(Lanka-e-News -14.May.2016, 12.20PM) Lanka e news on 10 th of May posted a report captioned ‘ ‘‘3 months since new AG took office; Rajapakses and brigand still free ! AG dept. suffering from somnolence and somnambulism !
In that report there were three charges leveled . Two of those charges are tenable and pursued while the other is being dropped ,LeN wishes to reveal.
The two charges that are tenable and the evidence in support are hereunder …
1. The CID has concluded its investigations fully , and the file has been forwarded to the Attorney General (AG) over a year ago , yet the latter has delayed filing action in court . The evidence in support are hereunder ..
In the investigation into the assets of former chairman of Ports Authority , Priyath Bandu Wickremamuni, the AG department file Ref.No. is CR 1/271/15 pertaining to this investigation. The file was handed over to the AG’s department after investigations on 2015-05 -05 . As at today,one year and one week had elapsed since the file was handed over ,yet no action whatsoever has been taken by the AG’s department .This lapse is unpardonable under any circumstances.
2. The investigation into the diplomatic passport obtained after submitting false information by Wimal Weerawansa M.P. The file ref. No . at the AG’s department is 1 &E 284 /2015 and the date on which the file was handed to AG’s department is 2015-12-14 in this connection. Still no action has been taken to file legal proceedings in court.
So far there has been no notification that there are any lapses in the investigations ,meaning that the investigation is faultless. It is only the filing of proceedings in court which is the responsibility of the AG now. Hence such delays cannot be excused or pardoned. These cases must be duly filed even working overtime by commencing a system to work in the night with a view to clear the backlog , unless of course the AG;s department too is eager to toe the line of the bogus recruiting agency.
If employees are working in the night in factories , why cannot a government department similarly work in the night ? Certainly there is nothing barring them from working in the night.
In the news report dated 10 th May of ours , it was mentioned the wife of an assistant of the AG is a legal officer in the Coca Cola Co. and the police file pertaining to the investigation into the release of pollutants by Coca Cola Co. into the Kelani ganga had gone missing at the AG’s department . We are hereby withdrawing this statement .
Though she is the wife of an assistant of the AG , that is a civil case , and this AG’s assistant is only responsible for criminal cases. Therefore he is not linked to the Coca Cola file ,and that file is not lost.
In the circumstances , if the officer concerned have been hurt in any way owing to our report we tender our profound apologies to the , while also amending the report as afore-noted.
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by (2016-05-14 07:01:36)
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Attorney Generals Department Point of View
Over last 1 ½ years we have seen sporadic attacks on the AG’s Department on the one hand by the press and on the other the political lobby that everything including the Judiciary has gone through some cleansing formula by virtue of the change of Government and change of a few heads who were perceived to be Yes men for the Rajapakshe administration.
One has to take stock and reflect and then see how we can not only get back on track but like Singapore or South Korea become a better nation and adopt a holistic attitude in the restoration of the Administration of Justice as well as meet the aspirations of the people. In meeting the aspirations of the people, the public and civic society should be educated in a scientific manner. The sporadic utterances and staged TV shows of exposing deficiencies will not solve the issues.
There has to be a constructive analysis to see whether a cleansing exercise could be performed. Kenya is a country that went through a similar process. We could have our own Vetting commissions. This process should be devoid of foreign domination as to its direction. If not, we will have maggots like puppets on a chain. Who will head these committees or institutions or incompetent geriatric patients who engage to stimulate their brains in retirement. Not to make a constructive contribution, but to pick up or continue to pick up some perks from the hand of the West to supress development of infrastructure and institutions to meet their requirements.
In Sri Lankan history one could pick three personalities who have been bold to identify issues and then address them. Their engagement should end there. When they continue to engage they become part of the decayed system and introduce the very defects they set about to eliminate in a different form or sometimes worst. Felix Dias Bandaranayke was one who assisted in the Administration of Justice, Ex President Mr Mahinda Rajapakse and and his brother Gotabaya Rajapakse were the other two. All three could have been benevolent dictators but chose not to be so. We could not benefit like Singapore or South Korea. Ex President Premadasa to a limited degree had the passion but never the Capacity as he was short sighted and was more interested in form than substance.
Premadasa’s period introduced the slave culture, saradial type adminsitartion. Administrative officers, Judicial officers began to be interested in getting closer to the Politicians to obtain perks, cars, land, housing, allowances and by doing so smudged the distance that needed to be kept to act objectively and maintain separation of powers. The western culture, the vulture culture has grown. AG department started doing corporation work. It did not have time to deal with the public work on its plate, it went on to grab semi government corporate work. AG lost his stand in the LRC case but lived to fight another day. Premadasa saw opportunity and made use of it. The influence was subtle but it had an impact. Thereafter there has been no return. The beginning of the downfall of the institution.
The Present Government that is dominated by the UNP may have a popularity card by giving the semi government sector a choice to instruct the private bar like in the past and open the market up without the AG department having a virtual monopoly of the semi government work and promote them also to develop in-house representation as the Legal Market is already flooded.
The AG department personnel should be saved from slavery and paid a living wage for what they do. Should not be dependent on state hand-outs by way of perks. Seniority should not be the criteria for survival and promotion. It should be on output and capacity. The whole structure needs to change, survival by default should not be the criteria. Integrity should be no 1 and competence should be No 2. There should be no compromise. When dishonesty or conduct unbecoming is identified it should be nipped in the bud, changing scene and allowing such personalities to be in hibernation to resurface and command positions latter should be eliminated. It has given a wrong message. They take pride in what they have done. Chris Nonis saga is a classic example. Reward for doing something that some wanted done but did not know how to do it. This has developed to be a culture. This has to be opened out debated and eliminated. Sending thugs to deal with SC judges when decisions were given against the government. Such thugs eventually getting into commanding positions in administration. This has developed and become part and parcel of Political culture. It has not stopped there it has penetrated into all the main sectors of governance. All three sectors have used such ex convicts and the underworld. Their standing is above the Police. The culture has spread to some extent to the corporate sector also to employ such candidates at least as a driver. When the need arises they go into action.
We do not need to go into complex legal issues. We have the benefit of the eastern religious doctrines as well as the Western. The basic precepts if put into action and made fundamental obligations as opposed to rights that the west try to impose on us we can with our eastern values build up a better society.
The point is where do we start. Yahapalnaya is like a rotten tomato. Might 3 has not been able to get all things right. There aren’t many Mr. Cleans. Some perceived cleans have skeletons in their cupboards hence have to always look over their shoulder for the ghosts that follow them. Both parties need to nurture and breed some decent batsman who can keep the eye on the ball like Sanagakara. Your pockets will be safe, if the young concentrate on cleansing and building the young, like sujeeva, Eraj who can shoulder the responsibility and gradually see that the rotten can be discarded before long. If rotten remain there will not be a cure the cycle will carry on.
Likewise, AG department has to have a new approach, capacity building and strengthening by trying to grow officers like Mr.KMMB Kulatunga who did more than 50% of the civil work himself personally when he was SG. He had such capacity. Not that he did not have deficiencies. Don’t we all. But in terms of integrity and capacity to work with conviction there was hardly a match. Another who had similar capacity to grasp and deliver with refines who Sri Lanka failed to retain was now Professor. Suri Ratanapala. There were also some who were exceptionally good and committed who went off the rails for one reason or another. You need a mix of personalities, some who are slow and steady with firm roots of integrity, one could say on account of commitment or fear on account of religious conviction. It does not matter so long as they protect the institution and help each other like one unit to maintain the confidence and trust of the people not go to bed with the executive.
-- by upali jayatilaka on 2016-05-14
You cannot prove any charges against our great leader MR who was instrumental in emding the 30years old war
-- by Gamage punyasena on 2016-05-16
