Ex-Attorney General In Hot Water For Favouring Ravi Karunanayake In Money Laundering Case

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Former Attorney General Yuvanjana Wijayatilake has been accused of abusing his office and for unethically granting favours to Finance Minister Ravi Karunanayake.

Ravi Karunanayake

In a letter addressed to the Chairman of the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) yesterday, Nagananda Kodituwakku, an Attorney-at-Law and Public Interest Litigation Activist claimed that Wijayatilake had abused his office by offering favours to Karunanayake, which according to Kodituwakku falls within the offence of corruption as defined in the Section 70 of the Bribery Act.

In an affidavit filed along with the letter, Kodituwakku said that he had ‘credible evidence’ against the ex-Attorney General in favouring Karunanayake, in the US $ 3 million money laundering case connected to Raj Rajaratnam, the founder of the Galleon Group.

Kodituwakku claimed that ‘apparently’ due to political pressure Wijayatilake, absolutely failed to perform the public office he held as required by law, whereas in a similar case where the accused Basil Rajapaksa, a former Minister in the Rajapaksa administration, was served with a faulty indictment, the Attorney General carried out his duties as required by law by serving an indictment afresh on the accused Basil Rajapaksa.

The activist pointed out that according to law and tradition the office of the Attorney General in the Republic of Sri Lanka, holds the office endowed with powers, onerous duties and special rights in regard to matters involving the exercise of sovereignty of the people which include the Executive, Legislative and Judicial power. And the Attorney General represents and acts for the people of Sri Lanka and not for any organ of the Republic of Sri Lanka, that exercise undeniable sovereign rights of the people purely on trust.

“And it has been observed by the concerned citizens that the abuse of office by the persons who held the office of the Attorney General has already caused tremendous damage to the credibility in the office, resulting in an erosion of the people’s confidence in the office which had been openly abused to please the Executive, completely disregarding the constitutional duty vested in the person who holds the office who is under duty to perform it with due respect and regard to the sovereignty vested only in the people and those abuses have clearly resulted in the deterioration of the public trust placed in the judiciary,” he said.

Therefore, with a view to restore the public trust and confidence in the office of the Attorney General, without which the norm of representative democracy is unworkable, Kodituwakku requested the Commission to initiate a credible and independent investigation into this complaint in terms of Section 4 of the Act No 19 of 1994.

The four page affidavit by Kodituwakku submitted to the CIABOC chairman is below;

Affidavit

I, Nagananda Kodituwakku, a citizen of Sri Lanka and the UK, a public interest litigation activist, an Attorney at Law (Sri Lanka) and a Solicitor (UK), being Buddhist, currently residing at 99, Subadrarama Road, Nugegoda, do hereby solemnly and truly declare and affirm as follows:-

1. I am the affirmant above-named and I affirm to the facts herein contained from my personal knowledge and by reference to records available to me, and I do so with a sincere hope to restore the deteriorating trust and confidence in the Office of the Attorney General by the people, a fundamental necessity to convey a message to any person appointed to the office of the Attorney General that he performs the office according to rules of reason and justice, and not according to the private opinion and that the executive power vested in the office of the Attorney General shall be exercised within the limits, which an honest person competent to discharge the office ought to confine, having in mind that the power conferred in the office solely to be used for the pubic good, and not for the benefit of any other person in authority or the person holding the office which is held in trust for the public, to be exercised in good faith according the constitutional oath taken to be faithful to the Constitution and the law and perform the office honestly and faithfully, only upon lawful and relevant grounds of public interest, bearing in mind that the accountability of actions is certainly an important facet of good governance and is of paramount importance ensuring that the person holding the office of Attorney General does not abuse, misuse or overstep the powers he has been entrusted which shall only to be used for lawful purposes.

Credible Complaint on corruption concerning the Attorney General Y Wijayatilake

2. I state that in the HC Case No. 4648/2009 (decided on 18th May 2015) Mr Ravi Karunanayake, the person now holding the public office of the Minister of Finance was indicted before the High Court of Colombo, in which he was accused for his connivance in the commission of a very serious money laundering offence involving 3 million US dollars, which he had received from one Raj Rajarathnam, who is now serving a 11-year prison sentence in the US.

3. I state that after Mr Maithripala Sirisena was elected to the office of the Executive President at the Presidential Election held on 08th Jan 2015, a new government was formed in which Mr Ranil Wickramasinghe, was appointed to the office of the Prime Minister and the accused Mr Ravi Karunanayake appointed to the office of the Minister of Finance.

4. Thereafter on 18th May 2015, this case, which was initially taken up at the High Court No 1, was heard at High Court No 4 before the HC Judge Iranganee Perera who was about to be retired from the Office.

5. At the hearing, an objection was raised on behalf of the accused Mr Ravi Karunanayake, by his counsel that the indictment served on the accused was flawed. Inter alia, the primary objections were raised that the accuracy about the date of receipt of the money referred to in the indictment, (3 million US Dollars sent by Raj Rajarathnam) as referred to in the Charge 1 to 4. The indictment refers to the deposit of funds in the account No 1122258 – 02 at the Standard Charted Bank, Kirulapona, whereas the dates referred to in the indictment did not clearly specify whether the dates given therein referred to the date of receipt of the funds in Sri Lanka or the date on which the said funds were credited to the account referred to therein.

6. As there was a clear ambiguity in the said indictment the Court declined to proceed with the matter on the basis that the indictment was defective. Accordingly, the accused Mr Ravi Karunanayake was discharged, however with specific reference made to the legal right of the Attorney General to serve an indictment afresh to the accused Mr Ravi Karunanayake.

(A true copy of the Order made by the Court dated 18th May 2015 marked X1 is attached hereto).

7. I state that despite the fact that the accused Mr Ravi Karunanayake had never been exonerated by the Court, the media, based on interviews had with him, reported that he was exonerated from all the charges leveled against him in the indictment, which was absolutely false and tantamount to deceiving the public.

8. I state that after the discharge of the accused by the High Court, the then Attorney General Mr Yuvanjana Wijayatilake, apparently under political pressure, absolutely failed to perform the public office he held as required by law, whereas in a similar case where the accused Basil Rajapakse, a former Minister in the Rajapakse administration, was served with a faulty indictment, the Attorney General performed the office as required by law by serving an indictment afresh on the accused Basil Rajapakse.

9. I state further that it was manifest from the conduct and demeanor of the then Attorney General, Mr Yuvanjana Wijayatilake, that he had deliberately failed to perform the public office of the Attorney General as required by law and to serve an indictment afresh on the accused Mr Ravi Karunanayake, purely to confer the accused a favor or benefit.

10. And I state that if not for gross failure on the part of the Attorney General Mr Yuvanjana Wijayatilake, the accused Ravi Karunanayake would have faced the full force of law for his connivance in the money laundering case referred to above (HC/4648/2009) filed in the High Court of Colombo.

11. I state that any person holding the office of the Attorney General is required by law to perform the office honestly and faithfully, only upon lawful and relevant grounds of public interest and only for the public good, bearing in mind that the accountability of his actions is certainly an important facet and is of paramount importance, ensuring that the Attorney General does not abuse, misuse or overstep the powers he has been entrusted with only to serve the people and not to confer favors or benefit to any person who is charged or indicted before the High Court as in this case.

12. I state that the material facts presented herein to support the complaint clearly establish a prima facie case of abuse of office by the then Attorney General, Yuvanjana Wijayatilake for improper purposes, which falls within the offence of corruption as defined in the Section 70 of the Bribery Act, that warrants the Corruption Commission to initiate a credible and independent investigation into this complaint in terms of the Section 4 of the commission to investigate allegations of bribery and corruption act No 19 of 1994.

Read over, explained, affirmed
to and signed at Colombo on
this 09th day of March 2017
Before me

Justice of Peace

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27 Responses to Ex-Attorney General In Hot Water For Favouring Ravi Karunanayake In Money Laundering Case

  1. 11
    5
    Ravi KArunanayake was posting his money layndering case until the 100 day govt comes at that time, he went infront of a judafge and the Judge freed him. So, he is no longer accused of money laundering Soon after that, Judge retired. millions of dollars he got from Raja Rajarathnam we was spending to buy properties. Thus I heard. Ranil’s proise before the elction was to prosecute thieves and recover the loot.

    jim softy
    March 10, 2017 at 2:51 am
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    • 12
      0
      The US based TPG group has been selected by Eran Wickramaratne, Rani Wickramasinghe’s second to Economic Hit man, with Malik Samarawickrama, to take over Sri Lankan airlines without any due diligence. TPG group is a Texas based,, fly by night private equity firm that has cases against it for fraud in Greece where it is implicated in the debt crisis in that country.. IMF has never bothered to push for corruption investigations, or investigated the money trails via networks of secret off shore bank accounts of funds looted from Sri Lankan by corrupt politicians to pay off gigantic DEBT, but rather, pushes more loans to deepen the debt trap. Although IMF is supposed to be a global FINANCIAL GOVERNANCE institution, it promotes money laundering, never uses its experts to track money trails and corruption to pay of debts, and works for the Global 1 percent while impoverishing the rest of the world. Certainly Eran and Malik are following instructions of Washington DC – IMF and the right wing US Govt.’s Millennium Challenge Corporation which “advisers Ranil Wickramasinghe’s Economic Team and tries to control Sri Lanka’s Economic Policy and influence Security Policy via the IMF DEBT TRAP and the Super Ministry – Agency for Development., also in order to access information on foreign land ownership in Sri Lanka. MCC has promised 1 billion from US Govt. But the fact is the 90 percent of the 1 Billion from MCC will be spent on its over paid consultants and dubious contractors and shadowy US wealth funds and private equity firms like TPG Sri Lankan Airlines which was looted by Mahinda Jarapassa family and then Ranil Wickramasinghe and his economic hit men with impunity should be declared bankrupt and shut down, rather than given to a dodgy US fund that will generate more Debt for Sri Lankan citizens to pay. Ranil Wickramasinghe because his love affair with Washington DC’s deep state and Harvard’s Center for Interantional Development and MCC econocmic hit men and their corrupt neo-liberal policies to advance US deep State security interests via Debt Trap economic “advisors” makes him – Ranil – the most dangerous Prime Minister and Economic Hit man that Sri Lanka has ever had and the country will be doomed and damned to a massive Greece like crisis, unless the IMF and MCC is told to go to hell!

      Don Stanley
      March 10, 2017 at 8:30 am
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      • 12
        1
        Dead on Don! Ravi K. and bond Scam Ranil Wickramasinghe should be impeached for destroying the reputation of the Central Bank of Sri Lanka with Arjuna Mahendran. Ranil is very dangerous because he thinks he knows economics but does not! Ranil, Ravi K and Malik merely dance to tunes of IMF and Washington DC should be impeached for looting the Central Bank of Sri Lanka with impunity. Why has IMF not asked for investigation of bond scam at Central Bank and corruption at Sri Lanka Airlines as an conditional for IMF loans, rather than VAT taxes on poor people? The Blackguard, IMF’s Legarde got on great with Mahendran! Truth is that IMF is desperate for client states, and corruption, political cronysm is good for IMF business. This lender of last resorts hence promotes and NEVER INVESTIGATES FINANCIAL CRIME even though supposed to be a Global Financial Institution, because Corruption and money laundering in Asia and African countries and Greece is good for IMF, which works for the global 1 percent and helps loot countries and put them in a DEBT TRAP. IMF has very few clients and would have had to shut down before global financial crisis. In Asia except for Sri Lanka and Afghanistan it has not clients.

        Kalupahana
        March 10, 2017 at 12:35 pm
        Reply

        • 11
          1
          The South Korean President,Park Gun has been impeached for corruption. This story is very relevant to the Bond Scam in Sri Lanka. President Park’s financial crimes was less than Ravi K. and Ranil’s Bond Scam. She did not mess with the Korean Central Bank! Ranil and Ravi must be impeached – following the South Korean example.

          Dinuk
          March 10, 2017 at 1:38 pm
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          • 17
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            Why does our Finance Minister Ravi Karunanayake associate with Gangsters, underworld characters and the Sri Lankan mafia!? please stop damaging the UNP and any remaining faith the Sri Lankan voters have in you and this government…

            Silva
            March 10, 2017 at 4:31 pm
            Reply

      • 2
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        The US based TPG group has been selected by Eran Wickramaratne, Rani Wickramasinghe’s second to Economic Hit man, with Malik Samarawickrama, That is a Venture capital Group. they simply suck everything they can treat the employees as slaves and once the planes are rusty they leave.

        jim softy
        March 11, 2017 at 7:57 am
        Reply

    • 4
      2
      Whoever whatever being tempted to spread – at the time, PM decided to appoint former CB governer, the candidate was proved to be clean and highly intelligent person. Never he had any records to be named as a steathly person. So, here PM is clean as had been before. Basta.

      Desperate Sinhalaya
      March 10, 2017 at 3:37 pm
      Reply

    • 1
      1
      firstly investigate what happen to Lalith athlatmudalies millions of rupees kept with GaraRavi before his death.we know it was an inside job to kill Lalith and steal his money..

      mj
      March 11, 2017 at 2:05 am
      Reply

    • 1
      2
      Welcome to ‘the Good Governance of Sri Lanka’

      Antany Peter
      March 11, 2017 at 3:31 pm
      Reply

  2. 4
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    200Million rupee mansion on Parliament road . Hmmm. Wife is believed to be the cash collector. Bought up all the land surrounding his already big house. Ranil loves this guy because he was always loyal to Ranil. So UNP gonpaalana crooks are as filthy corrupt as those they replaced .But the barking dogs go on the offensive on social media everytime their corruption is exposed and attack MR. Sooner or later people will be sick and tired of hearing “but but they did this they did that” because nothing is happening in terms of dynamic development, infrastructure projects etc. Sirisena put his name on the opening stone at Shangri La in Hambantota district. Nothing has been started afresh except Hoawagen and Airless Tyres. Aiyo Sirisena.

    KalaVeddha
    March 10, 2017 at 5:42 am
    Reply

  3. 11
    1
    So! Naga is also a Solicitor of UK and a citizen there too. Nothing wrong. But that explains why he has the guts to confront the powers that may be here. Well Done! Keep it up! I voted for yahapalanaya on the understanding that there cannot be a case where some are more equal than others. All rogues must be brought to book. If we bring only the blue (now JO) rogues in then it looks as if it is a political witch hunt. Clean! Clean! Clean UP! Establish the rule of law.

    Good Sense
    March 10, 2017 at 5:42 am
    Reply

    • 1
      0
      If you like to know more about his honesty and courage, please dig into his past performances as an ordinary customs officer in the late 1970s or so. His performance made him look for refuge in the UK because of the threats to his life. May he be well, healthy and free from suffering.

      anonymous
      March 11, 2017 at 12:46 pm
      Reply

  4. 7
    0
    Mansion is coming up. Bought up with threats and heavy pressure all the adjacent plots of land and is building a massive house. Arrogant and low down crook from the days of Freudenberg and Hayleys and CSC etc. Everyone knows Kumaranayagam. His name was Ravindran Karunananayagam whose mother was a playmate of Lalith Athulathmudali’s. Was a low level secy to LA and LA acted the goat and moving most of his ill gotten wealth to this dickhead’s name. Like the last CSC ship that never came – and the 13th floor at the Hilton that disappeared into Cornel Perera’s wallet.

    KalaVeddha
    March 10, 2017 at 5:45 am
    Reply

  5. 8
    1
    Go Naga , you are a champion !!

    The Oracle
    March 10, 2017 at 6:32 am
    Reply

  6. 12
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    If PM & President are honest, also if the Yahapalana is sincere, Ravi should be subjected to an investigation by CID and exonerate the govt. from wrong doing. If not Govt. has to accept that they are all corrupt based on various accusations and evidence.

    Adrian
    March 10, 2017 at 11:18 am
    Reply

  7. 8
    0
    Thank you Naagaa, Galleon is as guilty as a cat who shat on a rock..But he got away with it. No wonder Franklin Templeton took away their Funds which belong to mums & dads worldwide. Galleon is so upset that the total FT took away is USD 1400 Million in just last six months. And Dr Harsha is angry., Dr Harsha the UNP Whizz kid says Templeton is with the Rajapaksas and they want to help the Opposition. That is why Temple took USD 400 Million last month. Never heard bumkum like that from even AL Economists. Did Dr Harsha get his PhD from Cargills?..

    K A Sumanasekera
    March 10, 2017 at 1:50 pm
    Reply

  8. 2
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    I wonder, when a president, a strong one, a fearless one was fell to ground because of protecting crooks and swindlers, not long ago, we now have a government which does the same shamelessly. What are they thinking? I believe there is more than what you see in this drama. It’s all act scripted and staged by MR, Ranil, MY3, Rajitha, Managala, TNA, LTTE etc.etc. So we just entertain ourselves in vain, just another day to allow them to flourish at our expense.

    Nuwan
    March 10, 2017 at 2:51 pm
    Reply

  9. 5
    1
    The most unsuitable person as the finance minister, Economy will go up! up in smoke!

    srinath gunaratne
    March 10, 2017 at 5:51 pm
    Reply

    • 1
      3
      Even if Dr Harsha De Silva, Eran or any others would be FM, nothing will change easily. Your unedcuated masters left in pieces. All gods should see it let alone today and punish them on the spot. Meeharakas of your nature, will support Rajapakshes for one single reason – then only the culprits can become kings. More I dont need to share in terms of your stupidity. YOu are even worst than any average rural man though you continue your refuge in the UK:

      sama
      March 10, 2017 at 6:41 pm
      Reply

    • 1
      1
      That is the reason why International Community named him as the best finannce minister. You should have more brains. ….

      Sama
      March 10, 2017 at 6:52 pm
      Reply

      • 3
        0
        That is why Temple took their money and ran…….. Heheheheheeeeeee

        K A Sumanasekera
        March 11, 2017 at 2:21 am
        Reply

  10. 1
    0
    That is the way forward!

    George Abraham
    March 10, 2017 at 8:27 pm
    Reply

  11. 0
    1
    Nothing will come off this as facts are otherwise. The 3 mil dollars came in to the country officially to buy shares of the Union Bank. The Central Bank was notified and correspondence thereof is available as proof. It is for this reason that Ravi K could not be convicted for money laundering. Imagine if Ravi K had the slightest involvement whether MR would let him go scotfree for ten years? Only MR could do was to harass him.

    gamini
    March 11, 2017 at 12:28 am
    Reply

  12. 1
    0
    What I can’t seem to digest is that the government in power is being caught for scams with evidence but no action or concrete evidence has risen against the previous government, which I think is due to current yahapalanya weakness. Only stupid cases, such as mis using of vehicles are being pushed and the major crimes are tucked away due to reasons I which cannot understand. They are on a self destruction mode !!

    S F Somar
    March 11, 2017 at 12:54 pm
    Reply

  13. 3
    4
    Dear Colombo Telegraph Editor and Admin, be-aware that Mahinda agents are using and abusing your media out fit,. most articles published are kind of gossip news with pre-meditated attack on Gov,. and comments are following in an unified pattern,. be vigilant. Thank you.

    Rajeev
    March 11, 2017 at 2:33 pm
    Reply

  14. 1
    0
    The law should apply to everyone equally , whether a Minister in the government in power or not.

    Eddie Wijesuriya
    March 12, 2017 at 4:54 am
    Reply

  15. 2
    0
    What complete lies! The Colombo Telepgraph is a genuine disgrace. The former AG was always extremely neutral in his decision making and it is ridiculous that such falseness accusations are published. A major issue is the fact that the libel laws in Sri Lanka are so poor and it is so difficult to prosecute online media such as this newspaper. We talk of freedom of the media but we forget the media shouldn’t be publishing complete fabrications.

    Anon
    March 13, 2017 at 4:55 am
    Reply

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