News - Three Judges to probe arms deals

A three-member Commission comprising Supreme Court judges has been appointed by President Mahinda Rajapaksa to probe defence procurements and services obtained by the military during a five-year period beginning from 2000.

This Commission appointed under the Commissions of Inquiry Act is headed by Justice Shiranee Tilakawardane and includes Justices N.K. Udalagama and N.E. Dissanayake.

Another one-man Commission of Inquiry comprising Supreme Court Judge Gamini Ameratunga was earlier appointed to probe procurements of high value weapons, military equipment, material and services obtained by the Sri Lanka Navy between 2001 and 2005.

This was the period when the present Chief of Defence Staff Daya Sandagiri was the Navy Commander.

This Commission had heard public representations until April 17 and The Sunday Times learns it was now collating the evidence received and thereafter would fix dates for the start of a formal inquiry.

Many senior navy officers have requested assurances against possible reprisals since Admiral Sandagiri -- even despite serious allegations against him -- continues to function as Chief of Defence Staff, the topmost position in the nation’s security establishment.

The Sunday Times learns that this matter is now receiving the attention of the Government at the highest levels.
Edmund Jayasuriya -- a retired senior officer of the Sri Lanka Administrative Service -- will function as Secretary of both Commissions of Inquiry and he told The Sunday Times that the two Commissions would conduct its sessions in camera.

The three-member Commission of Inquiry has been mandated to probe the procurement of high-value weapons, military equipment and services by the Army, Navy, Air Force, Police and other agencies.

Of particular significance would be the probe into the period between 2000 and 2002 – this is in the aftermath of the military debacles of 1999 -- when according to allegations a series of questionable military procurements were made. But since 2002 when the ceasefire agreement between the government and the LTTE took effect, the volume of procurements was much less.

The period being probed by the two Commissions of Inquiry covers the tenure of office of President Chandrika Bandaranaike Kumaratunga when she was also Defence Minister and Commander-in-Chief of the Armed Forces.
Following are the terms-of-reference of the three-member Commission of Inquiry:

Was there a proper documented procedure followed to appraise and identify the need to make the relevant procurement, and what were the modalities of the said procedure?

Was due approval obtained from the proper Approving Authority for the relevant procurement?

What were the modalities of the tender procedure followed for the relevant procurement?

Have the guidelines on government tender procedure been followed to ensure a transparent, expeditious and financially and qualitatively advantageous transaction on behalf of the government.

If the said guidelines have not been followed, in what manner were they deviated from, were there legitimate and compelling objectives which justified such deviation and were those objectives achieved?

Have there been any instances where duly awarded tenders been cancelled or suspended and if so, on whose authority were such tenders cancelled or suspended and were there legitimate and cogent reasons for such cancellations or suspensions?

Was there a proper documented inspection procedure followed, prior to shipment and/or confirmation of Letter-of-Award, to appraise the relevant weapons, other military equipments and materials as to age and condition of the product and/or capacity to provide the relevant services and what were the modalities of the said procedure?

What were the observations/recommendations of the Inspectors, were they given effect to and if not, were there legitimate and cogent reasons to override the said observations/recommendations?

Were the Contracts and/or Agreements entered into for the relevant procurement subjected to proper scrutiny and/or expert advice to ensure optimum advantage to the Government in areas including age and conditions of product, warranty, training, technical support, after sales service and conformity with government expectations and requirements?

Was there a proper documented testing procedure followed, prior to disbursement of funds, to appraise the relevant weapons and other military equipments as to age and condition of the produce and what were the modalities of the said procedure?

What additional safeguards were employed to ensure that the procurement was in conformity with government expectations and requirements and/or the contracts/agreements in respect of age and condition of the product and were those safeguards stringently applied?

Were all possible steps taken by the approving authority and/or other officers/officials involved in the relevant procurement to effect the most financially and qualitatively advantageous transaction on behalf of the government?

Identify and quantify any loss or damage caused to the government as a result of the relevant procurement, if any, and recommend possible means of recovering the same.

Identify officers and/or officials responsible for any loss or damage caused to the government as a result of the relevant procurement due to negligence and/or dereliction of duty and/or impropriety and/or bribery or corruption.

Identify any shortcomings and/or flaws in the procurement process and recommend measures to remedy the same.

The three-member-Commission will receive written public representations until June 9. Its office is located at Room No 2 -- 114 Bandaranaike Memorial International Conference Hall (BMICH). Upon requests made to the Commission, it is prepared to accomaded persons or organizations wishing to testify orally.