Ranil Wickremesinghe Government faces a acid text before the Supreme Court in a Writ Application filed by the lawyer Public Interest Litigation Lawyer, against the defunct Corruption Commission for its failure to enforce law against an individual responsible for denying several hundreds millions of tax revenue.
Dr. PB Jayasundera
The Petitioner Nagananda Kodituwakku states that every citizen is under duty to respect and honour the Rule of Law and the Bribery and the Corruption Commission was not an exception. The law requires it to investigate on plausible complaint made against any individual who had abused office to cause any loss to the government.
With evidence to support his case presented to Court, the Petitioner states that the former Secretary to the Treasury Dr P. B. Jayasundera had suppressed a major revenue fraud inquiry initiated by the Customs Department against a powerful individual who had abused tax-free permits to embezzle hundreds of millions of rupees.
The Petition filed in Court states that after the said customs investigation into this fraud was initiated on 12th November 2012 DR P. B. Jayasundera had directed the Director General of Trade and Tariff of General Treasury to issue a Circular withdrawing all restrictions imposed against unlawful disposal of duty free permits and according the said directions the DG, Trade an Tariff had issued a circular on 15th November 2012, withdrawing all restrictions imposed unlawful transfer of tax free permits.
However, when some Customs Officers decided to challenge the validity of the said false Circular, Dr Jayasundera himself had issued a Circular backdating it to 09th Nov 2012 that was a date prior to the commencement of the Customs Investigation.
The Petitioner states that despite this abuse fell within the Bribery and Corruption Act, giving the Commission ample power to inquire into the complaint, it absolutely failed to inquire into the complaint made against Dr Jayasundera and to enforce the law against him.
Therefore, the Petitioner had challenged the failure on the part of the Corruption Commission to initiate credible investigation, before the Supreme Court, seeking a Writ of Mandamus compelling it to initiate a credible investigation against Dr P. B. Jayasundera.
Douglas / August 7, 2015
Anyway better late than never. The petitioner being a lawyer plus one who was handling that customs case should have come forward long before the elections and we would have seen the “circus”. I have always maintained that this PM is not “clean” because he is very slimy and crooked in many ways of handling matters of politics as well as administrative affairs. There was one “Silva” who appeared in this web and defended RW as if he is a “God sent” to protect Sri Lanka. I hope he will appear on behalf of his “Leader” in courts and defend him. I invite that “Silva” to appear again and let us know what his defense could be.
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Dinuk / August 7, 2015
Similar investigations must e launched against Ajit Nivard Cabraal and Arjuna Mahendran who are two unqualified insider traders who ran the Central Bank and profited from currency manipulations and insider trading.
They needs to face criminal prosecutions – like Raj Rajaratnam in the US for insider trading.
Public Interest litigation cases should be against Nivard Cabraal for losses to the EPF and ETF funds and for huge losses incurred to the people of Sri Lanka for the Hambantota Commonwealth Games bid for another white elephant circus..
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Supun Jayawardhane / August 7, 2015
where is this Dr Jayasundara today ?
Is he back to lanka as is the case with Mr 10% ?
If not why the bugger be hidden outside ?
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KAUTILYA / August 9, 2015
Please note that before the open market system was introduced, after Mrs B’s defeat in 1977, the $ rate was Rs 6.00 to 1 U.S.$. Then a ROLEX was about Rs 2,500.00 at Cargills. So it is possible that Dr Jayasundara’s father or God Father could afford that purchase. Those old Headmen had money, wealth and paddy fields traditionally inherited.
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Ken Dharmapala / August 7, 2015
Few months ago, The New York Times, published an article by an investigative reporter on the ownership of super luxury, multi-million dollar penthouse apartments in New York City. According to this report, many such properties are owned by Trusts, whose beneficiaries are other Trusts and so on, many of which are registered and managed from places like Cayman Islands, Seychelles, etc. The reporter alludes to the fact that the human beneficiaries of these properties are, among others, crooked politicians and public officials in Third World countries – countries like Sri Lanka.
After the last Presidential elections, Sri Lankan people wanted the corrupt politicians and officials brought to justice. The fact that these people stole from various projects and deals is quite evident from the highly inflated prices paid for contracts or for procuring loans at well above market rates, and other mischief. Yet, no one could be prosecuted through proper legal processes.
The problem is to find evidence as to where the stolen money is stashed. When the politicians and public servants accused of such fraud say, “show the evidence”, they know pretty well that the stolen money is well protected through international transactions passing, and laundered, through places like Seychelles.
The international companies to whom these contracts are awarded, or from whom goods are procured at inflated prices, know how to process the commissions through their books with no one ever knowing – and most importantly no one from the country where the fraud takes place. If one had worked in the Central Bank or in the Finance Ministry at senior level, one would know very well how to work these rackets.
As a result all this, the mega crooks will never be caught. Only avenue available to the countries, whose pockets were picked by politicians and public officials, is to prosecute them on infringements of procedures. And that too can only lead to finding someone guilty of some procedural “error” rather than gross theft of public money.
And what about the billions and billions of stolen money? Ah! They are invested in New York Penthouses and rented out to provide an endless stream of super incomes to these thieves to keep on shouting hoarse from political platforms and parliament as to how patriotic they are!!
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justice / August 7, 2015
Ken Dharmapala,
I found this website.
What you say is correct. Many of our own fraudsters including politicians must be owning real estate in New York city.
https://www.google.ca/?gws_rd=ssl#q=ownership+of+super+luxury+multi+million+dollar+penthouse+apartments+in+new+york+city
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justice / August 7, 2015
Taxes paid on super luxury apartments in New York city are a very small fraction of the real taxes owed.
http://nypost.com/2015/03/09/new-yorks-super-wealthy-pay-less-on-property-taxes/
Hence this is the best place to invest ‘black money’.
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maalumiris / August 7, 2015
@Ken Dharmapala
Rather a far-fetched assumption on your part, no ? Sri Lanka is not even mentioned . Seems you have simply decided that Sri Lanka must be included in this – No evidence of course but who needs evidence when rhetoric and rumor will suffice, right ?
‘Billions and Billions’ is a favourite and much-publicised slogan today. Yet no one has found the smallest iota of evidence of these ‘Billions and Billions’ OR, if they have, the present government is making sure that it’s predecessors are well-protected.
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Ken Dharmapala / August 8, 2015
Read the report by the Moratuwa University don on what the roads should cost and what was actually paid.
Do you really think that those who steal from the public purse leave incriminating evidence so that they could be charged by a future government? Are you so naive?
The only way to determine whether there had been fraud, and in a massive scale at that, is if what was paid for a project is substantially more than what is reasonable. When politicians and public officials get commissions in the order of few percentages, they go unnoticed. But when the amounts are massive (ie, in billions and billions as in the case of road construction example) there is clear circumstantial evidence of some fraud had taken place. Such is the case with Rajapakse Projects.
The mere fact that there is no direct evidence does not mean that there had been no theft.
One of the first acts of corrupt politicians (and public officials) is to dismantle well established checks and balances in the portfolios they control – like getting rid of qualified and honest financial officials and appoint their own lackeys who would rubber stamp any fraudulent deal with contractors. Of course the lackey gets a cut too.
That is why Sri Lanka should have strong, powerful and independent institutions which can keep an eye on these rogues. For instance no major contract should be awarded without qualified public officials vetting all the details AND KEEPING ALL DEALINGS TRANSPARENT FOR THE INTERESTED PUBLIC TO SCRUTINIZE.
My comment is not only to the Rajapakse regime. Previous governments too have been corrupt. But Rajapakse regime took it to a new and deeper low level.
The fact that the NYT article does not mention Sri Lanka is obvious. The whole article is about how these rogues HIDE their ill-gotten wealth through Trusts (legal entities that can own property) and the identities of the human beneficiaries of the stolen wealth are securely hidden through other trusts operating from places like Seychelles.
By the way many Sri Lankans who defend the Rajapakse Regime’s ill doings are not doing so because they believe that regime was honest, but simply because they think that a resurgent Rajapakse will not give in to devolution. In short their defense of that corrupt regime is merely to advance their own xenophobic ideas about Sri Lanka. But that is another subject.
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Harry Hatton / August 7, 2015
PB has all the village values-self promotion, pundit, insecure, bumming the bosses, lording over his subordinates, thinks only he knows it all, ridiculing and demeaning junior officers, listen to tales, ingratiate himself to the political boss; but in reality a hypocrite and fraud.An excellent product of 1956.
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Ken Dharmapala / August 7, 2015
Brilliantly put! Yes, there are many of this kind of people, the products of 1956, who are a disgrace to professionalism of the public service. Yet, there are others too, also products of 1956 and with village background, who are exemplary public servants, university teachers, professionals, etc. 1956 did produce all kinds people from all walks of life.
The products of 1956 who are the worst scum in the country are those who rose up from humble beginnings and put on airs and turned their backs on their impoverished origins. And there are crooks who used their elevated positions to rob the country. And then there are the racial and religious bigots who ruined this country. And still others who aped the West they decried even to the extent to erase the mother tongue from their privileged children and take up ballroom dancing!
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NAK / August 7, 2015
While it is true that the guy had all the ill qaualities you mentioned I’m puzzled how attribute them to village values. There are ego maniacs every where regardless they are from village or city.this is one of them who led MR up the garden path.
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Pot Shot / August 7, 2015
I am happy this is being initiated because there are deals within deals to cover each others back irrespective of the political parties they represent. The public is taken for a big ride by both the gov and the opposition.
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Mr External Resources / August 7, 2015
Punchi Banda Jayasundera is a first class commission agent who hails from Nikeweratiya.Once he wore a gold Rolex watch.On been questioned how he got it PBJ cooly replied that his late father had gifted it to him on his 21st birthday.In the rush to answer the question the fool had forgotten that his father was a poorly paid Headman from Wanni Hathpathu !!
The story had of course a good ending.PBJ never wore that watch again!!
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ram / August 7, 2015
What PB meant was that it was a gift from his Godfather( Father to some!!!)
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Wera / August 7, 2015
How dare you make up such an absurd heading for this piece. “Credibility Of Yahapālanaya Challenged In Supreme Court”
Koheda yanne malle pol. Do you think that the interim GOV can investigate every case sent to the B.C. It is chaired by a crook who refuses to leave and throws a spanner in the works. If he was kicked out then you will write endlessly about how unfairly he was kicked out, about not following due process etc. etc. The B.C. has to be reconstituted. In order to do that the Commissions have to start functioning. Who sabotaged that effort? The very scoundrels who work for MR. You sure know how to spin a web of deceit.
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