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Court orders UNP not to
violate Wijeyapala’s rights in party Colombo District Judge Sarath Ambepitya yesterday issued an enjoining order restraining the UNP Working Committee from preventing plaintiff Wijeyapala Mendis from exercising his rights and privileges as UNP member or from exercising his powers or duties of any of the offices he holds in the party. Court issued the enjoining order sequel to an application by UNP MP Wijeyapala Mendis through his lawyer, Paul Ratnayake Associates challenging his suspension from the UNP. Parliamentarian Wijeyapala Mendis is the plaintiff. UNP leader Ranil Wickremasinghe, Chairman Karu Jayasuriya, General Secretary Gamini Atukorale and all members of the UNP Working Committee are cited as defendants. The plaint stated that the Party Working Committee had no authority to appoint a committee to conduct a disciplinary inquiry into allegations against the plaintiff. The Working Committee had no jurisdiction to suspend the plaintiff from being a party member. The only organ of the UNP which is empowered by constitution to conduct any inquiry into the allegations against the plaintiff was the Disciplinary Committee. The Working Committee was not entitled to delegate its powers. The Special Presidential Commission found the plaintiff guilty of the charges against him, furnished an interim report and recommended that he be deprived of his civic rights for a period of seven years. There was placed on the Order Paper of Parliament, a resolution proposed by the Prime Minister to impose civic disability on him. On June 12, 1998, the plaintiff filed an application for a Writ of Certiorari quashing the said findings and recommendations. The UNP, as a matter of policy refused to accept the findings of the Special Presidential Commissions of Inquiry appointed by the present government on the ground that the appointment and activities of the said Commission constitutes "witch hunts" of prominent and active members of UNP. Notwithstanding the said policy, the UNP Working Committee, appointed a committee to inquire into whether he had brought disrepute to the UNP basing on the said findings. The said Committee of Inquiry refused him the right to be represented by counsel. The committee continued with its proceedings notwithstanding the pendency of the plaintiffs application in the Supreme Court. A meeting of the Working Committee of the UNP was summoned for June 19, 1998. When the plaintiff went to the the Headquarters for the meeting, Mr. A. C. S. Hameed told him that he (Mr. Hameed) was walking out of a meeting of the Disciplinary Committee of the party at which a decision was taken to suspend the plaintiff from party membership despite protest by him (Mr. Hameed). At the Working Committee, Mr. Tyronne Fernando said that what was being discussed was based on a report submitted by the General Secretary on a recommendation made by the party leader. Finally a vote was taken on the issue of suspension of the plaintiff and all but ten members who abstained from voting voted, in favour of suspending the plaintiff from party membership. A politician’s career in the field of politics in dependant on his maintaining close contact with and serving his constituents. The exclusion of the plaintiff from all political activities of the party particularly at the present crucial juncture in the life of the country when provincial councils elections or a Presidential election are in the offing would necessarily result in total destruction of the plaintiffs political career which could not be resuscitated even if he is re-instated as a member of UNP at some indeterminate time in the future. Such exclusion would adversely affect the plaintiff’s prospects of being elected to Parliament at the next General Election, the petition concluded. S. L. Gunasekera with Gomin Dayasiri, J. Kulathilake and U. A. Najeem instructed by Paul Ratnayake Associates supported the application. Lanka's first ever Arterial Switch Operation
performed at SJTH The Sri Jayawardenepura Teaching Hospital (SJTH) has conducted Sri Lanka's first ever Arterial Switch Operation for Transposition of Great Arteries (TGA) on a eight-day old infant successfully proving major heart operations of this kind are now possible in this country. Consultant Cardiothoracic Surgeons Dr. P. A. Gooneratne and Dr. Anura Kapuruge with the help of their team had performed this five-hour major surgery on eight-day old G. T. H. Deegayu on June 19 this year. The child has now recovered and is to be discharged shortly. Dr. P. A. Gooneratne told a press conference at the hospital on Wednesday that this lucky infant had been born at a leading private hospital in Colombo on June 11 and transferred to the SJTH on 15th with difficulties in breathing. It was pointed out that an infant with transposition of great arteries has to be operated on within two weeks to save its life and it was also risky. Dr. Gooneratne explaining the inborn heart illness of the baby said ' normally a child is born with the Aorta which carries oxygenated blood to all parts of the body from the left ventricle. De-oxygenated blood from all parts of the body is carried to the lungs for oxygenation by the Pulmonary Artery which arises from the right ventricle. Aorta is connected to the Pulmonary artery by the Ducts Arteriosus. It is required during foetal life and closes soon after birth. Another communication between the left and right arteries too closes after birth or remains very small during adult life [Patent Foramen Ovale (PFO)]'. 'Transposition of great arteries is done due to a defect in the developmental process. In this case the aorta arises from the right ventricle thereby carrying de-oxygenated blood to the rest of the body (therefore the baby is blue) and pulmonary artery arises from the left ventricle carrying oxygenated blood to the lungs. As the systemic and pulmonary circulation are in parallel (normally they are in series) for the baby to survive the two circulation must communicate. This is achieved by the ducts arteriosus and/or the Foramen Ovale remaining patent. Bigger the communication better the chance of survival till surgery. Further the coronary arteries (right and left) which carry blood to the heart muscle receive de-oxygenated blood which is lethal unless treated,' he explained. 'A child born with transposition of great arteries should be kept alive by maintaining the potency of ducts arteriosus with the drug 'Postoglandin' or enlarging the PFO by means of a balloon in the right artrium. Neither of these was available in this hospital by the time the surgery was performed', he said. Dr. Kapuruge said, in the course of the surgery the aorta and the pulmonary artery were transposed back into their correct positions and two coronary arteries were also dissected off the aortic wall and attached to the correct places. 'The first TGA operation of the world history was done in Brazil in 1977 but Sri Lanka did not have adequate facilities to do it here. Many TGA cases were reported in our country but almost all of them died with no treatment. Nowadays this surgery is done in every part of the world but the operated cases have a 20% of mortality rate,' Dr. Kapuruge said. Dr. Mrs. Rani Wasala, Consultant neo-natalogist said as soon as the baby was transferred to the Immature Baby Unit it was fixed to the ventilator. 'At that time the baby was pale, inactive and its fingers were blue. We suspected that it was due to a severe infection or heart disease. The eco-cardiogram proved that the baby was having a heart problem. The weight of the baby at birth was 2.8 Kg and it came down to 2.4 Kg afterwards and now the present weight has improved again upto 2.6 Kg. Dr. Wasala said that the condition of the baby was very critical at the time it was taken in for surgery. 'The infant was in an incubator and we had to use a mobile incubator to move it into the operating theatre as its body became blue once it was taken off the incubator. Once the surgery was over, the baby was kept in the Immature Baby Unit for four days and during this period we had been providing food and monitoring the function of other organs and systems of the baby round the clock,' she said. Dr. L. de Lanerole the Director of the SJTH said that the drugs and equipment used for the surgery cost only Rs. 75,000 and the total cost would be around Rs. 150,000. 'If this surgery was done in a foreign country it would cost at least Rs. 400,000' he said thanking all the staff members who joined this team work including two perfusionists. The Chairman of the Hospital Mr. Chandima de Silva said that the SJTH was conducting two cardiac surgeries a day with only 26 nurses despite the approved nurses cadre is 44. Mr. de Silva also said that the hospital was short of 50 nurses at the moment. 'We are awaiting approval from the government for a five-storied Cardio-Thoracic unit. It will be possible to provide more cardiac surgical facilities at the hospital when this proposed unit is built,' he said. Jaffna returnees sent to KKS The Jaffna returnees who were stranded for the last two and a half months were sent to Kankesanthurai on Wednesday evening on board the vessel 'Lanka Muditha'. The ship carried 1023 persons who were kept at the 3rd Mile Post Welfare Centre, for the last 2 1/2 months. They were brought from Vavuniya and Mannar and kept in the camp. The last shipment was on 1st May. Since then these persons had been agitating and demonstrated that they be sent to Jaffna. It was only on Wednesday that they were sent to Jaffna. HRC to record convict soldier's statement Human Rights Commission (HRC) is expected to record the statement of the soldier who claimed that troops killed and buried bodies of approximately 400 persons at Chemmani, Jaffna in the middle of 1996, informed sources said yesterday. The soldier, a convict in the Krishanthy Kumaras-wamy rape and murder case has claimed that 400 bodies were burried on the instructions of a senior army officer. HRC last Monday (13) decided to initiate an investigation after Tamil groups urged the government to probe so called Chemmani graves. (SF) Pakistan ready for third party
mediation on Kashmir issue Pakistan Premier Nawaz Sharif’s Special Envoy, Akram Zaki yesterday ruled out the possibility of de-linking Kashmir-nuclear issues. The two issues cannot be de-linked he insisted adding that the international community understands the need to resolve the Kashmir problem.He said that the danger of conflict and confrontation remain until the two countries get together with possible mediation to resolve the Kashmir problem. He hoped that proposed Indo-Pakistan talks in Colombo later this month will pave the way for the resumption of other levels of contact. Pakistan, he said was ready to accept outside mediation to resolve the Kashmir territorial dispute. India has insisted that she will never accept third party mediation. They have fought two bloody wars over Kashmir since gaining independence from the British in 1947. There has been no contact between Pakistan and arch rival India since the 11 nuclear test blasts in May. He said that he was not sure whether his Prime Minister Nawaz Sharif and Indian premier would include their respective delegations too in the proposed informal talks during South Asian Association of Regional Cooperation [SAARC] summit later this month in Colombo. However he did not rule out the possibility of officials joining the talks. "Prime Ministers lay down their own rules," he told journalists at a briefing at the Pakistan High Commission yesterday. In the past Pakistani and Indian leaders have had one to one talks but some times they were joined by a few officials he revealed. Zaki, a former Ambassador to China and US arrived a few hours earlier on a three day visit. He was scheduled to deliver a hand written letter from the Pakistani leader Sharif to President Chandrika Kumaratunga before leaving on Saturday [18]. He declined to reveal contents of the letter. Zaki had so far met leaders of other SAARC countries except India in a bid to explain Pakistan’s position. He was also expected to hold talks with the Foreign Minister Kadirgamar and a few other officials. The scheduled meeting with Prime Minister Sirimavo Bandaranaike will not take place. "She is not in good health and I wish her well," Zaki said. He also pointed out that unresolved disputes create tension in the region. Pakistan was ready to resume top-level talks with India he said. There has been no official level contacts since June last year. He blamed India for breaking off contacts in June after they agreed the establishment of eight working groups to concentrate on crucial issues, simultaneously. Zaki accused the ruling BJP of stepping up India’s nuclear programme. Despite a Pakistani warning of India’s preparations to resume nuclear testing, the international community failed to take action he said. Zaki said that Pakistan had no alternative but to respond accordingly. India threatened her neighbours specially Pakistan he said insisting that India’s aggression’s forced us to conduct our own tests. "The people," he said wanted the government to respond. Zaki pointed out that India changed her position after Pakistan conducted a series of blasts. "After that they stopped their threats," he said. India Wednesday rejected a Pakistani proposal for a bi-lateral nuclear test ban treaty. Zaki said that Pakistan was ready to accept third party mediation. India, he said cannot reject mediation and continue to remain in the UN. The World Bank and Russia had mediated between India and Pakistan he said adding that rejection of mediation is rejection of UN charter. Asked whether Sri Lanka has any role to play in the Indo-Pak issue during the summit, Zaki said that all SAARC countries should get together. "All of them should be facilitators," he said. Already some SAARC leaders have offered to mediate he said. SAARC Charter does not permit discussions on bi-lateral issues at the forum, but traditionally thorny matters are touched on by leaders during informal "retreats". Both Pakistan and India have agreed to resume talks on the sidelines of the Colombo conference.Pakistan was expected to back the setting up of an informal political mechanism to solve regional problems. Talking on the sanctions imposed on Pakistan, Zaki said that a series of counter measures have been taken to solve problems caused by international sanctions. Replying a question, he said that necessary steps will have to be taken in the event of the international community sidelining Pakistan. He further said that Pakistan had been affected by various sorts of sanctions. He reminded the US refusal to sell F-16 fighters or return the money accepted from Pakistan. NCP docs on protest strike today Doctors serving in the North Central Province will stage a one-day token strike today (17) in protest against the Provincial Director of Health Services (PDHS) in the province who had refused to provide better medical facilities to Anuradhapura Base Hospital to treat injured soldiers, a spokesman for the GMOA told ‘The Island’ yesterday (16). The GMOA also warned of a continuous strike action in the province from Tuesday (21) unless its two demands are met by the PDHS before that. The two demands put forward by the GMOA are: 1. Vascular surgical facilities be provided to the Anu-radhapura hospital and unsatisfactory surgical theatre situation at the hospital be remedied forthwith to ensure sterility in them. 2. Irregular deferment of doctor transfers in the province by the PDHS be stopped. In addition to above two the GMOA also demanded the submission of an apology by the PDHS to the doctors of the hospital for his alleged indecent conduct at the meeting with the GMOA representatives on Wednesday (15) afternoon at his office. According to the GMOA spokesman, seriously wounded soldiers are directly brought to the Anuradhapura hospital as it is the closest to the battle front. "It has been found that blood vessels carrying blood to the peripheral areas of the bodies of 90% of the wounded soldiers are badly damaged. To prevent those parts of the body to which blood supply is curtailed, from probable death, those broken blood vessels should be repaired at least within an hour. The process of repairing the broken vessels is done by a vascular surgery. Unless this surgery is carried out the injured will either succumb or he will end up with the amputation of his limbs". "Vascular surgical facilities is not available at the Anura-dhapura hospital at the moment and the patient would be breathing his last if airlifted to Colombo for surgery. We can assure that limbs of many soldiers could be saved if the hospital is provided with this facility. The GMOA Anuradha-pura Branch Union has been pointing out this shortcoming to the PDHS and all other relevant authorities but to no avail. The branch union recently sent a reminder to the PDHS in this regard with a copy to the President too but so far no tangible action has been taken". He also said that the condition of the surgical theatres at the hospital in which a number of surgeries are carried out on wounded soldiers every day is in a very sad state with some of the doors been broken, the floor damaged resulting in no adequate sterility conducive for surgeries. "Anuradhapura hospital was upgraded after the present government took office but those facilities and maintenance is not carried out by the PDHS and other officials concerned". "In addition, several transfers of doctors which were ordered by the Ministry of Health with the approval of the Public Services Commission are arbitrarily differed by this PDHS upsetting the health care services at peripheral and border line villages. Because of these haphazard deferments peripheral hospitals suffer and are faced with virtual closure," he stressed. Regarding these issues several representations were made to PDHS and the GMOA also took up those issues with the Secretary, Health and Director General Health Services. We learnt that they have informed the PDHS in question to solve the problems immediately. Surprisingly the PDHS has taken no action to improve the treatment facilities of war casualties or to stop irregular administrative practices, he said. "Therefore, we believe the relevant provincial authorities will take prompt and adequate steps without any delay to solve this crisis situation which was created by the irresponsible action and unbecoming attitude of the PDHS, before we launch the continuous strike action on Tuesday," the spokesman said. The spokesman also assured the continuation of the usual medical treatment for wounded soldiers and other emergency cases while they are on strike. PLOTE MP killed in mine blast
Shanmuganathan was killed along with two of his police bodyguards, Noel and Ajith and his three year old son in a claymore mine blast at 10.10pm Wednesday. A senior PLOTE spokesman in Vavuniya said that the mine had been planted to destroy the MP’s vehicle as both police and military did not use this particular road which leads to Shanmuganathan’s Rambaikulam residence. He was returning after attending a function at a temple near the Vavuniya SSP office. PLOTE blamed the LTTE for the attack. MP’s wife and three more policemen had been wounded. It was not clear how LTTE infiltrators managed to enter the area to set the mine. Rambaikulam is situated well within the "secured" area. An undisclosed number of PLOTE cadres operate in the Rambaikulam-Kovilkulam area. Asked whether Shanmuganathan had been provided with bodyguards from the organisation, a spokesman replied in the negative. "All his bodyguards were Sinhalese police constables," he said adding that personnel who got caught in the explosion had been with the MP for a long time. PLOTE leader and Vanni District MP Dharmalingham Siddarthan reached Vavuniya yesterday. He was not available for comment. However PLOTE officials said that infiltrators had stepped up activities. Shanmuganathan was earlier scheduled to preside over a series of events in Vavuniya yesterday in connection with "Veera Makkal Thinam" [Heroes Day]. Number of events were organised beginning last Monday [13] to commemorate slain party leader Uma Maheswaran and other leaders who died fighting the government forces, IPKF and the LTTE. Yesterday was the last day PLOTE sources said. Shanmuganathan had been among 100 PLOTE personnel who donated blood at the beginning of the events on Monday. At the time PLOTE matched LTTE’s power. He was among the large number of PLOTE cadres arrested and detained for at least one year by Indian military authorities. Later PLOTE ended its campaign against the government and commenced supporting operations against the LTTE. In 1993 he contested and won a seat of the Vavuniya Urban Council. At the last parliamentary elections of August 1994 he entered the parliament representing the Vanni. Police said this attack was the second recent attack against PLOTE politicians in the Vavuniya District. In June LTTE attacked MP Vythilingam Balachandran’s residence situated at Anna Street, Pandarikulam. One police bodyguard died in the attack. The MP, his wife and five children managed to escape unhurt. Attackers had caused extensive damages to the house before removing the MP’s van. Interestingly the van was found at Rambaikulam where the latest killing occurred. Currency smuggler nabbed at BIA A Sri Lankan who allegedly attempted to smuggle out 30,000 US dollars concealed in his travelling bag was taken into custody by the Customs at BIA on Wednesday night. The suspect was on his way to the Maldives. The cash was found concealed in a denim trouser which was in his travelling bag. The youth had earlier travelled 31 times to Bangkok, Maldives and Singa-pore, it was revealed. He was fined Rs. 1.9 million by Assistant Director, Airport Customs, Leslie Gamini. The ditection was made by Airlanka security officer, K. H. L. P. Shantha and Assistant Customs Superintendant Seneviratna Banda. Ravi Karunanayake (Lalith Front) Member of Parliament has resigned from the post of coordination activities and functions of the Port Development, Rehabilation and Reconstruction Ministry. Mr. Karunanayake in his resignation letter addressed to the Minister of Plan Implemation and Parliamentary Affairs, Jeyaraj Fernando-pulle states: 'You are well aware that I pursued, and continue pursuing the Air Lanka privatisation to expose the ill effects of the inimical privatisation, which recently took place. 'I find, despite the public outcry regarding the manner in privatising state assets, we once again read and hear through the nationally owned electronic and print media that the government contemplates the privatisation of QEQ (Alienation is more appropriate). 'During the debate on Air Lanka, unable to defend on facts related to the subject matter, various illogical claims were brought forward in defaming me, saying. I had vested interest in the subject. Luckily the general public was intelligent enough to read between the lines. 'Once again, being a member who believes in privatisation, but opposes the manner how the QEQ is going to be privatised, I wish to resign from the Post of Co-ordination of Activities and Functions of the Ports Development, Rehabilitation and Reconstruction to which you appointed me on the 25th of May, 1998. I believe we must stand up to our conviction of what is right, and not who is right. Therefore, my resignation will help quench the thirst of anybody who would state that I have a vested interest, and it will permit me to freely express my views on a broader forum, enlightening the ill effects to the country, of the proposed QEQ privatisation. In conclusion, let me thank you for the confidence placed in me, in appointing me, and hope you understand the reason that compels me to stand down.' Special
Presidential Commission During cross examination of recalled witness W. K. B. Weragama, General Manager Railways (GMR), counsel for the party noticed produced a document written by former Minister of Transport, Srimani Athu-lathmudali, which states that the GMR at the time, Tissa Gunasekera, informed her that the railway could not take over the factory, at the end of the John Holland contract. This was said before the Special Presidential Commission probing into alleged malpractices in public bodies. The Commission comprises Justice P. R. P. Perera (chairman), Justice H. S. Yapa and Justice F. N. D. Jayasuriya. Former GMR P. W. A. K. Silva is the party noticed in the inquiry. Silva who served as GMR from 1991-1994 was accused of misuse of power during his term of office. He has been required to show cause as to why he should not be found guilty of misuse of power for certain acts in respect to transactions related to the establishment and functioning of a concrete sleeper manufacturing plant by John Holland International Ltd. of Australia. Ranjit Abeysuriya PC with Ms. Priyadarshani Dias appeared for the party noticed. Additional Solicitor General Saleem Marsoof PC with Ajith Wickramaratne assisted the commission. S. K. P. Bamba-rande is the secretary to the commission. Commission resumed proceedings at the Superior Courts last Wednesday (15). Witness said that there was an understanding between the GMR at the time, Tissa Gunasekera and himself that the Railway would take over the running of the sleeper factory at the time of the John Holland contract. Witness also said that it would require two weeks to procure staff and a further one month to train them. Ranjit Abeysu-riya: By the Cabinet Memorandum dated August 16, ’95, the Minister of Transport at the time, Srimani Athulath-mudali seek an extra period until Dec. 31, ’95 for John Holland to complete the contract ? Witness: Yes. Q: In the memorandum, the Minister refers to a Cabinet decision taken on July 20, regarding the John Holland contract. Are you aware of what that decision was? — I think it was decided not to grant the extension. Q: Are you aware that the Minister sought an extension previously and that was the request which was turned down by the Cabinet in July? — Yes. I had seen that document when I went through all the documents earlier. The Cabinet Memorandum dated Aug. 16 is marked as P202 and the Cabinet decision as P202A. Q: Then the Minister, in the document of Aug. 16, pointed out that it was not possible for John Holland to complete the contract on the scheduled date and sought approval for an extension to be granted until December 31, ’95 ? — Yes and that was granted. Q: In P202, she states that the ‘Sri Lanka Railway has to take over the concrete sleeper manufacturing factory at the end of this contract’? — Yes. Q: When an extension was granted until Dec. 31, did you inform the GMR that you will be in a position to take over the running of the factory, once John Holland contract ends in December ? — There was an understanding that the Railway would take over when John Holland contract ends. Q: Did you convey that understanding between the GMR and yourself to the Minister herself? — No, it was not up to me. Q: Did you tell the GMR that you and he together could take over the factory, given the opportunity? — Yes. Chairman: You say it was not within your purview to inform the Minister? — Yes. Q: Did you tell the GMR to inform the Minister? — No. Q: Why didn’t you, if you were really in the position to take over? — Because I was not at all against the State Engineering Corporation (SEC) taking over and running the factory at any stage. So there was no necessity for me to tell the GMR to tell the Minister that the Railway could run the factory. Chairman: The GMR was aware that the Railway could take over the factory ? — Yes. Q: I suggest to you that you pretended that the Railway was in a position to undertake the running of this factory. This is something fabricated by you? — I deny that. Justice Jayasu-riya : Do you accept that it was a pretense? — I deny that. Q: Are you aware that on November 30, ‘95, the Minister in her own handwriting, addressed a document which stated that ‘no proposals have been submitted by the GMR with regard to the future of the program, even though he informed me that the Railway will not be in a position to undertake this work’? — This is the first time I have seen the letter. Counsel: Will produce the document. ASG: Let the witness answer the question. Were you surprised or aware that the Minister had written such a letter? — I’m not at all surprised. Because by Nov. we had several discussions with the SEC regarding this. The decision was taken for them to take over and on how it would be handed over to the SEC. This is all documented. Chairman: There was an understanding between the GMR and you, that after the John Holland contract was over, there was a possibility of the Railway taking over. In that situation, were you not surprised by the Minister’s letter stating the GMR has informed her that the Railway will not be in a position to take over the factory ? — It was an internal memorandum within the Ministry. We had formal discussions with SEC earlier and arrangements on how the hand over the factory. By the time the letter was written, decisions were taken. Chairman: Is it correct to say that the railway was not in a position to take over ? — No, it is not. Witness said his position was that the letter was out of context. Since decisions had already been taken before the writing of the letter. Chairman: Do you think that the GMR would have told the Minister, that the Railway was unable to take over the work in the factory ? — I don’t think he would have said that. Chairman: Because he was aware that within a six week period, the Railway could have found the required staff and completed the training, to take over the factory ? — Yes Chairman: In that situation one cannot understand as to why the GMR told the Minister that the Railway could not take over the running of the factory. Do you think it is unlikely that the GMR said such a thing?- It is unlikely. But I am sure of one fact. I never said that the Railway was unable to take over the factory. Commission is proceeding. Govt. collects Rs. 7,000 m by
way of GST The Government has collected Rs. 7,000 million from the newly introduced Goods and Services Tax (GST) for the two month period of the first quarter ending June 30, the Deputy Commissioner (GST), Department of Inland Revenue, P. Guruge told "The Island" yesterday (16). According to Guruge, these taxes have been collected from approximately 10,000 businesses registered up to date under the new taxation scheme. Guruge added that of 20 cases of illegalities in implementing the scheme by certain businesses referred to the Department by the Special Unit on GST commissioned by the Ministry of Internal Trade, only two cases "may be looked towards possible prosecution, due to the lack of evidence in constituting legal action against offenders. "Many of the cases we have received are to do with the initial lack of knowledge or awareness in the legalities of the scheme, which are quite natural in the transitional period of such change of taxation schemes. These have been looked into and solved. In the others who are mostly those who have charged without registering with the Dept. the offenders have agreed to pay back so we will not prosecute. "There is very little action we can take against these offenders till the laws are in place. We can register them forcibly and ask for the taxes to be paid with penalties or take them to Courts which is yet to happen, that is all", he said. "We have faced difficulties in implementing the scheme with some of the Board of Investment operations especially in the garment sector where we are not provided with correct information. So making refunds become a problem. We have also faced a few operational problems such as lapses in the computer programming, etc," he added. "Commenting on the price increases in certain consumer goods being experienced, he added that many businesses have actually used the GST scheme to increase prices without there being a reason for any. "We are aware that a number of reputed companies have used the GST to increase their prices and when we inquire they say that it is only due to fluctuations that this increase has taken place. Another reason they give is that they are unsure if the Government will increase the tax rate in the near future and they increase as a precaution against any. But we want to assure that as far as we are concerned there will be no such increase. there is no reason for these price increases," he said. He asserted that under the existing provisions of the Inland Revenue Dept. and the lack of a proper price control mechanism in the country there was little protection the Dept. could give the consumer. "We can't take any action against such increase as price control is out of our context. It is the business community that needs to be mindful of the ethics involved. There need to be a proper regulatory authority with more powers to take necessary action against offenders. There is very little room in the Consumer Protection Ordinance as well that protects the consumer. "There are a few countries that have effected temporay price control till such new tax schemes settles in a country and is properly absorbed. The pricing aspect should have been looked in to before the scheme was implemented and the Special Unit on GST established before too," he added. He also cited the existing scheme of the Provincial Councils being devolved with the authority of collecting taxes under the 13 Amendment as a difficulty faced by the Department. "Until this is amended both authorities will continue to collect," he noted. Suicide jackets, cyanide capsules meant for city target? Police probing the recovery of suicide jackets and cyanide capsules from a trade stall at Jampettah Street, Colombo last Tuesday (14) suspect that these deadly items had been brought there about three years back and were awaiting orders from Tiger leader, Prabhakaran to carry out an attack on a target in the city. (NP) WAN calls for release of Turkish journalist The World Association of Newspapers (WAN) has urged Turkish Prime Minister Mesut Yilmaz to change Turkey's restrictive press laws and free journalist Ragip Duran, who was jailed for 10 months for an interview he conducted with the leader of the outlawed Kurdistan Workers' Party (PKK). 'The jailing of Mr. Duran for carrying out his professional duties as a journalist is a clear breach of his right to freedom of expression.' The President of WAN, Bengt Braun, wrote in a letter to the Turkish Prime Minister. Mr. Braun called on Mr. Yilmaz to respect international conventions on freedom of expression. 'We strongly urge you to examine all possible legal options to rescind the court ruling against Mr. Duran, and call on your government to implement meaningful legal reforms to end the prosecution and imprisonment of journalist in Turkey,' said Mr. Bruan, whose Paris-based association represents 15,000 newspapers in 90 countries. Mr. Duran, who has worked for several Turkish newspapers as well as the British Broadcasting Corporation, Agence France-Presse and the French daily Liberation, began serving a 10-month jail sentence on 16 June for violating Article 7 of Turkey's Anti-Terror law. The conviction stems from an interview with Abdullah Ocalan, leader of the outlawed PKK, which appeared in the now-defunct daily Ozgur Gundem on 12 April 1994. His sentence was confirmed in October 1997 but he received a postponement of sentence that was activated on 16 June. WAN sent a delegation to Turkey last year to meet with top officials and urged them to change laws that restrict freedom of the press, but the government continues to claim it has the right to restrict reporting on the Kurdish independence movement. Six doctors charge sheeted for alleged negligence The Ministry of Health has recently issued charge sheets to six doctors attached to the Hambantota Base Hospital in connection with the death of Mrs. Niranjani Kumari Siriwardene (20) on December 16,1997 allegedly due to negligence by the hospital staff, Ministry sources told ‘The Island’. The husband of the victim G. R. Dilan Prasanna in a letter on December 26, 1997 requested Minister of Health and Indigenous Medicine Nimal Siripala de Silva to hold an impartial inquiry into the sudden death of his newly married wife. The letter alleged that the death had occurred due to the negligence of a Consultant Physician who was in-charge of the ward where the patient was admitted to. The victim had been admitted to the ward 2 of the Hambantota Hospital on December 11, 1997, according to the letter, her condition had become critical on 15th. While the patient had been struggling for her life no doctor had visited her despite a number of appeals made by both nurses and a person who was with the patient at that time. Though the doctor had reportedly stepped into the ward while the condition of the patient was critical he had refused to see her for unknown reasons, it is further alleged. Ultimately the patient had died at the Matara Base Hospital a few hours after she was transferred there from the Hambantota Hospital. Minister de Silva promptly appointed a committee to investigate the incident and it handed over the report of its preliminary inquiry to the Ministry recently. |
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