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Sirisena
Cooray's plea to quash Presidential Commission's findings
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Sirisena Cooray's plea to quash
Presidential Commission's findings The Supreme Court yesterday issued notice on retired Supreme Court Judge, Tissa Dias Bandaranayake (Chairman, Special Presidential Commission which probed the killing of late Lalith Athulathmudali), G. W. Edirisuriya Member of the Presidential Commission, and the Attorney General, cited as respondents in the Writ Application filed by B. Sirisena Cooray, former General Secretary of the UNP. Sirisena Cooray, in his petition requested the Supreme Court, to issue a Writ of Certiorari to quash the findings of the Presidential Commission in respect of Cooray. The notice is returnable on July 1. The notice on the first respondent, Tissa Dias Bandaranayake, is to be served through the Ministry of Foreign Affairs, and at his private residence at Mt. Lavinia. The notice on the second respondent, G. W. Edirisuriya, is to be served at his private residence at Udahamulla, Nugegoda. The notice on the third respondent, the Attorney General is to be served at the office of the AG, at Hulftsdorp. President's Counsel, Mr. K. N. Choksy requested for an early date for the notice to be returnable. Mr. K. N. Choksy was the senior counsel for the petitioner, Sirisena Cooray. Justice R. N. M. Dheeraratne to Mr. Choksy: Are you asking the notice to be psted on the door of the first respondent? Mr. Choksy: I want it delivered soon. The petition by Cooray challenged the findings of the Commission, which said that Cooray was a member of the conspiracy group that killed, late Mr. Lalith Athulathmudali and that, the Commission had found Cooray guilty of contempt of the Commission since he absconded summons. The commission had recommended civic disability on Cooray for seven years, for being guilty of contempt of the Commission. At the outset, counsel K. N. Choksy PC, made submissions on behalf of Cooray. Mr. Choksy said that the entire report, in respect of Cooray, is a fraud. It is innumerably and basically illegal. The findings cannot stand. Mr. Choksy said that, the Commission had in the latter half of 1996, summoned Sirisena Cooray to appear before the Commission, because his conduct was said to be suspicious in respect of the information received at the commission. Cooray had been notified that he was entitled to be represented by a lawyer. The letter sent to Cooray dated 12.7.96, did not specify, a date on which Cooray should appear before the Commission. On the face of it, the letter appeared to be one served under Section 16 of the Commissions of Inquiry Act. The son of Sirisena Cooray had informed the Commission that his father was abroad and all correspondence received from the Commission will be given to him on his return. On 15.12.96, a notice was pasted on the front door of Cooray's residence, noticing that he should appear before the Commission since his conduct was suspicious. He was given the entitlement to be represented by a lawyer. Cooray had been told to come before the Commission on 9.1.97, by that notice. On 9.1.97, Sirisena Cooray was represented by lawyers, Mr. Swaminathan and Mr. Anil Silva. They moved for a date for the senior counsel to appear. Commission said lawyers had no standing, as Cooray was absent. The Commission issued a warrant to arrest Cooray. The door was closed to Cooray from then onwards. This was a misdirection by the Commission, and a departure from the statute and the basic rule of law, that a suspect may be represented by a lawyer. Mr. Choksy said that a person who is suspected could not be made a compatible witness. Justice Dr. A. R. B. Amerasinghe: Under what provisions could a warrant be issued? Mr. Choksy: If summons are served on a witness, he should come. If not warranted. But Cooray was not a witness who could be summoned under Section (7) of the Commissions of Inquiry Act. Cooray was told that he was a person whose conduct was suspicious. Justice Dr. Asoka de Z. Gunewardene: Is it your position that a Commission could not issue a warrant on a person, whose conduct is questionable? Mr. Choksy: That is if he did not come. But Cooray had his lawyers before the Commission. Can a person be convicted of contempt, without being asked to show cause? These are serious aberrations. It is necessary for the Supreme Court to find out whether the Commissions of Inquiry, operate within the law. Section 12 (2) of the Commission of Inquiry Act states that contempt issues should be referred to the Supreme Court. No Commission can convict a person. A commission can only determine. Mr. Choksy also said that, evidence given by an accomplice has been considered by the Athulathmudali Commission. The preamble to the report could never stand in a Court of Law. Cooray has been baselessly implicated. The evidence is not admissible. It is a departure from the established principles in calling evidence. The report is a fraud Mr. Choksy said. Mr. K. N. Choksy, PC appeared with, Mr. Desmond Fernando PC, Mr. Sunil K. Rodrigo, Mr. Crossette Tambiah, Mr. Hemantha Warnakulasuriya, Mr. Laxman Ranasinghe, Mr. Methsiri Cooray, Miss K. Wijetunga, instructed by D. M. Swarminathan Associates. The bench comprised, Justice Dr. A. R. B. Amerasinghe, Justice R. N. M. Dheeraratne and Justice Dr. Asoka de Z. Gunewardene. KANDY: An attempt by a gang to blast a rock under the Galmaloya bridge at Moragahamula on Mahiyangana Road was foiled by a police team from Kandy at the early hours of Sunday. The police party caught the men, including a 'kattadiya' at 3 a.m. as they were preparing to make an offering before blasting the rock, police said. Police investigations are continuing to ascertain the motive behind the abortive attempt. One of them according to police, is a bank employee of Kandy. The two suspects Senarat Bandara the 'kattadiya' from Gunnehepana and the bank employee A. B. Chandrasinghe when produced before the Kandy Chief Magistrate Mrs. D. C. Mirinchiarachchi were remanded till June 10. The raid was conducted by the CSU of the Kandy Police on the directions of the Kandy SSP, Nimal Mediwake. Senior DIG (Range I) Lucky Kodituwakku has been directed to supervise the Special Task Force (STF) until the appointment of a Commandant. STF Commandant DIG Dharmasiri Weerakoon was drowned at sea off Moragolla last Sunday. A TULF Municipal Councillor of Jaffna Mrs. Doneta Devial has sent in her resignation to the leadership of party last week, TULF sources said. No reason had been given for the resignation. The TULF subsequently had informed the Returning Officer of Elections, Department in Jaffna that S. Aravind has been nominated in her place by the party. Meanwhile, the Commissioner of Elections Dayananda Dissanayake was yet to gazette the nomination of TULF Attorney-at-Law Pon Sivapalan as the successor to late Mayor of Jaffna Mrs. Sarojini Yogeswaran, TULF sources said (FRS) WB urges S.Lanka to divest insurance, oil COLOMBO, June 3 (Reuters) - Sri Lanka's state-run insurance company and parts of its petroleum firm are prime candidates in the drive to speed the country's privatisation process, the World Bank said in a report seen by Reuters on Wednesday. "The achievements of 1997 demonstrate that despite the unfavourable domestic security situation and a somewhat deteriorated external environment, Sri Lanka can still attract a great deal of investors, including foreign partners," the World Bank report said. "The most evident candidates (for privatisation) are the National Insurance Corporation and parts of the Ceylon Petroleum Corporation (CPC)," it added. The report said the unbundling of petroleum product distribution would promote efficiency through competition and lay the basis for market-determined prices in the future. CPC has a monopoly on oil and oil product imports and distribution. Earlier this year, the government called for bids from private firms for the grant of lubricant import and distribution licences. The licences have not yet been awarded. The government last year sold a 35 percent stake and management in Sri Lanka Telecom to Japan's Nippon Telephone & Telegraph Corp <9432.T>. Early this year it sold a 40 percent stake and management in national carrier Air Lanka to Dubai's Emirates airlines. The World Bank report also called for administrative reforms to loosen Sri Lanka's public enterprise sector from the grip of government control. "In fact, despite the move to a market economy many years ago, the government continues to administer the sector within a regulatory framework similar to government departments," it said. "This does not allow statutory boards the autonomy they need to operate in a market environment and it also subjects them to the well-known political pressures," the report added. The bank has suggested outright closure of statutory bodies like the Paddy Marketing Board, the Sri Lanka Central Transport Board, and the Ceylon Wholesale Establishment, which imports wheat and sugar among other commodities. It said the government needed to streamline the monitoring and control of the statutory boards and the public sector enterprises to give them some autonomy. Sri Lanka has 150 statutory boards and public sector enterprises employing 167,000 people, accounting for about two-thirds of the central government staff, the report added. GMOA insist on more
secuirty for hospital doctors The GMOA Branch Union at the Kalubowila Teaching Hospital has decided to work out a list of proposals to ensure the safety of the doctors serving there and to urge the Hospital Director to implement them within a given time frame, a GMOA spokesman told ‘The Island’. "It has been decided by the branch union to resort to trade union action if the hospital director fails to implement the proposals before the set deadline," he warned. This is in wake of last Sunday’s incident at the Kalubowila Hospital where a doctor on duty at the Accident Service had allegedly been assaulted by two outsiders. The doctors serving at the Accident Service staged a token strike on Monday, the day following the incident as a protest against the assault. The doctor assaulted had reportedly received treatment from the hospital. According to the police sources two youths who had met with a minor accident and sustained injuries had come to the Accident Service of the Hospital around 7.30 p.m. They had been enraged to see the doctor concerned treating a more serious patient apparently paying no heed to them. A heated argument had ensued and the two men had allegedly assaulted the doctor. The two suspects had been arrested by the officers of the hospital police post soon after the incident and produced before the Gangodawila Magistrate who remanded them till June 4, police said. The GMOA, under these circumstances has perceived that the police had acted properly and impartially in handling this issue and therefore not to resort to any further trade union action. "But we are concerned over the insufficient security provided not only to doctors but also to the other employee categories of the hospital at present. Due to prevailing security lapse any person or any vehicle could enter the hospital premises without proper check or inquiry by the security guards. It is this situation which has resulted in such incidents. Ragama residents panic as fuse goes off There was panic among residents in Ragama yesterday, due to a sound of an explosion in the area. According to police sources, the sound had come from a high-tension transformer situated at Tewatte Road where a fuse went off. Ceylon Electricity Board said that when a high tension fuse goes off the sound coming from it is similar to an explosion. They added that the damage had occurred in the early hours of yesterday. Police sources said that the transformer at Tewatte Road always has this problem. The CEB said that they are looking into the matter. This incident was reported only a day after the explosion at another transformer in Kadawatha police area. Police sources said that it had been due to sabotage. (SB) Two persons with pistol threatened me to
open door HATTON - "When I heard the barbed wire around the factory being cut, I came out. Then two persons with muffled faces holding a pistol threatened me to open the door of the factory," said, Tea Maker Asoka Rantilake speaking to 'The Island' regarding the bomb explosion at Shannon Tea Factory, Hatton. Rantilake said: "It was close upon time to commence the first shift in the factory and as there were seven employees present upstairs, I tried to walk upstairs stating that I want to bring the key they tried to shoot me. Then I tried to grab the pistol from their hands. "I then walked up the stairs and brought down the employees from upstairs. Then I saw the two persons were trying to escape. The employees attacked them with stones, but they escaped. There were blood stains along the route the suspects had escaped. Though police dogs had been used to track down the suspects through the blood stains, it was not successful," said Ranthilake. A high official of Hatton police commenting on the statement of Estate Superintendent, Patrick, Sangarapillai that the damage had been estimated over rupees 100 million, said that the damage wouldn't be that much. Red Cross officer sees
soldier held by LTTE The LTTE last Saturday permitted the North East Coordinator for the Sri Lanka Red Cross [SLRC] Mr. Kishore Sivanathan to meet a Sri Lankan soldier held in the western part of the Wanni region . The soldier identified as Kumara Nayanajith from Ambalantota had met the SLRC official at Thunnukai. "He had been with the army for only nine months," Kishore told ‘The Island’ yesterday adding that after joining the army the soldier had deserted after three months. Later he had been arrested in the south. After that he had been sent to Kayts and from there to Paranthan defences. The soldier had told the SLRC official that he decided to desert and surrender to the LTTE in May. Twenty three year old Nayanajith had walked to LTTE defence line after leaving his weapon and other equipment. Although the LTTE has requested the International Committee of the Red Cross [ICRC] to escort the soldier out of the Wanni and hand over him to his family at Ambalantota, the Geneva headquartered relief agency has indicated it was not in a position to do so. Army said that ICRC or any other organisation has no right to do that. LTTE repersentatives have said that the soldier must be returned to the family. The army was expected to arrest the soldier on his return from the Wanni. Kishore said that the soldier has requested him to write to his mother and explain the situation. Quoting the soldier, Kishore said that he [soldier] had been a member of the Janatha Vimukthi Peramuna [JVP]. He had been detained by the police some time ago. However the mother has asked him to join the army as there was no other employment. Private bus operators strike called off Private bus operators from Colombo to the South called off their two day strike last night after discussions with the Southern Provincial Minister of Transport I. Wijayantha. The private bus operators in the Western province plying the Southern routes of Galle, Matara and Kataragama went on strike on Monday demanding the removal of the proposed system of levying an enhanced fee from all private buses entering the Southern province. Attacks on economic targets
concern investors Foreign investors have expressed grave concern over the continuing wave of attacks on economic targets as both the government and the private sector sought to set up security to their properties The Island learns. Official sources said the Japanese Telecommunications giant, Nippon Telegraph and Telephone Corporation (NTT) which owns 35 per cent of the equity of the Sri Lanka Telecom Limited (SLT) has expressed concern over the attacks on millions worth (rupees) Kalutara, Kuliyapitiya, Nochchiyagama and Kadawatha telephone exchange. An improvised explosive device exploded close to the Negombo telephone exchange but there were no damages. "They are upset," an official said adding that continuing wave of attacks will have an adverse impact on the economy. The Public Enterprises Reforms Commission (PERC) acted as overseers of the privatisation of the SLT. Sri Lanka on August 8 last year handed over the management of the SLT to NTT after the latter acquired 35 per cent of shares for a purchase price of US$ 225 million. This was the highest ever price paid for a stake in a government owned venture. The previous best was US$ 37 million paid by the Shell Gas Company to secure the controlling interest of the Colombo Gas Company. Officials said that the telephone exchange damaged at Kadawatha has been used by the Mobitel. The SLT share facilities with Mobitel, the only cellular network to do so. "It was clear the campaign was against government property and those involved in joint venture with the state," an official said yesterday. Defence Secretary Chandrananda de Silva Tuesday (2) chaired a top level meeting at the Ministry to discuss the situation and explore the possibility of countering the threat. Armed forces officers, police, SLT and senior representatives of the Ceylon Electricity Board (CEB) have attended the meeting, the first since the LTTE mounted the campaign against SLT, CEB and Plantation targets. Both the SLT and the CEB have their own security units under retired army officers. Both units comprised retired security forces personnel official said. However the government has deployed police and troops in certain places to boost security to SLT and CEB installations. Officials with the SLT and CEB admit that there was no possibility in deploying personnel or increasing strength in each and every location. There are over 200 exchanges in Colombo and the provinces. There are over 10,000 CEB transformers in the country. "We have taken certain steps to increase the security cover to transformers," a senior official said yesterday. The Inspector General of Police (IGP) W. B. Rajaguru has directed police stations to organise citizens committees to protect the transformers. The Operations Command Colombo (OCC) too has provided some assistance to protect the targets in Colombo. However the OCC was not in a position to play a leading role as it has been assigned to combat major terrorist operations in the city. OCC was placed incharge of the city security soon after terrorists made an abortive bid to blast the Kelanitissa Thermal Power Station on November last year. Officials said that the attacks on minor CEB, SLT and Plantations targets can spread to vital installations particularly the power stations. "We have taken steps to further enhance security in key installations," an authoritative official said yesterday. Both CEB Chairman P. A. M. Deraniyagala and the Deputy Chairman C. Neil D. Perera were not available for comment yesterday. Both have left for Samanalawewa. The military sources said that the LTTE was likely to mount indiscriminate attacks as the troops increase pressure on their strongholds in the Wanni. Despite fierce resistance, troops of the ongoing Wanni offensive, Jayasikuru have been able to push slowly but steadily since the advance started on May 28. Since then terrorists had stepped up attacks on targets in the South. Earlier the police headquarters assigned the Terrorists Investigations Division (TID) to inquire into the series of attacks. The newly created TID placed under DIG S. C. Pathirana was continuing the investigation. Troops recover 45 anti personnel mines On Tuesday around 2.45 a.m. Northwest of Kunchukulam terrorists fired mortars at troops manning defences. Troops retaliated with mortars and artillery, a Defence Ministry press release states. "In another incident around 5 a.m. in general area Karupaddamurippu troops on patrol recovered 45 anti personnel mines and two RPG rounds. Troops continue to dominate areas ahead of defences." "On Monday around 7.30 p.m. at Kataragama a civil van attached to the army was attacked by a group of terrorists while it was moving along the Kataragama-Buttala road toward Kataragama. Troops retaliated with small arms causing the terrorists to flee with their casualties. Ground troops confirm two terrorists wounded. Two soldiers and the civilian driver were injured due to terrorist fire and evacuated to Kataragama and Tissamaharama hospital. One soldier succumbed to his injuries after admission to Kataragama hospital. At the same location before this incident terrorists had taken seven civil vehicles into the jungle and after releasing the occupants had set the vehicles on fire." Kataragama
infiltration - The recent Tiger infiltration in Kataragama area had been a strategy of the LTTE to withdraw troops engaged in 'Jayasikuru' operations stated a senior official of the police. It was last Monday (01) that few Tiger terrorists shot at the army along Kataragama - Buttala highway and had burnt several vehicles belonging to civilians. In this confrontation the three terrorists who had been wounded had been taken away by their companions and had fled into jungles close to Batticaloa. A combined operation by the army, navy and airforce therefore had been launched to round up these terrorists now hiding in Batticaloa jungles. Meanwhile police is keeping vigilance on outside Tamils arriving in Kataragama town. Management and work force
at tug-of-war over closure of workplace The dispute between the labour and management of the Veyangoda Textile Mills continue as the two parties continue to point fingers at each other saying the other is to blame. Earlier about 3300 employees of Veytex returned to work on June 1 only to find that their respective workplaces have been closed, sources said. A spokesman for the trade union claimed that the workers had not received any previous notification of the closure. The situation arose, a source from the federation which represents the management of Veytex said, because the continued operations of the company was not a viable venture. The company was experiencing heavy losses due to the duty waiver in the last budget and several other reasons, he said. He further claimed that the losses for the last three years had amounted to Rs. 250 million. The management, he said, had submitted three proposals to both the workers and the Department of Labour regarding restructuring of the company and changes in the payments of overtime salaries and holidays. The management maintains that the situation is now in the hands of the workers. The workers however disagree with the reforms to their salaries and overtime, said trade union sources. The EPF as well as ETF payments and other deductions from their salaries have not been sent from the company, trade union source said. The source claimed that the company had submitted a modernization plan and requested a lay off period with no pay. The workers claim that the recommendations of the management are unfair and the workers could not agree to the proposals. The situation now remains at a standstill with each side waiting for the other to make a move. Further dialogue however is expected to take place in the future and the Commissioner of Labour is expected to hold an inquiry into the matter next week, Additional Deputy Commissioner of Labour N. K. Dayaratne said. | |||
