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P.M. fully answers Anura Dissanayake’s questionnaire regarding controversial Avant Garde Co.

(Lanka-e-News -23.Oct.2015, 8.00PM) The chief opposition whip Anura Kumara Dissanayake M.P. presented a questionnaire to the prime minister (P.M.)  Ranil Wickremesinghe under standing order No.23(2) on 2015 -09-22 pertaining to the controversial Avant Garde Co.

Hereunder are the answers furnished by the P.M.today to all the questions raised by Dissanayake :

* Is the defence secretary empowered to take decisions in regard to national security ?  If he has no such powers , what is the action that is being taken against him  ?

Under section 52(2) of the constitution , the affairs of the three forces, other Institutions and departments under the state defense ministry will be carried out according to the orders  of the secretary to the State defense ministry under his purview..Under 2009 No. 35 of the security council chief Act  2(2) ,5 and 7(2) , the affairs of security council chief shall be monitored and administered by defense secretary , and are under him..

At the same time ,at  the security council meeting chaired by the president , special decisions shall be taken relating to national security. The defense secretary shall attend this meeting , and it is his duty to  implement those decisions taken.

However if any State officer including the defense secretary has acted in breach and trespassed on his limits of his powers, legal action can be duly taken.

* A.S.P. Liyanage who was the ambassador to Nigeria has signed as the intermediary in the agreement signed between Avant Garde of Sri Lanka (SL) and Nigerian Co.  Who empowered him in that regard? 

Currently the defense ministry of the government is not in possession of any documents that were supposed to be signed by A.S.P. Liyanage .

* Who is the official that gave authority to the  floating armory that ought to be in the international territorial waters to be anchored at the Galle habor?

The defense minister had authorised this armory to be in the international territorial waters . In this regard , the additional secretary to the ministry of defense and urban development , D. M.S.D. Jayaratne has informed the chairman of Avant Garde Co. by letter Ref.  MOD/UD/CS/FA/1 dated 2102-09-18. However the  defense ministry is not in possession of any letter that authorised the floating armory to be anchored at the Galle harbor. (annexure -1)

ii) Are there valid licenses for every weapon ?
The SL Government has not issued licenses to these weapons.

iii) Were the SL police aware of this floating armory that was at the Galle  harbor?
Until the police raided this armory on 2015-01-18 , there is nothing to confirm  that the  SL  police were aware of this

* What are the registers legally  in respect of each weapon ? Who monitors these weapons?

Under the weapons ordinance , there must be a valid license for every weapon  issued in SL by the defense secretary. The police is vested with the power to monitor them .

The licenses issued are of  the various countries to which these arms belong , and the arms have been undertaken and issued with the monitoring of the Navy .

* Among  the weapons in the floating armory what  are issued to the Sea Marshal ,the approval of the defense ministry should be obtained via the booking note.’  Was  such an approval obtained from the defense ministry ? What is the quantity of weapons so approved? Those weapons pertain to  what countries? In this connection what is the quantity of weapons that was not produced before the Sea Marshals?

No permission has been granted by the defense ministry to issue the weapons stored in the floating armory of Avant Garde Co. Hence the defense ministry does not have any records of the details of the quantity of weapons , or about the countries to which they belong

* Is it possible for Basnayake who was  holding the post of defense secretary , to exert pressures on courts abusing his powers while  pretending that he has such powers ? What is the action this government ought to take against him in this  respect? Will a probe be conducted into this and action be taken against him ?

Though the former defense secretary Basnayake responding to a written  request made by the CID , forwarded his observations on the withdrawal of th ban on foreign travel of the chairman of Avant Garde Co., he had not sent a letter to  the magistrate about it. In his observations  it is mentioned , since there is an on going investigation by the CID into Avant Garde ocean service (Pvt) security Co., it is appropriate that  the advice of the attorney general shall be followed because  foreign travel has to be undertaken without  hampering the  investigations (annexure 2). 

*I wish to ask from  the P.M., what is the action contemplated in relation to this floating armory at Galle harbor?

After the report pertaining to the investigation under way is received , the next step will be taken.

* Will measures be taken to  resume  an independent investigation into the charges against Avant Garde which was suppressed by the attorney general (AG)  following interference and pressures exerted by those in the top echelons of the government ?

No pressures had been exerted on the  AG nor had there been any interference in regard to Avant Grade investigation.Under no circumstances has  the AG suppressed the criminal investigations . Indeed , the AG has via letters dated 14 th June 2015  , 17th June  2015 and 6 th October 2015 advised the CID to continue with the Avant Grade investigations ,(annexure 3,4 and 5)

The AG has at no stage recommended that the case be witthdrawn or closed. Instructions have been clearly given to pursue the investigations. The bribery and corruption commission is already inquiring into the charges of bribery , while the police are conducting an exhaustive investigation based on charges under money laundering prevention Act 2006 No.5 . Therefore based on the grounds so far , a further investigation is unnecessary .

* Who is the official that vested the powers of the three forces and the police in Avant Garde and under what laws? How many underwent training under this program  and who are they ? How was it possible and with  whose authority  training in weaponry to foreigners was given ?

The defense ministry has authorized  the Avant Grade Co. to provide necessary training to ocean security officers under the training program.

* What is Avant Garde’s expenditure that is now under the microscope? Likewise , what are the Institutions, Foundations  and who are the individuals that  had received cash dole outs from Avant Grade , and on what basis? What are the amounts so received by each of them ? 

The Avant Garde Co. is a private Co. and the government has no report on its  expenditure and on its dole outs  . In any event the CID is investigatiing whether the Avant Garde Co. has committed an offence under Prevention of money laundering Act.

* On 2012-12-15 Rakna security Lanka bearing No. 36 , and Avant Garde Co. entered into a lease business agreement .Under this agreement , 50 % of the profits should be paid to  Rakna security Lanka . So far , how much has been paid as profits?

In addition to this aforementioned agreement , by an addendum on 2013-03-28 between the two parties,  the  net profit  payable to Rakna security Lanka Co. is 18 % . Accordingly , Avant Grade Co. has paid over Rs. 1014 million (Rs. 1014, 147, 312.20 ) ,  and over Rs. 475 million (Rs. 475,113,351.00 ) is the shortfall , Rakna security Lanka had recorded. 

(The relevant annexures are depicted in the photographs herein. )

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by     (2015-10-23 15:16:53)

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