Here's why Avant Garde case can't be dismissed
Pertinent questions raised by MP Anura Kumara
Dissanayake in Parliament last week on Avant Garde investigations and
the Attorney General's decision :
The Ocean Guard service was carried out by the Sri Lankan Navy until
October 20, 2012. Due to the influence of former Defence Secretary
Gotabhaya Rajapaksa, the full responsibility of the Ocean Guard service,
which could impact national security, was entrusted to Avant Garde, when
it is the President of the country who should be making decisions on
national defence under Section 4 A of the Constitution.
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3,154 automatic firearms and
770,059 bullets owned by Avant Garde, were stored in seven
containers in ‘Mahanuwara’ anchored in the Galle Harbour.
-onlanka |
Q: Does the Defence Secretary have the authority to make decisions on
national security? If not, what action will be taken against him?
Former Sri Lankan High Commissioner in Nigeria, A.S.P. Liyanage, who
functioned as an intermediary, was a signatory to the agreement reached
between Avant Garde and the Nigerian Companies, representing Sri Lanka.
Q: Who authorised him to do so?
The agreement signed with Avant Garde International, does not permit
operating a floating armoury within Sri Lankan waters. All armouries
need to be operated within the international maritime boundary.
It has been specified that there ought to be an End User Certificate
for each firearm. Accordingly, each such firearm should have been
licensed by the respective countries.
Q: Who authorised the anchoring of the floating armoury in the Galle
harbour. Is there a licence issued by a legal authority in respect of
each firearm? Was the Sri Lankan police aware of the floating armoury
operated from the Galle Harbour.
The Galle Police sought permission from the Galle Magistrate to
initiate inquiries following a tip off by DIG Galle on January 18, 2015
that weapons were being stored in the vessel 'Mahanuwara' anchored in
the Galle Harbour and such weapons were being removed.
Later, further investigations handed over to the CID revealed that
3,154 automatic firearms and 770,059 bullets owned by Avant Garde, were
stored in seven containers in 'Mahanuwara' anchored in the Galle Harbour.
| Extract from the police
report
“It was revealed the vessel was being used as
an armoury, with weapons and bullets stored in 20 of the 22
containers, size 20X20 feet. Such containers are used to store
weapons when foreign ocean guards visit here. This was handled
by Avant Garde Security Service since September 18, 2012.
Earlier the Sri Lankan Navy was in charge of it. Facts reveal
the role played by a private security service pose a threat and
a danger to national security.
“Investigations as to whether certain unlawful
groups were roaming freely in the country with large quantities
of weapons, had revealed that Avant Garde Security Service had
stored weapons and bullets in two containers at a navy camp in
Southern Sri Lanka.
“The statement in this connection by the
Navy’s Southern Command, Rear Admiral, D.E.C. Jayakody, further
confirmed that in addition to those two containers, the Rakna
Lanka Private Security service had a large arsenal in three
rooms of the Seva Vanitha Unit building of the Navy’s Southern
Command. Manned by a private security firm, outside the control
of Sri Lanka Navy, it was issuing weapons for security purposes
of the Rakna Lanka Security Service. |
A licence from the Controller of Firearms is required for usage of
weapons within Sri Lanka. Weapons used by the police and the Tri Forces
are included in their respective departmental inventories. No person or
institution can use firearms in contravention of the Firearms Ordinance.
As such all these weapons are illegal.
Q: What are the legal records in respect of each weapon? Who will
supervise such weapons?
I would propose to the House that all these weapons are illegal.
Information on illegal weapon trading is in the complaint made by former
Sea Marshal Captain, U.S.K. Dissanayake.
What is the certificate that can be issued to certify that these
weapons have not been used for crimes within and outside the country?
The approval of the Defence Ministry should have been obtained for
weapons issued to Sea Marshals from the floating armoury via Booking
Note.
Q: Has such approval been obtained from the Ministry of Defence? If
so, what is the number of weapons in respect of which such approval was
obtained? What is the make and number of weapons so far not issued to
Sea Marshals?
At a Progress Review Meeting chaired by the Prime Minister, Solicitor
General Suhada Gamlath had said two government bigwigs had asked him to
recommend the release of the passport of Avant Garde chairman that had
been surrendered to Courts. He had also said he had asked the President
whether he should give an order to arrest those responsible for the
Avant Garde inciden. However, at the following week's progress review
meeting Gamlath himself had said there were no criminal charges that
could be framed in the Avant Garde incident.
However, Additional Solicitor General Navaratne Bandara, a senior
officer counting over 25 years of service in the Attorney General's
Department, who was in charge of the relevant file in this connection,
pointed out that criminal charges could be framed under 3 Acts in regard
to the Avant Garde incident. Minister Mangala Samaraweera had asked to
file action under other Acts, as it was not proper to do so under the
Prevention of Terrorism Act.
According to the report submitted by Additional Solicitor General
Wasantha Bandara, to the Attorney General, and according to what was
mentioned in the Progress Review Meeting, a case could be filed under
the Firearms, Ordinance, Explosives Act and Prevention of Terrorism Act.
Q: The Attorney General is the State prosecutor paid from State
Coffers. He told Court that no criminal charges could be framed due to
lack of sufficient evidence.
The Attorney General should know that charges framed by his senior
officers after an independent review need to be filed in courts. How is
it that he with one stroke of the pen dismissed the charges drafted by
the honest officers of the Police and his department? Could he deem the
illegal weapons genuine?
We ask the Attorney General not to misuse the powers of his post. He
is a Head of Department who should be brought before this House and made
to answer questions by the MPs.
He should explain to this House why charges levelled only against
those financially and politically powerful, are swept under the carpet?
Files on the corrupt politicians of the previous government are kept on
his table. We are telling the people these are not the Attorney
General's decisions. Behind these are top brass of this coalition
government
Q: I would like to ask the Prime Minister what future course of
action will be taken against the floating armoury in the Galle Harbour.
Cabinet spokesman Minister Rajitha Senaratne told a media conference
on May 14, 2015, that the Avant Garde company attempted to offer a bribe
of Rs. 20 million monthly to suppress the charges. Who will try to offer
bribes like this if no wrongs had been committed. Indictments can be
filed against the former Defence Secretary, Avant Garde Company and all
those who intervened, in matters ranging from the undue award of the
Ocean Guard Service (which had earned millions of revenue to the
government) to Avant Garde Company, through Rakna Lanka Security firm
with an ulterior motive and the operation of the floating armoury at the
Galle Harbour.
Q: Will steps be taken to institute independent investigations in
regard to the criminal charges against the Avant Garde Company,
suppressed by the Attorney General due to intervention and strong
influence exerted by the top brass of this government?
Approval was granted within 10 days to a request made to the Defence
Ministry on April 17, 2013, by the Avant Garde Company to set up an
institute to train local ocean guards. Action had been pursued to
expeditiously hand over the job of training in firearms, a monopoly of
the Police and the Tri Forces, to a private company with no due
diligence investigation.
Q: Who is the official and under what law were the powers vested with
the Tri Forces and the Police assigned to Avant Garde? How many were
trained under this and who are they? What is the authority to train
foreigners in the use of weapons?
The CID reports have revealed that according to the Statement of
Accounts during the past two years, Rs. 853 million - presents and
gifts, Rs. 1,294 million - Chairman's expenses, Rs. 191 million -
Chairman's wife's expenses and Rs. 574 million unaccounted for, had also
been incurred. Funds have been released by Avant Garde to Siriliya
Saviya and the Pushpa Rajapaksa Foundation. |
