Gota objects to CoI probe

Says matter being investigated by two other bodies:

by Dhaneshi Yatawara

The second public hearing of the allegations against the Rakna Arakshaka Lanka Limited, held on September 17 and 18 at the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources, and Privileges (PRECIFAC) took a new twist with the lawyers of the third respondent, Gotabaya Rajapaksa objecting that their client was being investigated on the same allegations as investigated by the Police and the Bribery Commission.

Floating armoury

Gotabaya Rajapaksa at the CoI

In response to the objection, Senior State Counsel Janaka Bandara said the Attorney General's instructions to the Criminal Investigation Department are over the inquiry into the floating armoury in Galle and not on Rakna Arakshaka Lanka Limited.

"Therefore, it has no relevance with the proceeding investigations," he said.

The State Counsel's argument was based on the Gazette published in March this year on establishing the PRECIFAC, in which the terms of references do not object the Commission inquiring in to any issue that is within its frame.

The Gazette states that it is in the public interest and welfare that caused the conduct of inquiry.

President's Counsel Anil Silva speaking at the PRECIFAC on behalf of former Defence Secretary Gotabaya Rajapaksa proposed to the Commission that it is unfair by his client to be questioned over similar allegations. "We have no objection to investigating the allegations using RALL staff for the Presidential campaign of the former President," he added.

In his response President's Counsel Silva told the Commission that these investigations carried out could go against the Constitution. " I do not believe that our legal system expects to attack a person through different means and institutions on similar issues," he elaborated. Finally he proposed to the Commission not to take a decision on issues that have been investigated or continue to be investigated in other relevant institutes.

The commissioners were of the view that the President's Counsel should direct the question to relevant authorities as the commissioners can only execute the duties given to them pertaining to the stipulated terms of references.

Witness statements made by many current and ex-officials of the Ministry of Defence and the Rakna Arakshaka Lanka Limited (RALL) continued to prove severe administrative protocol breaches in those institutes.

Public hearing

The PRECIFAC, in the second public hearing looked in to transactions pertaining to the weapons issued to the RALL expanding the scope from the previously discussed allegations on using staff of the RALL for the 2014 - 2015 Presidential campaign of former President Mahinda Rajapaksa. On the first day of the public hearing, the former Additional Secretary to the Ministry of Defence (MOD) Sujatha Damayanthi Jayaratne responding to the questions raised by lawyers and the Commission members accepted that she as the Authority on Regulating Fire Arms, had not issued licenses to 3473 weapons of the RALL. Accordingly only 89 were licensed. Jayaratne denied of having any knowledge of issuing letters giving license to issue weapons when State Counsel Bandara raised questions referring to the previous letters related to similar transactions of the Ministry of Defence.

Document

Jayaratne had been the Additional Secretary of the MOD till March 25, 2015 and among her duties were to issue licences to weapon transactions. She informed the Commission based on her responsibilities that she was officially the Authority on Regulating Fire Arms.

On the second day weak facts surfaced with the statements from the newly appointed Defence Secretary Karunasena Hettiarachchi and new RALL Chairman Victor Samaraweera.

According to all three witnesses the RALL had several armouries in the Galle harbour, Seafab Unit in the Naval Base in Welisara and one in the red sea in the ship that belongs to Avante Grade Security company.

Jayaratne and Hettiarachchi were questioned over the Military Liaison Officer (MLO) appointment as certain weapon issuing letters were released signed by the (MLO). When the State Councel Bandara questioned the RALL present Chariman Samaraweera for a cost benefit summary of the company, Samaraweera produced a document with the total income with salaries paid deducted. Judge Gihan Kulatunga and former Auditor General B.A. Premathilake told the witness that the document does not help the investigation as it does not show the net profit of the company. One of the requests of the Commission to Samaraweera were details of the net profit of the company which was later revealed that Chairman of RALL Samaraweera vaguely knew. Samaraweera said that his Chief Accountant is more aware of these facts and he will direct the chief Accountant to prepare the document and produce to the Commission. The witness will produce the relevant documents in the next public hearing day.

On the second day giving evidence at the Commission RALL former Company Secretary Lesha Chandrasena accepted that RALL was a company registered under the Companies Act and the law applies to the company similar to any other company IN the country. Therefore any transaction of the company should be in keeping with the law. The Commission of Inquiry brought several other witnesses to the public hearing to give evidence on the use of RALL staff for the 2014- 2015 Presidential election campaign of former President Mahinda Rajapaksa. The third public hearing was scheduled for October 8 and 9, 2015.