.

Same announcement made 4 years ago
Death Penalty being brought back

The president has decided that the death penalty, which has not been carried out in Sri Lanka for the past several years, will be reapplied for murder and drug trafficking cases where the courts have imposed such a sentence, the presidential secretariat said in a news release yesterday. These changes are to come into effect immediately.

Such sentence would be carried out if the judge who heard the case, the Attorney General and the Minister of Justice unanimously recommend the execution of such sentence in accordance with the relevant constitutional and statutory procedure, the release said.

Although capital punishment is pronounced in the courts, the president has been commuting such sentences to terms of life imprisonment and no hangings had been carried out in Sri Lanka since June 23, 1976.

The official release said that where death sentences have been commuted to life imprisonment , in the absence of unanimous recommendation to do so, such terms of imprisonment will not be further reduced for at least 20 years and the prisoner concerned will not be eligible for any remission under general amnesties till then.

"This is a change from the present practice of considering such a reduction after a prisoner has served a period of 4 years," the release said.

It has also been decided that general amnesties will be granted only to mark Independence Day, reducing the grant of such amnesties from six annual occasions. Further, only one week's remission for every year or part of an year already served would be allowed on each occasion, down from three weeks at present.

"In any event, this remission will not be granted to persons convicted of serious crime such as rape, child abuse, robbery,

unauthorised possession of firearms, acts of terrorism and drug trafficking," the release said.

Although the government announced the re-implementation of the death penalty in June 1995 after the passing by parliament of a resolution by PA backbencher Bharatha Lakshman Premachandra, this decision was not implemented. On that occasion, Justice Minister G.L. Peiris told a hurriedly convened press conference that the justice ministry will seek the advice of the trial judge and the Attorney General about commuting such sentence and if one such authority recommends commuting, this would be done.

This is very similar to the procedure the presidential secretariat has now announced.

Yesterday's news release said that the president had been concerned "for a considerable time" about the alarming increase in crime. This trend appears to have set in during the last two decades.

"The erosion of traditional values under impact of a laissez faire economic policy devoid of any humane element followed by the previous government, was accompanied by a liberal attitude towards criminal elements. Persons in high position consorted with notorious figures of the underworld. Criminals convicted of rape and criminal assault were given presidential pardons, some of them being elevated to positions of Justices of the Peace. A very liberal policy of granting remissions to prisoners was introduced," the release said.

It said that the president was of the view that one of the immediate measures to be taken to arrest the present trend in crime is to follow a more stringent policy in the grant of remissions of sentences imposed by the courts.

Negative list issue stalls Indo-Lanka trade agreement

By Sumadhu Weerawarne
The status quo continues in the bilateral trade agreement between India and Sri Lanka, with Sri Lanka taking its time over responding to the offer made by India. Informed sources said that the stalemate was likely to continue with preparations for the forthcoming Foreign Ministers conference.

India, according to informed sources, has offered to remove tea from its negative list, bringing it under the 50 per cent tariff concession bracket. The catch is that even then Sri Lankan tea exports would be on a quota basis, which would have to be negotiated. This it appears is a far cry from what was anticipated for Sri Lanka through the free trade agreement. Sources said that the concession offered by India on garments which was to have been in the negative list originally continues to stand. The concession is that garment imports from Sri Lanka subject to a stipulation on quantity would be brought under the halved tariff bracket.

The negative lists were exchanged informally a fortnight ago in anticipation of the agreement coming into force on March 1. The implementation was stalled with a disagreement on what was contained in India's negative list. The negotiations since then have been through the High Commissions of the two countries. Sources said that Sri Lanka has yet to respond "positively or negatively to the proposals made by India". "Sri Lanka has not submitted any counter-proposals," sources said.

Sri Lanka's negative list reportedly contains 1300 items while India's negative list contains 350-400 items.

news
Protesting DIGs back in service?

Two senior DIGs who sent in their retirement papers in September last year over the appointment of senior DIG, Lucky Kodituwakku to succeed the then IGP, W.B.Rajaguru, have been named Directors of the Secretariat of the Election Monitoring Committee.

The Secretariat has been established at the conference room of the Public Administration, Home Affairs, and Plantation Industries Ministry.

Retired seniors DIGs, Kingsley Wickramasuriya and Gamini Gunawardene will be incharge of running the Secretariat, a senior government spokesman said yesterday. Both Wickramasuriya, Gunawardena, Rajaguru and Kodituwakku were among the officers recalled to service soon after the PA assumed office.

The two retired officers have been given authority to get in touch with President Chandrika Ku-maratunga, the Chairperson of the Elections Monitoring Committee.

It was established on February 25 to oversee a violence free elections in five Provincial Councils.

Authoritative officials said that there were no big differences in responsibilities given to the Secretariat of the Election Monitoring Committee and the Police Election Secretariat headed by DIG, O. K. Hemachandra.

They privately admitted that the Election Monitoring Committee has al-ready suffered a serious setback as a result of the failure to get the police to remove posters, banners, billboards and other propaganda material. The Election Moni-toring Committee on March 4 set a 72 hour deadline for political parties to remove propaganda material and warned of police action to remove them at the end of the deadline.

However, even after 10 days after lapse of the deadline nothing has been done to remove propaganda display. [SF]

To be or not to be in the Election Monitoring committee

The UNP and several other party leaders met at Colombo mayor Karu Jayasuriya's official residence yesterday morning to discuss whether they should continue their participation in the Election Monitoring Committee, UNP sources said.

The meeting took place in the wake of exhortations by the UNP Working Committee and Parliamentary Group to withdraw from the committee.

A decision in this regard will be taken shortly, the sources indicated.

230 election related complaints

by Kalinga K. A. Weerakkody
The number of the complaints reported to the police elections secretariat from the five provinces in connection with the forthcoming PC poll, has so far shot up to 230, official sources said yesterday.

PA activists had lodged 101 complaints while UNP and JVP had made 81 and 21 complaints, respectively.

The other complaints had been lodged by Sinhalaye Maha Sammatha Bumi Putra Party (SMBP), Ceylon Workers Congress (CWC), Kandurata Janatha Congress (KJC), Nawa Sama Samaja Party (NSSP), New Left Front (NLP), Lanka Janatha Workers Union (LJWU) and Pragathi Sheelinge Peramuna (SLPF). Sixteen others have been made on an individual basis. The majority of them was reported from the Central province, police sources said.

Meanwhile, police were placed on the alert in Gampola as the funeral of PA activist W. M. Wimalasooriya who was killed in last Wednesday's political clash was scheduled to take place yesterday.

UNP spokesman Dr. Karunasena Kodituwakku told 'Sunday Island' yesterday that disciplinary action will be taken against any party member found involved in the clash. He said party activists had been advised not to get involved in any violence and anybody found to have done so, will be taken to task, he warned.

The UNP wants a free, fair and violence-free poll, Dr. Kodituwakku said.

Kandy District UNP MP R . M. Abdul Cader and three others were last Friday remanded till March 26 by Gampola Magistrate Tudor Gunaratne in connection with the clash.

Death penalty: law in the statute will follow

By Sumadhu Weerawarne
The government yesterday announced a change in its policy decision to desist from carrying out capital punishment. This comes in the wake of a spate of gruesome killings since the beginning of the year.

Minister of Justice and Constitutional Affairs Prof. G. L. Peiris yesterday told "The Island' that a policy decision had been taken to carry out the death penalty in cases where the trial judge, the Minister of Justice and the Attorney General were in agreement that such a sentence should indeed be carried out.

"There must be unanimity among the three parties for the death sentence to be effected," he said. Commenting on the fact that the death penalty had never really been abolished, he said that capital punishment had not been exercised for reasons of clemency. But that the provisions had been there in the statute books. "It was available in theory," he said.

President's Cou-nsel Tilak Marapana commenting on the fate of those prisoners on death row said that now that there was a change in policy decision, the course of action set out in the statute would follow. He said that in terms of the statute, the decision to commute the death sentence into life imprisonment or otherwise taking into account whatever the extenuating circumstances was in the hands of the President, who would do so after calling for reports from the trial judge, the Minister of Justice and the Attorney General.

He said that in the finality it was a decision whether the person deserves to live or die, depending on the circumstances surrounding the particular case.

Commissioner of Prisons P. Baskarasingham commenting on decision to carry out capital punishment said that the death penalty was effective as a deterrent but that the existing system must also change. "This system must change if the death penalty is to be effective," he said.

Currently there are about 100 convicts on death row including pending appellants. The last execution was on June 21, 1976.

Graduate PC promoted ASP

by Chittaranjan De Silva
A graduate police constable attached to the Peliyagoda Police has been promoted to the rank of probationary Assistant Superintendent of Police (ASP) with effect from March 7, 1999. This elevation has been made after Kithsiri Jayalath, who served as a Police Constable, though he was a graduate, passed the competitive examination consisting of two question papers, as required, to become an ASP, SSP Rienzie Perera said.

Jayalath who hails from a middle class family is a native of Kurunegala. He had joined the police force and worked as a constable for over five years.On gaining entry to the university, he had not given up his job as a PC, but continued to pursue his studies as well. His efforts were rewarded when he obtained his degree from the University about a year ago.

It's a long process which involves and a lot of hard work for a police constable without the required qualifications to ascend the ladder and reach the rank of even a sub inspector, according to police sources.

A Chief Inspector who has 15 years experience is also eligible to apply for the post of ASP and Inspectors who have completed 10 years experience have to sit a competitive exam consisting of five question papers to qualify to become an ASP, SSP Riezie Perera said.

Acknowledging the rarity of such a promotion, he said that even in case of a police constable who has the drive and the initiative to climb higher, it would take as long as 20 years for him to become an ASP.

Ravi sues Srimani

Mr. Ravi Karunanayake, MP, is suing United Lalith Front leader, Mrs. Srimani Athulathmudali, for Rs. 500 million damages for wrongful expulsion and suspension from the party.

Karunanayake said yesterday that a letter of demand had been sent within 48 hours of the Supreme Court judgement holding that his expulsion, endangering his Membership of Parliament, was invalid.

The ULF working committee has been summoned to a meeting today (Sunday). Karunanayake loyalists claim that Mrs. Athulathmudali, who withdrew the expulsion order on the MP just before the court case was taken up, is in a minority in both the working committee and political committee.

Asked whether she is expected to attend this meeting, a spokesman for this group said that "she is most welcome." But such attendance was considered unlikely if she commands minority support there as claimed by Karunanayake loyalists.

Alick Aluwihare, two sons and two others discharged

Matale Magistrate D. M. T. B. Dissanayake last Friday discharged UNP MP Alick Aluwihare, his two sons Wasantha and Rajith and two others who had been charged with attempted murder and with aiding and abetting the commission of such an offence, with unlawful assembly and causing grievous hurt to a PA supporter with stones and clubs.

The Aluwih-ares were discharged on a direction of nolle prosequi by the Attorney General while the other two accused were discharged by the Magistrate.

The five were charged before the Matale Magistrate by the Matale Police following an alleged incident at a UNP propaganda drive held on March 15, 1996.

Wasantha Aluwihare, former Central Provincial Council Minister, was charged with attempted murder of a PA activist, one Dharmaratne Dissa-nayake, while the Matale District MP Alick Aluwihare was charged with aiding and abetting the commission of this offence.

Gamini Weera-kkody, the 4th accused and Ujith Anuradha the 5th accused were charged with causing grievous hurt to another PA activist Priyantha Fernando, by assaulting him with stones and clubs. The four accused along with the former Matale Mayor were charged with unlawful assembly.

The Magis-trate had earlier discharged Ujith Anuradha on the assault charge but the charge relating to unlawful assembly was allowed to stand.

On Friday the Magistrate acquitted Ujith Anuradha on all charges and referred the charge relating to the 4th accused Gamini Weerakkody to the conciliation board.

After the 1994 General elections, Alick Aluwihare and members of his family were charged by the Matale Police in a number of post-election violence cases. So far the Aluwihares have been acquitted in every single case.

These cases attracted the attention of the general public and the precincts of the court was filled to capacity.

After the judgment the accused and Buddhika Kurukularatne, counsel for the accused were garlanded by an enthusiastic crowd.

Mr. Wasantha Mara-singhe, State Prosecutor assisted by P.S.6941 Sunil of the Matale Police prosecuted. Mr. Buddhika Kurukularatne defended all the accused.

Import of vehicles with duty concessions
Minimum service period done away with for political appointees

by Suresh P. Perera
Private secretaries, public relations officers and co-ordinating secretaries to Cabinet Ministers, Deputy Ministers and the Speaker are among the category of public officers exempt from the requirement of a minimum service period to apply for concessionary duty free vehicles, authoritative sources said.

The decision to allow the import of motor vehicles on concessionary terms by public officers was announced by Deputy Finance Minister, Prof. G. L. Peiris in the 1999 budget speech and is effective from November 5, 1998.

The government officers excluded from the minimum service period requirement are private secretaries and co-ordinating secretaries to chief ministers and deputy speaker, private secretary to the opposition leader and the deputy chairman of committees, advisors/consultants to the President and to Cabinet Ministers, mayors, deputy mayors, chairmen and vice chairmen of Urban Councils and chairmen and vice chairmen of pradeshiya sabhas and chairman and members of Public Service Commission and chairman, Provincial Public Service Commissions.

However, in the case of public officers entitled to this facility, only one such official is eligible during the term of office of the minister/deputyminister/speaker/chief minister/deputy speaker/opposition leader and deputy chairman of committees.

Treasury circular No. 866, dated February 22, 1999 has listed those for whom the minimum service period is not applicable, under the category 'political and other special recruitments'.

All other public officers holding permanent posts and confirmed in service should have completed a minimum of 5 years continuous service at the date of application. In the case of Central Bank officers in staff class (Grade II) and above holding permanent posts, the requirement is a minimum period of 10 years continuous service as a staff officer.

For the three armed services and the police officers entitled for this concession are, Army - Lt. Colonel and above, Air Force - Wing Commander and above, Navy - Commander and above and Police - Assistant Superintendent and above.

Under this scheme, each officer is entitled to import one vehicle irrespective of the number of posts he/she holds. A payment of 25% and 40% of the CIF value of a petrol vehicle and of a diesel vehicle respectively, and the National Security Levy must be paid at the point of import, according to the circular.

The cylinder capacity for petrol vehicles is 1500cc and 2000cc for diesel automobiles and the maximum age of the vehicle imported should not be over 3 years from the date of maunfacture, the circular, sent to all ministry secretaries, heads of departments and corporations, has set out.

Public officials entitled to this concession belong to stipulated categories, among which are government managerial services, departments, ministries, judicial officers, law officers, legal officers, medical officers, public service, courts, universities, parliament and public corporations as defined in the Finance Act No. 38 of 1971 and government owned companies.

200 police, armed forces men indicted for disappearances

by Shamindra Ferdinando
About 200 police and armed forces personnel have been indicted for their alleged involvement in disappearances between January 1988 upto 1995, the Secretary to the Presidential Commission of Inquiry into Involuntary Removal and Disappearances, M. C. M. Iqbal said last week.

In an interview with The Sunday Island, Iqbal said that legal action had been initiated against 200 personnel, mostly police for their alleged involvement in disappearances.

Asked whether any senior armed forces or police officers had been indicted so far, he replied in the negative.

The majority of cases had been filed in courts at Kalutara, Matara, Hambantota, Galle and Ratnapura.

"The most senior officer we were able to indict held the rank of ASP', he said.

A large number of reserve police personnel were among those indicted so far. Iqbal beleives that some of the personnel indicted were likely to reveal the involvement of senior officers in involuntary removals and disappearances. Some of the indicted had already left the service.

The government was able to launch an inquiry into the Chemmani disappearances because a soldier, Somaratne Rajapakse angered by his conviction for the rape and the murder of a school girl revealed the existence of the so-called Chemmani mass graves. Information provided by Rajapakse ultimately led to a pre-exhumation survey to ascertain if the Chemanni mass grave said to contain about 400 bodies had been tampered with.

Iqbal said that he believes that some of the personnel indicted for disappearances could bare the involvement of high ranking police and armed forces officers in extra-judicial activities.

He said that a hand picked team of investigators under the directions of a retired DIG was in charge of the investigations. The majority of disappearances though not all, were linked to the Janatha Vimukthi Peramuna [JVP] inspired insurgency. Many disappearances had taken place even after the insurgency came to an end in 1989.

California court order against four Sri Lankans under adjudication by Colombo district judge

by V. Varathasuntharam
A Civil suit filed to execute a decree and an enjoining order issued by Superior Court of California against four Sri Lankans on charges of fraud and enriching themselves at the expense of the plaintiff Kancer Foundation Health Plan, USA is for adjudication before Colombo District Judge A. W. Salam.

The suit filed by Kancer Foundation Health Plan, USA seeks a declaration that 611, 775/12 sterling pounds remitted by Barclays Bank to an account off Union Bank of Colombo was its property .

Kancer Foundation Health Plan, USA is the plaintiff in the case. Ron Karunaratna, Nehal Karunaratna, Lance Kan, Defence J. Karunaratna, and Union Bank of Colombo Ltd and Bank of Ceylon are the defendants in the case.

The plaint filed by the plaintiff through Gunawardena and Ranasinghe Associates stated that the plaintiff arranges for provision of medical health care services on a non-profit basis, to persons residing in the State of California.

The first and second defendants were engaged in a business under the name of "Med-Frans" that purported to provide transport services to patients requiring kidney dialysis and other medical treatment in the State of California.

The plaintiff operates a program known as a "Health Plan" in terms of which interalia the plaintiff sometimes pays the cost of transportation services used by patients who require treatment for Renial diseases including kidney dialysis.

From or about 1993 onwards, the first and second defendants submitted invoices to the plaintiff and claimed moneys from the plaintiff.

In the belief that, the 1st and/or 2nd Defendants had provided the Transportation Services set out in the said Invoices and in the belief that the claims for payment therein made by the 1st and/or 2nd Defendents were genuine, the Plantiff has From 1993 onwards, paid on the said Invoices.

An internal investigation carried out by the plaintiff in the month of July 1998 revealed that the vast majority of the said invoices were false and fraudulent.

This investigation revealed, inter alia that, many of the patients in respect of whom the 1st and/or 2nd Defendants claimed payment for illegal transportation had, in fact, not had any dealings with them. In at lease one instance, they had submitted an Invoice claiming monies for the transportation of a patient who had died long before that date and that, the purported physician authorisations submitted by the Defendants along with the Invoices were fraudulent and/or forged and that, the 1st and/ 2nd Defendants had submitted vast number of duplicate claims for payments.

On September 3,1998 the Superior Court of California held that the Plaintiff had established the probable validity of the claim and that the plaintiff had the right to attach all monies held by the defendants.

Superior Court of California also issued a temporary restraining order against the defendants preventing them from transferring their property or including money lying in Bank accounts.

Thereafter, The Superior Court of Calfornia, in the aforesaid case, has issued a Temporary Restraining Order against the 1 - 2nd, 3rd and 4 Defendants and some others, inter alia, restraining them from transferring their property including cash and monies lying in current accounts, saving accounts and deposit accounts maintained by them and the said order remains in force to date.

The plaintiff has become aware that the said moneys had been transferred to an account in the defendant Union Bank of Colombo Ltd .

The Plantiff has the right, title and beneficial interest in the said sum and in the proceeds and all property purchased from such proceeds:

The 1st and/or 2nd and/or 3rd and/or 4th and/or 5th and/or 6th defendants hold the said sum and the proceeds thereof and all property purchased from such proceeds, for the benefit of the plaintiff.

The plaintiff is entitled to the restitution of and to recover the said sum and the proceeds thereof and all property purchased from such proceeds.

The plaintiff pleaded for a declaration that, defendants are in the position of Constructive Trustees and hold the sum of sterling pounds 611,775/12 remitted by Barclays Bank.

The plaintiff also pleaded for a declaration that, the sum of sterling pounds 611,775/12 remitted by Barclays Bank PLC, Jersy on or about 23rd July 1998 to the credit of the 5th defendants account No 416531010 with the 6th defendants Bank.

The defendants have filed answers. The fifth defendant in her objection stated that the said monies had been remitted to her joint account in the Union Bank. There relevant monies were transferred to Royal Bank of Canada. She was willing to hand over the balance money which is now Iying in Sri Lankan currency.

Religious ceremonies to commemorate Ven. Weligalle Aggananda Nayake Thera

A series of religious ceremonies held on a grand scale at the Jayasumanarama Temple at Bulugahagoda, Ganemulla recently to mark the third month of the demise of the former chief incumbent of the Vihara, the Ven. Weligalle Agganande Nayake Thera, culminated in a ceremony where alms was offered to over 100 members of the Maha Sangha.

The event which lasted for one week proved to be the biggest crowd puller in the hamlet of Bulugahagoda in known times with devotees from the neighbouring villages and all other parts of the country turning up in their numbers. Members of the Maha Sangha numbering over several thousands also participated in these week-long ceremonies which were organized by the Dayaka Sabha of the vihara under the able guidance of the ven. Bohettiye Ananda Nayake Thera, the new chief incumbent of the Vihara. Ven Ananda Thera, is also the acting Nayake priest of the Buddhist Vihara, Leicestershire, England.

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