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Fraud and malpractice on giant scale to be exposed by Commission
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 Chairman 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 Director-General Wasantha Jayaseeli Kapugama.