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2nd April 2000

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AG's advice sought on cough syrup case

By Faraza Farook

The Drug Regulatory Authority (DRA) has sought the advice of the Attorney General on withdrawing the licence of a private company that was involved in the alleged sale and re-labelling of an outdated cough syrup, authoritative sources said.

With allegations rife that a large quantity of Flemnil cough syrup has been imported by Harcourts Ltd., the DRA has sought the advice of the Attorney General to withdraw the licence to import drugs until investigations are over.

The case has also been handed over to the CID to investigate the alleged re-labelling of an expired drug, health officials said. Meanwhile samples of the cough syrup have been sent to the Government Analyst and the Quality Control Authority to test the toxicity of the drug.

Flemnil is said to have been imported, re-labelled and marketed by Harcourts Ltd. However, Harcourts Chairman Ahmed Rheyas refuted charges of having re-labelled and sold expired drugs. He said, the drug was awaiting registration from the DRA but was not a banned or toxic drug. "The Flemnil liquid cough syrup that has been smuggled by various couriers were those found in the market," he said.

On a raid conducted by the CID and Food and Drugs inspectors at Harcourts stores in Ratmalana, around 60 sample bottles of Flemnil cough syrup (60 ml. each) had been recovered, DRA officials said. In addition, officials recovered several other drugs under different brand names such as Flemnil capsules, Doxycilene (antibiotics) etc.

Around 70 bottles of Flemnil (in 120 ml. bottles) that was for sale has been recovered from the Trincomalee district, while in Kalutara some 20 bottles were found. At least 140 bottles have been recovered in the raids conducted so far.

The sale of this unregistered, date-expired drug was first brought to public notice by the Independent Medical Practitioners' Association's (IMPA) President Dr. B.G.D. Bujawansa. He alleged that Harcourts was the importer of the drug but later apologised for any damage it may have caused stating that he had insufficient evidence to prove that the drug was re-labelled here. Moreover, the Sri Lanka Medical Council reported that Dr. Bujawansa received phone calls threatening acid attacks on him.


Why the censure, Mr. Censor

The Government Information Department has not responded to a Sunday Times request seeking clarifications on the censorship regulations.

The Sunday Times has sought clarification from Information Director Ariya Rubasinghe after he wrote to the newspaper claiming the regulations related to the censorship had been violated by the publication of a story about a woman being stripped for a security search on a main road.

Mr. Rubasinghe claimed that the regulation had been violated by referring to the conduct of the security forces.

The Sunday Times wrote to Mr. Rubasinghe to ascertain whether all material referring to all statements pertaining to the official conduct of any member of the Armed Forces or the Police Force 'in the preservation of national security' must be submitted to him for approval prior to publication.

This has not been the practice. For instance, when the Rajagiriya suicide-bomb attack took place on March 10, all newspapers and TV stations, including the state media did not submit material for his approval. The Sunday times also asked whether there was any particular reason to be selective in interpreting and/or applying Emergency Regulation No. 1 of 1998 against the newspaper.

The letter was re-faxed to the director this week, but no reply has been received.


Transport Board won't drop case

The North Colombo Regional Transport Board (NCRTB) has turned down an offer by former Air Chief Oliver Ranasinghe to come to an out-of-court settlement regarding the case of the alleged assault of a bus driver recently.

The board also rejected a proposal that the matter be referred to the mediation board for a settlement and said it wanted to contest the case.

In the case the former Air Force Chief and his driver have been accused of assaulting the bus driver after Air Marshal Ranasinghe's daughter's vehicle was involved in an accident.

The case was taken up at the Colombo Magistrate's court on Wednesday.

The ex-air chief was not present in courts and had submitted a medical certificate to explain his absence.

Meanwhile, two weeks earlier two unidentified persons had called over at the residence of the driver in Kalutara and told him not to proceed with the case.

The ex-Air Force Chief and his driver were released on Rs. 50,000 bail each by the city magistrate when they were produced before courts for the alleged assault lasat month. The case has been fixed for May 31.


Grant celebrates 42nd birthday

Grant McCann-Erickson, a leading international advertising agency in Sri Lanka and winner of seven gold awards at the recent SLIM awards, celebrated its 42nd anniversary yesterday.

As part of the anniversary celebrations, a get together programme has been organised for employees and their families at the Millennium Park.

Entering the 42nd year, the agency says it has plans to strengthen all the areas of operations which would involve major investments in technology and training. The setting up of a dedicated intranet site, lease lines and comprehensive computerisation are in line.

Grant Advertising Agency entered into partnership with McCann-Erickson Worldwide in 1993. Today, in Sri Lanka, the agency services more than 40 prestigious local and multinational clients in diverse industries.


Court to hear Brigadier's contempt petition

By Ayesha R. Rafiq

The contempt of court petition filed by Brigadier Parry Liyanage against the Defence Ministry's refusal to grant his promotion despite a Supreme Court order to that effect will come up in court on May 5.

Notice has also been issued on the respondents, Defence Secretary Chandrananda de Silva, Commander of the Army Srilal Weerasooriya, General Rohan Daluwatte and the Attorney General.

Brigadier Liyanage was denied his promotion that was due in December 1997 due to his suspension from service owing to a court case against him involving the Embilipitiya kidnap and murder case. He was however later acquitted of all charges.

He was recruited at work as the Quartermaster General at Army Head Quarters in March 1999 and the Army Commander sent a letter to the Defence Ministry recommending his promotion to the rank of Major General. He was, however, not granted his promotion while he submitted that five officers junior to him were granted their promotions.

In June last year the brigadier filed a fundamental rights case in the Supreme Court alleging a violation of his rights and in November last year the Supreme Court ruled that the Army Commander's recommendation of promotion be implemented, and that the brigadier be paid Rs. 50,000 compensation and Rs. 5,000 as costs by the State.

The Sunday Times learns Brigadier Liyanage last month received a letter from the Military Secretary Brigadier K.J.N. Senaweera dated February 24 which stated 'you are hereby informed that Her Excellency the President has made order regretting that she cannot agree to the recommendation made by the Commander of the Army to promote you to the rank of Major General. In view of the above decisions of Her Excellency you are hereby deemed to have retired from the Regular Forces of the Army with effect from July 1 1999'.

He was also asked to hand over his functions as Quartermaster General to Major G.S.C. Fonseka. In addition the compensation ordered to be paid to him has still not been paid.

Brigadier Liyanage has submitted that the Supreme Court made an order that must be respected, implemented and executed by all organs of Government including the Executive and the Army Commander.

He submitted that the decision not to grant his promotion is disobedience to the Authority of the Court and violative of the sole and exclusive jurisdiction of the Court to hear and determine any questions arising out of infringement by executive or administrative action and to grant relief. In his petition he has submitted that this disobedience and direct violation of the order amounts to contempt of the Supreme Court.

He has requested the Court to make an order fit to uphold the Constitution and safeguard the sovereignty of the people, to make order to promote him to the rank of Major General and to pay the compensation due to him.

Brigadier Liyanage said that while he is deemed to have retired by July 1, 1999, he however functioned as QMG until February 23 this year and has also since July last year sat on several boards and been a signatory to their decisions. He said that if he is deemed to have retired by July 1999 it may bring the validity of the decisions and reports of the boards he has since sat on into question.


'Enhancing regional and global peace'

By Hiranthi Fernando

The fourth biennial meeting of the Worldwide Consultative Association of Retired Generals and Admirals (WCARGA) came to a successful conclusion on Friday with the signing of the Colombo Declaration by the delegates.

The discussions at the meeting were focused mainly on ways and means of enhancing regional and global peace and security with special emphasis on the changing role of the military in the global sphere.

In the Declaration, the delegates agreed to support efforts to redress the increasing poverty gap in many countries, through education, healthcare, housing and better governance. While acknowledging that terrorism is a scourge and a serious challenge to civilisation, the need to encourage initiatives in conflict resolution based on a search for the underlying causes of the conflicts was also accepted. Peace keeping, peace making and peace building together with the training and re-orientation of the military were also to be encouraged as well as participatory development between regions.

In the global sphere, the Declaration reaffirmed support for initiatives of the United Nations and associated organisations working towards a more stable community. Support for the search for peaceful settlements of international disputes and transparency in the arms trade was set out. The conference also expressed its support for the creation of zones free of weapons of mass destruction in the Middle East and Southern Asia and the prevention of the spread of these weapons. The delegates also pledged their support for joint programmes in mine clearance including those along borders.

The establishment of conflict prevention centres, concentration on environmental programmes and inclusion of peace in the school curriculum were some of the other features of the Colombo Declaration.

It was agreed at the conference to inaugurate a new award titled New Initiatives in Co-operation for Peace on or before 14th September 2000, the day marking the International Year for the Culture of Peace. This Award would go to military units or establishments and not to individuals. It was felt that the efforts of the military towards peace keeping and peace building should be encouraged and acknowledged.'None of the peace awards currently awarded bring into the arena the contribution of the military', said David Wardrop, Administrator of WCARGA.


Health reforms going ahead sans approval

The validity of the report of the Presidential Task Force on Health is being questioned by members of the Task Force who say that the final report had not been signed by them, though parts of it are being implemented by the government.

They say that it has been passed sans the approval of all its members.

"Some members of the Task Force, including myself, have not signed the report," Dr. Lucien Jayasuriya said. He said that even the contents of the report has not been made known to them by the Ministry of Health although implementation of the recommendations are already under way, according to the Ministry.

Prof. Tissa Vitharana, Advisor, Ministry of Health and Indigenous Medicine was also not pleased with the manner in which the matter was handled.

The proposals for reform in the health sector by the Presidential Task Force had been forwarded to a special unit established in the Ministry to oversee the implementation of reforms, members of the Task Force have been informed. It was suggested that consensus should have been obtained from the different stake holders before the implementation process started, which, however, was not obtained.


No jobs for the boys, complain govt. MPs

By Dilrukshi Handunnetti

Several government legislators are determined to make representations to the President over not receiving their quota of government jobs causing embarrassment to them in their respective electorates, PA sources said.

Several parliamentarians, unhappy over their inability to provide employment to party supporters in the public sector for the past three years excepting the Samurdhi and Govi Niyamaka appointments have resolved to explain their difficulty to campaign in their respective villages after failing to meet the constituency's job demands.

PA sources maintained that the issue has been discussed with several Cabinet ministers seeking redress from a difficult situation, to no avail. However, the members were full of praise for the Samurdhi movement which provided immediate employment to at least 2,000 people in the area where as so far most of them have not been able to provide employment to a single person in a government department or a corporation.

Meanwhile, the potato issue has resurfaced with a PA parliamentarian protesting to President Chandrika Bandaranaike Kumaratunga over the discrepancies in purchasing potatoes by 'Sathosa' outlets in the Central Province.

Nuwara Eliya parliamentarian C.B. Ratnayake has protested to the President that the outlets were purchasing potatoes at different prices and due to lack of uniformity in the price structures, Nuwara Eliya cultivators were at a distinct disadvantage.

He has also alleged that potatoes were being purchased at Rs. 30 in the Badulla district while the best potato producing Nuwara Eliya had to make do with a paltry Rs. 22 or less.

He has also urged a meeting of the Agricultural Ministry consultative committee to discuss the plight of paddy farmers and potato cultivators who have been hit hard due to the food importation policies and marketing deficiencies. Meanwhile, several other government politicians have individually expressed the problems in their respective electorates.


AG to rule on S.B. Dissanayake

By Ayesha R. Rafiq

The Supreme Court has asked the Attorney General to draft a rule to be issued against Minister S. B. Dissanayake on charges of contempt of court.

Legal sources said recommendations by a three-judge panel which studied Mr. Dissanayake's recent statements had been submitted to the Attorney General and the Chief Justice would nominate a three-judge bench to hear the case once the rule was filed.

The developments on Friday marked the crucial point in the controversy which erupted on February 26 when Minister Dissanayake in a speech to architects reportedly said Parliament and courts would be closed down if the government did not get a two-thirds majority to implement constitutional reforms.

Amidst a major row, Chief Justice Sarath Silva appointed a panel comprising Justices A.R.B. Amarasinghe, R.N.M. Dheeraratne and S.W.B. Wadugodapitiya to study whether Minister Dissanayake should be hauled up on contempt charges.

The panel was nominated on a request made by all the Supreme Court judges. Mr. Dissanayake later apologised to the Supreme Court, but he repeated the statement at an Embilipitiya meeting early last month, while some cabinet ministers have backed Mr. Dissanayake's right to the freedom of expression.

The minister's speech was first reported in The Sunday Times of February 27. At the request of the Supreme Court, the newspaper submitted a tape recording and an affidavit on the speech. Similar affidavits were also sought and obtained from other newspapers.


Blunder was blessing

Three vehicle importers from the Central Province have successfully made use of a government blunder where duties were relaxed for three working days for the import of used vehicles for the purposes of the transport of goods, The Sunday Times learns. Last week The Sunday Times in its lead story reported that a March 1 circular issued to banks by the Import Controller, allowing the duty-free import of seven-year-old vehicles was revoked three working days after by another circular dated March 6.


Let them go, says TULF

The TULF said yesterday some 5000 civilians were trapped with little food and medicine in Pallai as a result of the ongoing fighting.

In a letter to President Kumaratunga, the party asked her to order that these civilians be allowed to leave the area.


Families of PoWs to decide today on death fast

By Shelani de Silva

Family members of the soldiers in LTTE custody will meet today to decide on a fast unto death protest in Colombo if the Government fails to send an official to the North by April 13.

Last week crew members of the 'Mission' ship in a letter to President Chandrika Kumaratunga stated that they will commence a hunger strike if the Government fails to send an official. This move follows the deadline given by eleven soldiers to recommence the hunger strike. However the Government is yet to give a definite answer to the families despite four parliamentarians volunteering to go to the North.

President of the association of relatives of servicemen missing in action E. P. Nanayakkara told The Sunday Times that the hunger strike will be carried out only by the families.

'We won't force any person to take part. If the family members want to start a fast we will support them. The organisation has informed family members of the civilians and the soldiers of the meeting' he said. He added that the Government is not interested in sending an official instead prolonging the issue by giving excuses.

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