Protecting
the auditor
The summary ease with which an "acid" punishment was dealt
out to Central Province's Chief Auditor H.M.L. Arambewela last week
as reward for fighting against corruption in a provincial ministry
is horrifying for many reasons.
In the first
instance, it illustrates the impunity with which these acts of deliberate
savagery are being carried out by individuals, whom auditors allege,
are officials working in those same ministries who want the audit
investigations stopped. Secondly, the acid attack on Mr Arambewela,
which has left him fighting for his life with total damage of his
left eye and extensive damage to his lungs and liver, does not appear
to have excited any noticeable degree of public comment.
Though audit
officers picketed during the week and police investigations are
continuing, this seems the sum total of all that has resulted in
our conscience dead society.
Meanwhile, one individual lies in hospital with his life in ruins
because he was more courageous than most. One wonders what the moral
of this story is. Quite apart, that is, from the well known fact
that in Sri Lanka individual integrity has become highly expendable,
deserving only a stray newspaper headline.
Particular aspects
about what happened to Mr Arambewela are startling in their impact.
Indeed, they are matters on which public agitation should focus
as a textbook illustration of what is wrong with our country. Mere
apprehension of those who threw the acid at him, if indeed they
are ever apprehended is wholly insufficient. It is only in this
manner that the cycle of impunity can be arrested so that at least,
what happened to Mr Arambewela will operate as some kind of a deterrent
in the future.
Mr Arambewela
was investigating particular frauds in the Provincial Education
Ministry which amounted to nearly 40 million rupees in total, including
defective purchases and bribes paid to officers.
These were irregularities
which had bypassed the internal auditor of the ministry and indeed,
had been taken cognizance of by the Public Accounts Committee (PAC)
and in regard to which the Chief Education Secretary and the Provincial
Education Director had been noticed to appear before the PAC this
coming week.
Mr Arambewela
had also been forthright on the question of wholesale abuse of state
vehicles during the December elections However, despite these irregularities
being brought to the attention of the Ministry and above, punitive
action was slow in coming.
On the contrary, officers who had been interdicted received reprieves
with one officer reinstated (despite pending inquiry) and others
sent on retirement. Auditors have identified these investigations
by Mr Arambewela as the root cause for the specific attack on him.
Even more astonishingly,
it is reported that a high official in the ministry had instructed
staff not to release files or information to audit officers without
his permission. Meanwhile, despite Mr Arambewela receiving threatening
phone calls prior to the attack and despite a specific request for
police protection, this had been disregarded, leaving him wholly
vulnerable to the attack. The questions therefore are many.
How was it that
officials who had been interdicted for corruption had been reinstated
or retired? Whence this direction by a "high official"
not to release information to audit officials, effectively subverting
the purpose of an audit inquiry? Why was it that no notice was taken
of the complaint made by Mr Arambewela despite the highly sensitive
context in which that complaint was made and should not the OIC
of that station take personal responsibility for such?
In the ultimate
analysis therefore, it is not only those depraved individuals who
actually threw the acid who ought to be caught and punished but
all those along the line whose omissions as well as commissions
led to this man being punished for trying to do his job well.
Meanwhile, the
incident and the events leading up to it illustrates the great disparity
in Sri Lanka between the law and the reality and in addition, particular
defects in the law relating to the office of the Auditor-General
itself. The Auditor-General is given special sanctity by the Constitution
and the powers relative thereto in ensuring financial probity are
set out in specific detail.
A number of
financial regulations, in addition, lay down procedures relating
to the control of public finance. The audit of accounts of the central
government and the provinces rests with the central government and
necessarily with the staff of the Auditor-General. These officers
are given power to have access to all books, records and returns
and are entitled to be furnished with information and explanations
that are necessary for the performance of duties and functions.
The Auditor-General
is required to report to Parliament on the performance and discharge
of these duties and functions within ten months after the close
of each financial year.
The constitutional
provisions and the procedures laid out in the financial regulations
appear, at first glance to provide substantive protection to officers
of the office of the Auditor- General. The regulations specify that
all chief accounting officers and accounting officers should ensure
that every assistance is given to audit officers and see that audit
queries are not only properly investigated but also that defects
are promptly corrected. Where an audit officer raises audit queries,
it is provided that at least an interim report should be prepared
if a final reply is not immediately forthcoming.
An officer meanwhile is made personally responsible for any loss
caused to the government by his or her own delay, negligence, fault
or fraud and is requited therefore to make good that loss. It is
important that the regulations state that if the Auditor General's
Report reveals any financial irregularity on the part of a public
officer, then it is mandatory that disciplinary action is taken
against such officer by way of a formal inquiry with or without
a preliminary investigation as the case may be.
It is also provided
that the internal audit units should operate independently of the
ministries and departments. The one continuing lacuna appears to
be however that the law and the regulations do not prescribe adequate
punitive punishment for public officers who fail to attend audit
inquiries or refuse to divulge necessary information. Regardless,
this is the theory which sets out a sufficiently impressive financial
regulatory regime.
In what happened in the Central Province Education Ministry however,
we see the exact converse of whatever safeguards that exist taking
place.
The end result was that a senior representative of the Auditor-General
had acid thrown at him in Kandy last week despite this constitutional
protection of the office that he was representing while a police
complaint that he made regarding possible threats on his life did
not receive much attention. As this column is written therefore,
Mr Arambewela who is a familied man with two daughters, is engaged
in his own intensely personal struggle for life. Compared to the
law and to the Constitution, this then, is the overriding injustice.
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