immediately respond. He noted that there were various excuses being given as reasons for not indicting those responsible for bribery, corruption and other malpractices. He was to cite the case where allegations against Gamini Senarath, then Chief of Staff of former President, had been probed. While no action has reportedly been taken though initially matters have been reported to courts, he alleged that his (Senarath’s) driver, who had made a statement against Senarath, had been arrested after a complaint that he robbed ten million rupees. It was this driver who had claimed that he transported gunny bags full of cash for work related to the Presidential election last year. Ranawaka alleged that the driver had now been branded as a Tiger guerrilla suspect and detained thereafter. It was a lawyer from the Frontline Socialist Party (FSP) who had obtained his release.

Foreign Minister Mangala Samaraweera intervened to say it was not fair to blame the Police. He said there were serious legal constraints that would have to be taken into consideration. Minister Rajitha Senaratne echoed his colleague Ranawaka’s sentiments. Minister Daya Gamage, businessman and one of the major financiers of the United National Party (UNP), broke in to say “don’t blame anyone.” He told Ranawaka, “you are not constructive.” Law and Order Minister Sagala Ratnayake declared that he would soon receive reports on the exact status of different investigations.

President Sirisena’s ruling not to discuss the ongoing investigations at the ministerial meeting appears to be a very wise move. Recently, he chaired a meeting of select ministers and senior Police officials to discuss matters related to ongoing investigations into bribery and corrupt practices by leaders of the previous Government. He was to learn that former President Mahinda Rajapaksa, who had called on Most Venerable Warakagoda Gnanarathana, the new Maha Nayaka Thera of the Asgiriya Chapter, later made remarks to reporters there. He had recounted in detail what transpired at the previous day’s meeting chaired by Sirisena. It has come to light that a minister, a mole in the Cabinet, had leaked all the information to the former President, with whom he had close ties.

Minister Rajitha Senaratne, official Government spokesperson, alluded to this at a news conference last Friday. He said a few ministers from the Cabinet were sabotaging the anti-corruption drive of the Government. “Certain ministers would do whatever they could to scuttle the ongoing investigations against corruption, money laundering, frauds and embezzlement that allegedly took place under the Rajapaksa regime,” he said. He declared, “one minister has put our efforts in ex-President Rajapaksa’s ear and the following morning Rajapaksa disclosed the contents in the Cabinet paper and added there was a move to arrest him along with son Namal and brother Basil. This is treachery on the part of this minister. President Sirisena is aware of the double dealing of this particular minister and few others. They will be removed from the Cabinet shortly with others whose performance has been nil…..”

There is a mixed bag of reasons why, contrary to the pledges made by the Government, there is an inability on its part to ensure those accused of bribery, corruption and other malpractices are brought to book. Without doubt the political “old boy” connection or the friendly links some of those facing allegations have with those in key positions, the Sunday Times found, has played a role in some instances. Investigators and prosecutors being told that they should be more than three hundred per cent sure in such cases has in turn compelled them to go into minute details thus delaying the entire process. Similarly, the “old boy” network was at play within the different arms of the Police responsible for investigations where maximum possible delays had been allegedly allowed to occur. Interested groups, wealthy and influential, were also using the latter network.

Other than that, there have been inordinate delays in the Attorney General’s Department. A joke by a senior Cabinet Minister perhaps aptly illustrates the situation. “Yuvanjan, you are forgiven. Please come back,” he said referring to the previous Attorney General. Yuvanjan Wijayatilake was pilloried by some government politicians and civil society groups for the prolonged delays in indicting those from the previous administration. He, in turn placed the blame on the Police for delaying or not forwarding adequate evidence on which indictments could be filed. The AG’s department goes on the premise that there should be substantial evidence for a “probable conviction’. In an oration he delivered at Ananda College, his alma mater, shortly before his retirement, the former AG hit back at the politicians making accusations against his department sarcastically saying that the AG does not file indictments based on rumour. His successor Jayantha Jayasuriya and his senior officials have now come in for similar criticism for the prolonged delays with the Police deftly saying that they have sent 42 files to the AG.

Minister Ranawaka told a civil society group recently that Sri Lanka’s people who were assured of action “are blissfully unaware of what is going on.” The AG’s Department is passing the buck to the Police and in turn the latter is blaming those responsible for prosecution, he said. He claimed that he had concrete information that a Criminal Investigation Department (CID) officer received five million rupees to suppress an investigation. But the minister did not reveal the name. He said some Police officers who were holding key positions were those who were favourites of the previous administration and alleged they did not want investigations to proceed. He said the Government should also see how delays occur at the Attorney General’s Department.

One of the investigating arms that came in for strong criticism was the Financial Crimes Investigation Division (FCID). However, in a report the FCID has forwarded to both President Sirisena and Premier Wickremesinghe, it has pointed to the 42 investigations that have been completed and forwarded to the Attorney General’s Department since April last year. Of this number, the FCID has pointed out, that the Department’s advice came only on a meagre four cases. Others were still pending.
In the 42 cases where investigations were concluded, the FCID had earlier reported matters to the relevant court and started investigations. Thus court records bear the names of those being probed and carry the reference numbers issued by the Attorney General’s Department. The four cases on which the FCID has obtained advice so far are:

1. Probe into deposit of Ceylon Electricity Board funds in People’s Leasing Company. The leasing company had paid commissions accruing to CEB to a third party. Amount involved Rs. 642 million. Facts reported to High Court 2, 4 and 3 in Colombo. AG’s reference – 2015.4.2015 CR5/04/2015. Persons named Kithsen Sanjiva Bandaranayake, Wengappuli Arachchige Prasanna, Udanuwara Kingsley Chandana Gunawardena and Wellawatte Arachchige Duminda Chaturanga Silva.

2. Receipt of five million rupees by Tharuniyata Hetak from the Securities and Exchange Commission. Facts reported to High Court HC8133/15/6. Reference issued by the AG’s Department 2015.08.28 CR5-26/2015. Persons named Nalaka Harshajeeva Godahewa, former head of Securities and Exchange Commission, Gajaweera Arachchilage Dhammika Mantira Perera, Deputy Director General and Mohamed Naufel Ibrahim Ronnie Ibrahim (Sports Director of Tharuniyata Hetak).

3. Telecom Regulatory Commission funds amounting to Rs. 600 million being used illegally to provide Sil cloth to clergy. High Court 5 Case No SC80264201. AG’s Department reference 2015.04.27 CR5-06/15. Those named Lalith Chandrakumara Weeratunga and Vithana Pelpitakoralage Anusha Pelpita

4. Printing of Litha (Almanac) with funds from the Divineguma Development Programme. Amount involved Rs. 204 million. Violation of election laws and the use of these funds illegally. HC 6 8122/15. AG’s Department reference 2015.04.21 CR/05/15. Names listed: R.A.A.K. Ranawaka and Basil Rohana Rajapaksa (former Economic Development Minister).
Among the 38 investigations concluded but where no instructions have been received from the Attorney General’s Department to the FCID are:

The leasing of 33 vehicles by People’s Leasing Limited to Cosmic Construction (Private) Ltd. The leasing company did not recover fees for eight to ten years and did not seize the vehicles either. Nor has the lessee paid the amounts. Facts reported to Magistrate’s Court, Fort. B472/15. AG’s Department reference 2015.05.20 CR5/08/2015.
Person named Sajin Vass Gunawardena, Gamini Sedera Senarath, Kuttakanda Vidanalage Nihal Jayawardena and Navasiyam Vasantha Kumara.

Two super luxury buses for use by the Ministry of Foreign Affairs. Worth Rs. 35.9 million (registration numbers WP NB 6767 and WP NB 6768) purchased from People’s Leasing Company. No lease payments were made. Facts reported to Magistrate’s Court, Colombo B 900/1. AG Department’s reference 2015.05.29 CR 5/15/2015. Persons named Shashindra Rajapaksa, Sajin de Vass Gunawardena and Brigadier Henaratnage Damitha Gomin Ranasinghe.

Rs. 282 million had been obtained on lease from People’s Leasing Company to purchase 66 vehicles for the Presidential Secretariat above the then prevailing market price. Facts reported to High Court 2 B25403/2/15. AG’s Department reference 2015.07.06 CR5/25/2015. Persons named Amerasinghe Lekamge Don Gunarathne and Lalith Weeratunga.

Then Western Province Chief Minister Prasanna Ranatunga allegedly sought Rs. 64 million as inducement and allegedly received Rs. 15 million. Threatening a person demanding the balance. Facts reported to Fort Magistrate’s Court B1713/15. AG’s Department reference 2015.11.19 CR5/42/ 2015. Persons named Prasanna Ranatunga, Maureen Stella Ranatunga, Naresh Kumar Fari and Christina Shivanthi.

Fraud in the conversion to digital system of television and communications equipment from Japan amounting to US dollars 130 million under Japanese aid. The equipment is said to be worth only five million dollars. AG’s Department reference 2015.10.19 CR5-36/15. Persons named Lalith Weeratunga, Keheliya Rambukwella and Anusha Pelpita.

Misuse of Government funds amounting to Rs. 48 million. AG’s Department reference 2015.11.07 CR5-39/15. Names listed: Raja Edirisuriya, former Chairman, State Engineering Corporation and Shiranthi Wickremesinghe Rajapaksa.

Violation of court instruction in re-vesting in the Government the Sri Lanka Insurance Corporation – AG’s Department reference 2015.12.17 CR5/43/15. Name listed P.B. Jayasundera

Printing of diaries and calendars for 2015 with Government funds exceeding Rs. 14 million. AG’s Department reference 2015.12.16 CR05/44/15. Names listed then Minister Wimal Weerawana and his then Ministry Secretary C.H. Wimalasiri Perera.

Funds of the Divineguma Development Fund amounting to Rs. 1.7 billion had been obtained without Treasury approval to pay compensation and gratuity to workers retiring. Facts reported to the Kaduwela Magistrate’s Court 9557/15. AG’s Department reference 2015.04.07 CR5/01/15. Names listed Basil Rohana Rajapaksa, R.A.A. Ranawaka, Yaddehige Nihal Jayatilleke and Ratnayake Palliyage Bandula Tilakasiri.

=Payment of legal fees amounting to Rs. 5 million from the Kotte Muncipal Council funds for a private case involving Mayor Janaka Ranawaka. Facts reported to Magistrate’s Court B/325/25/15. AG’s Department reference CR5/29/16.

Ahead of last Tuesday’s ministerial meeting, President Sirisena who had only just returned from visits to Britain and India met Premier Wickremesinghe and Finance Minister Ravi Karunanayake. They discussed the financial situation in the country. One topic was the visit to Colombo by an advisor of Japanese Prime Minister Shinzo Abe who will be playing host to Sirisena when he arrives in Japan for events on the sidelines of the G-7 summit. The Sri Lankan President will be accompanied by Karunanayake and Foreign Minister Samaraweera. During an earlier meeting with Sirisena, Premier Abe had assured enhanced economic assistance to Sri Lanka. It is to be in the form of development loans for education, agriculture and other areas.

The trio also discussed the rains which had led to flooding and landslides. Reports of different incidents and the measures being taken appear elsewhere in this newspaper. Sirisena gave the go-ahead to a recommendation by Premier Wickremesinghe for more bond issues. It is to borrow money for longer periods at lesser interest, said an official privy to the discussion. It has been agreed that all such financial matters, once finalised, should be made available to the Cabinet of Ministers and to Parliament following the nagging controversy on the Central Bank Governor’s role in the issue of bonds. The Bribery and Corruption Commission began an inquiry against him last year but the probe has vanished like the MH370 flight.

Meanwhile, Sirisena was due to board an Air Force flight, despite inclement weather conditions that Tuesday to be on hand for ceremonies connected with the presentation of Aktha Pathra (Letter of Appointment) to the new Mahanayake of the Asgiriya Chapter. However, he made sure that the items listed on the agenda for the ministerial meeting were complete ahead of that.

The havoc caused by rains and the resultant floods will, no doubt, add to the Government’s woes. Widespread criticism that there was no visibility in the Government’s flood relief efforts was later overcome. The Joint Opposition was quick to say that this was a ‘deva-kopaya’ against the Government for not holding a Victory Day parade to commemorate the defeat of the LTTE by the Armed Forces, but Premier Wickremesinghe shot back to say that the floods were the result of the Joint Opposition breaking coconuts and cursing the Government recently.

President Sirisena spoke out on the measures being taken. Premier Wickremesinghe addressed a news conference and later asked Foreign Minister Samaraweera to brief the Colombo based envoys and seek international assistance for flood relief work. There were quick responses from different countries including India, the United States of America, China, Nepal and Australia.

When the flood waters recede, it will not only lay bare the problems of those affected. It will also reveal the enormity of the rehabilitation work the Government would have to undertake as prices of essential food commodities skyrocket due to the increase in VAT. Those twin issues, no doubt, will be a bigger concern for the Police as the crime rate keeps galloping and even marooned people were afraid to leave their homes fearing their belongings would be stolen. That the Special Task Force and Police personnel had to be deployed to reassure these people that their properties will be protected at gun-point was a sad reflection on the country’s rising water-levels and rising crime rate.