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Justice Delayed in Anti-corruption drive in Sri Lanka – ACF

(ACF logo)

The Anti-Corruption Front (ACF) commenced its operations on January 14, 2015. Following the defeat of the Rajapaksa administration, we requested concerned citizens to send in complaints regarding various financial irregularities which had taken place since 2008. We received information concerning bribery, corruption, abuse of state property and other such matters. We verified the complaints and collected the necessary documents/evidence with the assistance of experts in different fields. The ACF facilitated the national challenge of ‘A Corruption Free Country By 2020’ campaign. The ACF has since used independent experts, who work on a voluntary basis, to prepare our complaints.

The ACF has thus far sent over 420 detailed complaints to the necessary law enforcement authorities, namely the CID, the FCID, the Commission to Investigate Allegations of Bribery or Corruption, crimes divisions of the Police and the Special Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges. As a follow up exercise, we had a close look at the complaints made by the ACF and those made by a few other individuals.

FCID

The Financial Crimes Investigation Division (FCID) has completed investigations into a number of complaints we lodged and had subsequently sent the files to the Attorney General’s Department for legal action to be taken. However, the former Attorney General and a Senior Solicitor General prevented further action from taking place and that is the reason why we criticized the Attorney General during the last few months. We also feared that a corrupt officer might be appointed as the new Attorney General. Now however we have hope with the new appointee to the post of the Attorney General and we are carrying out daily activities to remind the relevant authorities and the public of the irregularities which took place during the Rajapaksa administration. Given below are details of the complaints pertaining to which action had been delayed.

Cases which have been submitted by the FCID to AG

(AG has not responded with advice in regard to these cases)
Case Persons Involved & Amount Current Status
 

1.      Investigations into Financial irregularities in the Sri Lanka Tourism Development Board of the Ministry of Tourism revealed that SLR 5.7 Million had been misappropriated.

 

–        Former Head of the Tourism Development Board Mr. Bashwara Senanka Gunatilaka

 

–        D.S. Jayaweera

 

SLR 5.7 Million

 

Charges are to be filed under the Public Property Act

 

– Delay in AG Department

 

2.      The Ministry of Economic Development initiated a program called “Yali Pubudamu” or Rise Again in which there were financial irregularities.

 

 

–        Former Minister of Economic Development Mr. Basil Rajapaksa

 

–        Mr. Liyanage (Ministry)

 

Amount Undisclosed

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

3.      Financial irregularities during the appropriation of Sri Lankan Insurance back to the government.

 

 

–        Former Secretary to the Ministry of Finance Mr. PB Jayasundara

 

Amount Undisclosed

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

4.      The misappropriation of SLR 4.8 Million at the State Engineers Cooperation by its former chairman.

 

 

–        Mr. Raj Edirisuriya

 

SLR 4.8 Million

 

Status of charges and indictments unknown

 

–        Delay in AG

Department

 

5.      Violating tender procedures when awarding the contract to obtain diaries worth over SLR 1.4 Million by the Ministry of Housing and Construction.

 

 

–        Former Minister of Housing and Construction Wimal Weerawansa

 

–        Former secretary of the Ministry of Housing and Construction Mr. PH Wimalasiri

 

SLR 1.4 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

6.      Case Number B26907/3/15 at Colombo M.C in relation to irregularities in housing deals connected to former Minister of Housing and Construction Mr. Wimal Weerawansa

 

 

–        Former Minister of Housing and Construction Mr. Wimal Weerawansa

 

–        Mr. B.K.J.K.Perera

 

Amount undisclosed

 

 

 

 

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Colombo MC is unknown

 

 

7.      Process followed by the Minister of Housing and Construction Wimal Weerawansa to award control over a land worth SLR 306 Million to his wife Mrs. Shashi Weerawansa.

 

 

–        Former Minister of Housing and Construction Wimal Weerawansa

 

–        Mrs. Shashi Weerawansa the Wife of Former Minister Wimal Weerawansa

 

–        Mr. C.S.Ranasinhe.
 

SLR 306 Million

 

FCID investigations are complete

 

–        AG’s advice unknown

 

Note – Mrs. Weerawansa is also under investigation for passport fraud and BOI company related fraud.

 

Case number B/40/2015 at Kaduwella M.C. re Land purchases, involving Mrs. W.Weerawansa,

 

 

8.      Financial irregularities in the MILCO Company of the Ministry in relation to SLR 60 Million.

 

 

–        Suspects undisclosed

 

SLR 60 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

9.      Financial irregularities in the “Isurumath Nivahanak” project conducted by the Divineguma Department under the Ministry of Economic Development involving SLR 2990 Million.

 

 

–        Former Minister of Economic Development Mr. Basil Rajapaksa

 

–        Former Ministry Secretary Dr. Nihal Jayatilaka

 

–        Director General of the Divineguma Departme Mr. RAA Ranawaka

 

SLR 2990 Million

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

10.  Financial fraud during a national meeting of the Divineguma Department in 2014 for obtaining and using SLR 63.7 Million without Treasury approval.

 

 

–        Former Ministry of Economic Development Mr. Basil Rajapaksa

 

–        Former Ministry Secretary Dr. Nihal Jayatilaka

 

–        Director General of the Divineguma Departme Mr. RAA Ranawaka

 

SLR 63.7 Million

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

11.  Illegally diverting and utilizing SLR 19.4 Million (US$ 15,000) of fund suspected to be from the Sri Lankan Ports Authority to the Pushpa Rajapaksa Foundation at the Main Branch of the Peoples Bank of Sri Lanka.

 

 

–        Mrs. Pushpa Rajapaksa the wife of former Minister Basil Rajapaksa

 

–        Mr. Mahendra Prabath Rajasinghe

–        Mr. NB Nandasiri Yapa

 

–        Manabarana Wanigasekara

 

Amount Undisclosed

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

12.  Defrauding the Cabinet of Ministers and the Sri Lankan State by forcibly acquiring the Ceylinco – Helsmeier Project and establishing the Sink Lanka Hotel Project under Number 43 of the 2011 revival of underperforming enterprises initiative.

 

–        Mr. Gamini Senarath the former private secretary to former President Mahinda Rajapaksa.

 

–        Mr. Kuda Balage Jinadasa

 

–        Mr. Neil Bandara (secretary Ministry of Law and Order)

 

–        Mr. Ajith Nivaard Cabraal the former Governor of the Central Bank of Sri Lanka.

 

Amount Undisclosed

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

13.  Case Number B25389/1/15 at Colombo C.M. Court connected to Money Laundering by former additional secretary to former president Mahinda Rajapaksa Mr. Gamini Senarath

 

* Case could be in reference to number 12 case of corruption on list

 

 

Mr. Gamini Senarath the former private secretary to former President Mahinda Rajapaksa.

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Colombo MC is unknown

 

 

14.  Case No. 474/2015 at Fort M.C. dealing with Hedging Fund involving SLR 200 – 700 Million
 

 

–        Mr. Ajith Nivaard Cabraal the former Governor of the Central Bank of Sri Lanka.

 

–        Former Secretary to the Ministry of Finance Mr. PB Jayasundara

 

–        Mr. Ashantha De Mel former head of the Ceylon Petroleum Corporation

 

–        Mr. L. Karunaratna

 

SLR 200 – 700 Million

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

–        Status and progress of case in Fort MC is unknown

 

15.  Case No. 24327/2015 at Chief (Unknown) M.C.(3) in relation to irregularities of Lanka Hospital shares amounting to SLR. 600 million

 

–        Former Secretary to the Ministry of Defense Mr. Gotabhaya Rajapaksa,

 

–        Mrs. Roshini Cabraalis the wife of former Central Bank Governor AN Cabraal

 

–        Mr. Nalaka Godahewa

 

–        Mr. Dilith Jayaweera

 

–        Mr. M. Medihewa

 

–        Mrs. Varuni Amunugama,

 

–        Mr. DPY. Wijesinghe

 

SLR 600 Million

 

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in MC is unknown

 

16.  Investigations of the May of Hambanthota Mr. Eraj Ravindra Fernando on financial irregularities in relation to SLR 17,592,903 worth of state money obtained using false names to provide pay for security guards through a security company owned by a politician while providing security to the Peliyagoda Fish Market.

 

 

–        Mr. Eraj Ravindra Fernando the Mayor of Hambanthota.

 

SLR 17 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

17.  Obtaining and paying SLR 2,821,538 without the consent of the Ministry Secretary to owners of Rice Mills who were not  registered with the Paddy Marketing Board and submitting false names by Paddy Marketing Board Chairman Mr. KB Jayasinghe.

 

 

–        Chairman of the Paddy Marketing Board Mr. KB Jayasinghe.

 

–        Mr. SKP Noor Mohamed Rafeek

 

SLR 2 Million

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

18.  Criminal activities in relation to the obtaining of 14,000 Carrom and Checkers worth SLR 39 Million by the Ministry of Sports and using this for Presidential Election activities illegally during the Presidential Elections.

 

 

–        Suspects undisclosed

 

SLR 39 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

19.  Financial fraud committed under sections 14 and 15 of act by using 573 workers from the Ports for election activities during the 2014 Uva Provincial Council and 2015 Presidential Elections while paying them full salaries and overtime payments.

 

 

–        Sathosa Chairman

 

–        Sathosa Deputy Director Brigadier Nandana Mallawarachchi

 

–        Former Minister of Sports Mahindananda Aluthgamage

 

Amount Undisclosed

 

 

 

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

20.  Case number B22467/1/15 at Colombo Chief M.C. regarding Money Laundering by former Minister Mahindananda Aluthgamage amounting SLR 3 – 27 Million

 

–        Former Minister Mahindananda Aluthgamage

 

SLR 3 – 27 Million

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Colombo Chief MC is unknown

 

 

21.  Stating that funds are needed to provide to citizens affected by floods in the Giriulla DS Division in December 2014 and obtaining SLR 6,146,110 from the Ceylon Petroleum Corporation and using these funds to buy dry foods to distribute illegally during the Presidential Campaign.

 

 

–        Former Minister of Petroleum Mr. Anura Priyadarshana Yapa (current minister of Disaster Management)

 

–        Former Chairman of Sathosa S. Amarasekara

 

–        Finance Controller Sanath Perera

 

–        TM Anura Seneviratne

 

–        Camapign office staff from Anura Priyadarshana Yapa’s campaign office

 

SLR 6.1 Million 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

22.  Spending SLR 91 Million without following proper procedures on the DA Rajapaksa Museum including using state land through the Urban Development Authority under the Ministry of Defense and Urban Development.

 

–        UDA Official Harshan De Silva

 

–        Former Secretary to the Ministry of Defense Mr. Gotabhaya Rajapaksa

 

SLR 91 Million

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

23.  Investigations on financial irregularities in MBSL Rathpath Company amounting to SLR 423 Million.

 

–        Mr. PD Kumara Lorenz Gajanayaka

 

–        Board of Management

 

SLR 423 Million

 

 

 

 

 

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

24.  Utilizing SLR 5 Million of Kotte Municipal Council funds to pay legal fees on behalf of the Mayor of Kotte Mr. Janaka Ranawaka in relation to a personal case.

 

 

–        Mayor of Kotte Mr. Janaka Ranawaka

 

SLR 5 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

25.  Selling a part of the land belonging to the Dalada Maligawa (Temple of the Sacred Tooth Relic of the Buddha) amounting to SLR 26 Million and not transferring this amount to the Temple account.

 

 

–        Head of the Temple or the Diyawadana Nilame Mr. Nilanga Daala Bandara

 

SLR 26 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

26.  Obtaining 31 vehicles from the Peoples Leasing Company on lease and not paying the monthly installments and not paying the interest accrued by not paying monthly installments.

 

 

–        Former MP Sajin Vass Gunawardena

 

–        Mr. Gamini Senarath the former private secretary to former President Rajapaksa

 

Amount Undisclosed

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

–        Attempt being made to make Sajin Vass a State Witness

 

 

27.  Violating tenders procedures from the Ministry of External Affairsby purchasing two super luxury buses amounting to SLR 35,900,000 and utilizing these vehicles illegally.

 

 

–        Former Chief Minister of the Uva Province Mr. Shasheendra Rajapaksa

 

–        Former MP Sajin Vass Gunawardena

 

–        Brigadier HDG Ranasinghe

 

SLR 35 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

28.  Fraud in relation to utilizing SLR 282,750,000 to obtain 66 vehicles under lease from the Peoples Leasing Company and pricing the vehicles above the market price.

 

 

–        Former Secretary to the President Mr. Lalith Weeratunga

 

SLR 282 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

–        Files referred to in the AG’s Department as “Uncle’s Files”

 

 

29.  Case Number B25166/3/15 at Colombo Chief M.C. TRC and Teleshan TV Network in relation to the distribution of Sil Redi during the 2015 Presidential Election

 

–        Mr. Anusha .Pelpita

 

–        Mr. Shan.Wickremasinghe, owner of Teleshan and brother of PM Ranil Wickramasinghe

 

–        Former private secretary to former President Mahinda Rajapaksa Mr. Lalith Weeratunga

 

–        Ven.V.Somananda Thero.

 

Amount Undisclosed

 

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Colombo Chief MC is unknown

 

 

30.  Requesting SLR 6.4 Million to approve building on a private land and obtaining SLR 1.5 Million as bribery.

 

 

–        Former Chief Minister of the Western Province Mr. Prassanna Ranatunga

 

–        Mrs. Moreen Ranatunga the wife of the former Chief Minister.

 

SLR 6.4 Million

 

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

31.  A breach of trust in relation to the art work of an Sri Lankan Artist of National heritage amounting to SLR 37 Million

 

 

–        Prof. Albert Dharmasiri

 

SLR 37 Million

 

Status of charges and indictments unknown

 

–        Delay in AG Department

 

 

32.  Case number B323/15 in Tangalle M.C. about Carlton Pre-school construction involving State Eng. Corporation Staff amount to SLR 35 million.

 

 

–        Information on suspects unknown – connected to Rajapaksa family from State Engineering Corporation.

 

SLR 35 Million

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Tangalle MC is unknown

 

 

33.  Case Number 8674/15 in Pugoda M.C. regardingEconomic Development Projects

 

 

–        Former Minister of Economic Development Mr. Basil Rajapaksa

 

–        Mr Thirukumar Nadesan the husband of former MP Nirupama Rajapaksa, cousin of former President Mahinda Rajapaksa.

 

Amount Undisclosed

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Pugoda MC is unknown

 

 

34.  Case Number B22468/1/15 in Colombo Chief M.C. on Wealth acquired of Dr.Priyath Bandu. Wickrema.

 

 

–        Dr. Priyath Bandu Wickrama was the former head of the Sri Lanka Ports Authority

 

Amount Undisclosed

 

 

FCID has completed investigation.

 

–        AG’s advice unknown

 

Status and progress of case in Pugoda MC is unknown

 

 

 

 

 

 

 

 

 

 

 

35.  Case Number B9825/15 at Kaduwela M.C. regarding CSN Channel involving ITN Directorate & Staff.

 

 

–        Son of former President Mahinda Rajapaksa Mr. Yoshitha Rajapaksa

 

–        Mr. Nishantha Ranatunga

 

–        Other CSN and ITN Staff members.

 

SLR 200 Million + Unknown

 

 

FCID has completed investigation.

 

–        AG’s advice to proceed under money laundering and fraud crimes.

 

Suspects have been charged and arrested without bail and are being investigated.

 

 

36.  Case Number B35/15 at Kaduwela M.C. regardingthe ownership of the building given to the Marriot Hotel in Dubai through Sri Lankan Businessman Mr. N.Lokuwitharna connected to former President Mahinda Rajapaksaamount to between SLR48 – 190 Million
 

 

–        Former President Mahinda Rajapaksa

 

–        Sri Lankan Businessman Mr. N. Lokuwithana owner of textiles and buyer of the Ceylon Steel Corporation plant.

 

Amount Undisclosed

 

 

FCID has completed investigation.

 

–        AG’s advice is unknown

 

Progress of case in Kaduwela MC is unknown.

 

37.  Case Number B27453/1/15 at Hultsdorf M.C. about Lanka Logistics Arms imports irregularities

 

 

–        Mr.Gotabhaya Rajapaksa,

 

–        Mr. PB Jayasundara

 

–        Mr. Mohan Peiris

 

–        Mr. Jaliya Wickremasinghe.

 

Amount Undisclosed

 

 

FCID has completed investigation.

 

–        AG’s advice is unknown

 

Progress of case in Hultsdorf MC is unknown

 

38.  Case Number 14. B/663/15 at Fort M.C. on Bank of Ceylon, Seychelles and transfer of funds and setting up of “Shell Companies”.

 

 

–        Unknown members and connections of former President Rajapaksa’s family.

 

Amount Undisclosed

 

 

FCID investigation status unknown

 

–        AG’s advice is unknown

 

Progress of case in Fort MC is unknown

 

 

 

39.  Greek Bonds purchase through Ajith Nivaard Cabraal in Petition Colombo M.C of 15.8.15 involving SLR  1257 Million

 

–        Mr. Ajith Nivaard Cabraal the former Governor of the Central Bank of Sri Lanka.

 

SLR 1257 Million

 

 

FCID investigation status unknown

 

–        AG’s advice is unknown

 

Progress of case in Colombo MC.

 

 

 

 

40.  Petition accepted in Supreme Court on 6.8.2015 regarding Vehicle Permits abuse

 

 

–        Suspects unknwon

 

FCID investigation status unknown

 

–        AG’s advice is unknown

 

Progress of case in Supreme Court

 

 

 

 

 

 

Rev. Ulapane Sumangala Thero,                                      Rajith Keerthi Tennakoon

Charimen/ACF                                                                         Advisor/ACF – Sri Lanka

 

 

March 8th, 2016

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