{"id":186921,"date":"2018-02-01T11:08:15","date_gmt":"2018-02-01T05:38:15","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=186921"},"modified":"2018-02-04T20:03:00","modified_gmt":"2018-02-04T14:33:00","slug":"bondgate-report-watergate-without-nixon","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/bondgate-report-watergate-without-nixon\/","title":{"rendered":"\u2018Bondgate\u2019 Report \u2013 \u2018Watergate\u2019 Without Nixon?"},"content":{"rendered":"

By\u00a0<\/b><\/span>Amrit Muttukumaru<\/a> –<\/b><\/span><\/p>\n

\"\"<\/a>

Amrit Muttukumaru<\/p><\/div>\n

The report of the Presidential Commission of Inquiry (PCoI) into the Treasury Bond scam<\/a> is like the <\/b><\/span>curate’s egg good and bad in parts. It had already laid the ground work at the investigative stage by its glaring partiality to the Prime Minister to give a preview of what was to follow in its report. In this respect the PCoI has been consistent!<\/span><\/p>\n

The bottom line are its RECOMMENDATIONS. In this respect there is an evident MISMATCH between what transpired at the investigations which the PCoI has by and large covered and its recommendations particularly in regard to the PM where the commissioners have failed to connect the dots which were staring in the face.<\/span><\/p>\n

It has rightly faulted inter alia, former CBSL Governor – Arjuna Mahendran, PTL virtual owner – Arjun Aloysius,<\/span> PTL CEO – Kasun Palisena, former Minister of Finance – <\/span>Ravi Karunanayake and \u201crelevant officers of the CBSL and the EPF\u201d.<\/span><\/p>\n

While faulting former <\/span>PABC (Pan Asia Bank)\u00a0Chairman – Nimal Perera,<\/span> a gaping hole in the report is the \u2018pussyfooting\u2019 on the Bank of Ceylon giving Perpetual Treasuries Limited (PTL) access to Billions of Rupees almost instantly which enabled PTL with the aid of \u201cinside information\u201d to make a \u2018killing\u2019 in the secondary Bond market at the further expense of state institutions which included the hard earned savings of workers in the EPF. Chairman, Bank of Ceylon – Ronald Perera is a long standing member of the influential UNP Working Committee.<\/span><\/p>\n

Crucial issues of governance incidental to the alleged bond scam thrown up by witnesses at the Bond Commission which include possible tax evasion, money laundering and PEPs (Politically Exposed Persons) being directors of banks are hardly on the radar.<\/span><\/p>\n

In the context of what follows below, it is strange there is no recommendation whatsoever in regard to the PM. In fact to the best of my knowledge \u2018PM\u2019 or \u2018Prime Minister\u2019 have no mention in the \u2018recommendations\u2019!<\/span><\/p>\n

PM\u2019s Involvement & Contradictions<\/b><\/span><\/p>\n

1) \u2018CONFLICT OF INTEREST\u2019 is the CRUX of the Bond scam.<\/span><\/p>\n

Arjuna Mahendran – a foreign national was handpicked for the position of Governor, Central Bank of Sri Lanka (CBSL) by the Prime Minister although aware that his son-in-law, Arjun Aloysius – virtuallyowned\/controlled PTL (<\/i>Perpetual Treasuries Limited) – a Primary Dealer. <\/span><\/p>\n

2) <\/span>For reasons best known to the PCoI it did not PURSUE the PM\u2019s affirmation in his affidavit \u201c<\/span>Upon the formation of the new Government in January 2015 there was a general consensus within the Government that Mr Mahendran should be appointed to the post of Governor of CBSL.\u201d <\/span><\/p>\n

No less a person than Cabinet Co–<\/i>Spokesperson and <\/i>Minister of Health\u00a0Dr. Rajitha Senaratne has contradicted the claim of \u201c<\/span>general consensus\u201d: <\/span><\/p>\n

\u201cSenaratne said<\/a> he had opposed the appointment of former Central Bank Governor Arjuna Mahendran to the position at the time. “I warned that it would tarnish the government\u2019s image,” the minister said.\u201d<\/span><\/p>\n

3) The PCoI has mentioned only \u201c<\/span>In passing\u201d that the Central Bank of Sri Lanka (CBSL) which is the issuing agency for Treasury Bonds which normally falls under the Ministry of Finance was brought under the purview of the PM. The PCoI did not question the PM on the rationale for this change. <\/span><\/p>\n

4) The PM continued to have Mahendran as CBSL Governor although aware that Mahendran had reneged on his \u2018assurance\u2019 to him that his son-in-law (Arjun Aloysius) will sever all links with PTL PRIOR to his appointment as CBSL Governor.<\/span><\/p>\n

The PCoI while stating \u201cWe consider that, the confidence which the Hon. Prime Minister states he placed in the assurances given to him by Mr. Mahendran, was misplaced. We are of the view that, the more prudent course of action would have been for the Hon. Prime Minister to have independently verified whether Mr. Mahendran was, in fact, honouring the assurances he gave the Hon. Prime Minister. We regret that, the Hon. Prime Minister did not take that course of action.\u201d has curiously failed to question the PM on the rationale for this \u201cconfidence\u201d. <\/span><\/p>\n

5) At the Bond Commission when the PM was asked whether he was aware that (i) <\/span>\u201cHolding Companies of Perpetual Treasuries Ltd were Perpetual Capital Holdings (Pvt) Ltd and Perpetual Capital (Pvt) Ltd?\u201d(ii) <\/span>\u201cMr. Aloysius continued to be a Director and Shareholder of these two Holding Companies even after January 2015?\u201d <\/span>he pleaded ignorance. <\/span><\/p>\n

His position of being unaware is contradicted when \u201che went on to state that, Mr. Aloysius had said that he needed a \u201cbit of time\u201d to dispose of the shareholding he had in Perpetual Treasuries Ltd.\u201d <\/span><\/p>\n

The PM also contradicts his claim of being unaware in his <\/span>affidavit to the PCoI where he states: <\/span><\/p>\n

\u201cI became aware that Mr Aloysius had in the month of January itself resigned from the post of Chief Executive Officer and Director of Perpetual Treasuries (Pvt) Ltd. I also became aware that however he remained a Shareholder of that company\u201d\u00a0<\/span><\/p>\n

6) <\/span>A failure in the PM\u2019s judgment observed by the PCoI is: <\/span><\/p>\n

\u201cwhen the results of the Treasury Bond Auction held on 27th February 2015 became known and there were several allegations that, Mr. Mahendran had interfered in the Auction, the Hon. Prime Minister appointed the three-member \u2018Pitipana Committee\u2019 to inquire into and report on the matter. <\/span><\/p>\n

We are of the view that, the members of the \u201cPitipana Committee\u201d [comprising of three senior and reputed Attorneys-at-Law] did not possess technical knowledge or practical knowledge in the considerably complex arena of Government Securities and Public Debt.\u201d <\/span><\/p>\n

(7) <\/span>He robustly defended and endorsed Mahendran for a second term despite the widespread perception of Mahendran\u2019s role in the alleged Bond Scam.<\/span><\/p>\n

8) Being fully confident on the propriety of the issuance of Bonds, he robustly defended the same in Parliament <\/span>on 17 March 2015<\/span> despite the evidence that subsequently transpired before the PCoI. In this regard the PCoI observes:<\/span><\/p>\n

\u201cwith regard to the Statement made in Parliament by the Hon. Prime Minister on 17th March 2017, in which he states, inter alia, that, Mr. Mahendran had not interfered in the Treasury Bond Auction of 27th February 2015 \u2026\u2026.. we consider that, the Hon. Prime Minister would have been better advised, if he had independently verified what had happened at the CBSL on 27th February 2015, before making any statement, instead of relying on the Briefing Note and report submitted to him by Mr. Mahendran and Deputy Governor Samarasiri.\u201d <\/span><\/p>\n

(the report erroneously refers to \u201817th March 2017\u2019 when it should have been \u2018<\/span>17 March 2015\u2019)<\/span><\/p>\n

9) The PM\u2019s defense of Mahendran is contradicted in the report:<\/span><\/p>\n

\u201cWe have held that, Perpetual Treasuries Ltd acted upon \u201cinside information\u201d (or \u201cprice sensitive information\u201d)when it placed Bids for an unprecedented value of Rs. 15 billion at an Auction at which only Rs. 1 billion had been offered;<\/span><\/p>\n

We have also held that, Mr. Mahendran was the source from which Perpetual Treasuries Ltd obtained this \u201cinside information\u201d (or \u201cprice sensitive information\u201d);\u201d<\/span><\/p>\n

\u201cAccordingly, we have held that, Mr. Mahendran acted wrongfully, improperly, mala fide, fraudulently and in gross breach of his duties as Governor of the CBSL\u201d <\/span><\/p>\n

10) During his testimony at the Bond Commission the PM stated: \u201c<\/span>Mr. Aloysius had said that he needed a \u201cbit of time\u201d to dispose of the shareholding he had in Perpetual Treasuries Ltd.\u201d<\/span><\/p>\n

What is at issue is the INTEGRITY of the CBSL. How can the PM who is also responsible for the CBSL even consider a \u201cbit of time\u201d to resolve a \u2018conflict of interest\u2019 concerning the CBSL Governor? <\/span><\/p>\n

11) To the PCoI question \u201cwhether the Hon. Prime Minister instructed Mr. Mahendran, on 24th February 2015, to \u201cimmediately stop\u201d the practice of the Central Bank accepting \u201cPrivate Placements\u201d of Treasury Bonds\u201d, the PM had inter alia stated that \u201che directed Mr. Mahendran to \u201cconsider\u201d<\/b> issuing Treasury Bonds by way of Public Auctions in accordance with the Economic Policy of the Government and that, the Hon. Prime Minister \u201cexpected that he would comply with due procedure\u201d. <\/span><\/p>\n

This response is CONTRARY to his speech in Parliament on 17 March 2015 where he inter alia stated \u201cI insisted<\/b> on a public auction\u201d. It must be noted the PM had the benefit of questions given in ADVANCE by the PCoI <\/span>to enable him to provide answers by way of affidavit.<\/span><\/p>\n

The question is why the PCoI did not confront the PM on this contradiction.<\/span><\/p>\n

12) R. Paskaralingam – Senior Advisor to the Prime Minister. <\/span><\/p>\n

It is revealed in the report that \u201cHon. Ravi Karunanayake, MP, the then Minister of Finance, gave instructions to the three State Banks to place Bids at specified low Yield Rates and for low amounts, at the Treasury Bond Auctions held on 29th March 2016 and 31st March 2016.\u201d <\/span><\/p>\n

It was alleged by the officials concerned of these banks during their testimony that the \u2018instructions\u2019 were given in the presence of the PM\u2019s <\/span>Senior Advisor, R. Paskaralingam.<\/span><\/p>\n

\u201cIn reply to the Commission of Inquiry, the Hon. Prime Minister stated that he was not aware of the meetings held at the Ministry of Finance on 28th March 2016 and 30th March 2016 and that he was not aware whether Mr. Paskaralingam was present at these meetings.\u201d <\/span><\/p>\n

In this connection the PCoI has observed: \u201cwe consider that, Mr. Wasantha Kumar, the General Manager of People\u2019s Bank, was a reliable witness with a clear recollection of the events of this meeting held on 28th March 2016.\u201d <\/span><\/p>\n

If indeed Paskaralingam attended these meetings, would it not have been SOLELY in his capacity as Senior Advisor to the PM? Is there not a major management failure if the PM was unaware of Paskaralingam\u2019s presence? <\/span><\/p>\n

13) Footnotes in COPE report: <\/span><\/p>\n

The controversial \u2018FOOTNOTES\u2019 in the Sunil Handunetti led COPE report probing the 27 February 2015 bond scam introduced by the UNP parliamentarians concerned have not received the sanction it deserves from the PCoI. <\/span><\/p>\n

The widely read \u2018Sunday Times<\/a>\u2019 expos\u00e9 of alleged machinations in relation to the Sunil Handuneththi led COPE report referred to the \u2018Footnotes\u2019 as follows:\u00a0 \u00a0<\/span><\/p>\n

\u201cAs is clear, the thrust of these footnotes is to make clear that Mahendran has not been responsible for any impropriety.\u00a0\u00a0<\/span><\/p>\n

The UNP is confident that it can, through the documentation Deputy Minister Harsha de Silva has received, prove its case that its man Arjuna Mahendran is not to blame.\u201d\u00a0\u00a0<\/span><\/p>\n

\u00a0<\/span>As if this were not enough, consider Harsha de Silva<\/a>\u2019s response to the following question from a journalist on the \u2018Footnotes\u2019:\u00a0\u00a0<\/span><\/p>\n

\u201cMinister do you at any point now regret the footnotes on that COPE report? Going by what is being revealed now, do you regret it or was there a lack of information at that point?\u201d\u00a0\u00a0<\/span><\/p>\n

What does his response from (21:25:40) indicate? The clarification sought from Harsha de Silva has still not come.\u00a0 \u00a0<\/span><\/p>\n

Dr. Harsha de Silva is Deputy Minister, Ministry of National Policies and Economic Affairs where the PM is the Minister in charge.\u00a0 \u00a0<\/span><\/p>\n

14) Rosy Senanayake – \u2018Deputy Chief of Staff\u2019 in PM Wickremesinghe\u2019s \u2018core team\u2019.<\/span><\/p>\n

It was alleged at the PCoI that COPE documents relating to PTL CEO Kasun Palisena\u2019s testimony were given to \u2018PTL owner\u2019 Arjun Aloysius by \u201cRosy\u2019s son\u201d identified as \u201cKanishka Senanayake\u201d.\u00a0\u00a0<\/span><\/p>\n

This has been denied by Ms. Senanayake on the grounds she was not a COPE member after the August 2015 parliamentary elections. Does not the question arise whether in her capacity as \u2018Deputy Chief of Staff\u2019 in PM Wickremesinghe\u2019s \u2018core team\u2019 she would have access to COPE reports? Although requested, she has still not clarified this position.\u00a0 \u00a0<\/span><\/p>\n

Favored Treatment<\/b><\/span><\/p>\n

1) Unlike in the case of other witnesses, the PM was given questions in advance by the PCoI <\/span>to enable him to provide answers by way of affidavit.<\/span><\/p>\n

2) Unlike in the case of other witnesses, the PCoI decided to invite the AG himself who wasn\u2019t involved in the investigation up to that point to personally lead evidence for the FIRST TIME.\u00a0Up to this time, Messrs. Dappula de Livera and Yasantha Kodagoda – Senior Additional Solicitor General and Additional Solicitor General respectively lead evidence.<\/span><\/p>\n

3) Unlike in the case of other witnesses which included former Finance Minister Ravi Karunanayake who were grilled by Messrs. Dappula de Livera and Yasantha Kodagoda, limited questions were posed to the PM. He was at the PCoI reportedly for less than an hour to clarify matters arising from his affidavit.<\/span><\/p>\n

Conclusion<\/b><\/span><\/p>\n

Things are so bad in Sri Lanka that the rule of law was selectively applied not to compel Arjun Aloysius \u2013 owner of PTL to give evidence before the Bond Commission on the basis it would incriminate him since apparently in his own mind there was a high probability he would be prosecuted. The same rule of law was mute in taking the next steps that could have been taken independent of the report of the Bond Commission in the context of the damning evidence produced at the PCoI. It also indicates that the relevant regulatory and law enforcement agencies were on sleep mode until the bond commission was appointed. This tardiness in taking necessary legal action has resulted in a situation where as disclosed by the Prime Minister during his testimony at the Bond Commission, Aloysius was even able to be present \u201cat one or two parties\u201d where he was in a position to converse with the PM himself!\u00a0\u00a0<\/span><\/p>\n

Successive governments have done their damndest to underscore <\/span>the presence of a \u2018Deep State\u2019 in Sri Lanka. The egregious Bond Scam and impunity involving key sections of the political and corporate establishments is evidence of its presence. The media has reported that <\/span>Messrs. Dappula de Livera and Yasantha Kodagoda – Senior Additional Solicitor General and Additional Solicitor General respectively who led evidence at the PCoI have been \u201csidelined from initiating legal action based on recommendations by the Presidential Commission regarding the fraud\u201d. <\/span><\/p>\n

It is outrageous that the PM has suddenly \u2018discovered\u2019 <\/span>only after the publication of the PCoI report of the Bond Scam under the incumbent yahapalana government<\/span> how allegedly corrupt the issuance of Treasury Bonds have been prior to January 2015 when <\/span>Nivard Cabraal was CBSL Governor. It is surprising that the CBSL which is under the PM\u2019s purview had not brought this matter to his attention earlier. It begs the question as to what the government elected on the promise of corruption free good governance and holding those concerned under the Rajapaksa presidency they screamed from rooftops were responsible for terrible corruption, abuse of power and violence accountable after due process were doing these past three years? <\/span><\/p>\n

The PCoI reports that Ms. Siromi Wickramasinghe the sister of former CBSL Governor, Nivard Cabraal was a \u2018Director\u2019 of the \u2018holding company\u2019 of Perpetual Treasuries Ltd at the time of the 27 February 2015 bond scam under the Yahapalana government! (Pages 473 & 474)<\/span><\/p>\n

As Alice cried in Wonderland, things are indeed getting \u201ccuriouser and curiouser\u201d in this \u2018land like no other\u2019! <\/span><\/p>\n

Siromi Wickramasinghe was no doubt a Politically Exposed Person (PEP) who should have been monitored by the CBSL. <\/span>In the context of PEPs being at the centre of the worldwide efforts for the prevention of money laundering, the CBSL is obliged to co-operate with other jurisdictions to combat this menace associated inter alia with political\/economic instability, trafficking in <\/i>illicit drugs and financing of terrorism. Although all PEPs are NOT INVOLVED in criminal activities, nevertheless all PEPs are subject to scrutiny particularly in their dealings with banks. This is why even in Sri Lanka <\/i><\/span>\u201cOpening of accounts for \u2018politically exposed persons\u2019 (PEP) should have authorization of senior management.\u201d<\/i><\/span><\/p>\n

It is imperative that Sri Lanka must adhere to its international obligations. Sri Lanka is a member of the Asia\/Pacific Group on Money Laundering (APG) which in turn is an <\/span>Associate Member of <\/span>the <\/span>Financial Action Task Force (FATF) which is <\/span>\u201can independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering and terrorist financing. \u201c<\/i><\/span><\/p>\n

It is surprising to note that even today there are PEPs who are holding office as directors of banks and financial intermediary companies. We do not appear to have learnt any lessons from past experience. My engagement with <\/span>Dr.\u00a0Indrajit Coomaraswamy, CBSL Governor on this issue commencing <\/span>5 July 2017 have been in vain.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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