16, February 1997

By Arshad M. Hadjirin

Employees of the Sri Lanka Ports Authority (SLPA) are contemplating legal action against the government over an alleged violation of the tender for the development of the Queen Elizabeth Quay (QEQ) of the Colombo harbor, sources said.

"Once the technicalities are worked out with the lawyers, we hope to file the case," the source said.

He said that the Letter Of Comfort (LOC) which is to be shortly issued to the P&O, giving them the green light to proceed with the development work at the QEQ, contains clauses which might spell disaster to the SLPA.

Sources said port trade unions and executives who were promised copies of all documents pertaining to the deal, have not received anything so far.

"This is a clear violation of the transparency the PA government promised, when they came into power.

Ports and Shipping Minister, M. H. M. Ashraff had in a statement said that the SLPA has no funds in its coffers to pay Japan if they were to undertake the QEQ project.

However in the same statement he had spoken of a Rs. 900 million funding for the Galle New Jetty.

Port engineers said that the SLPA last year paid the government Rs. 1000 million out of their profits, and that they will only need to pay Rs. 650 million if they contracted with Japan for this project which involves a major development apart from the expanding of the QEQ container terminal.

"It is possible to substitute the ongoing P&O, negotiations with the Japanese OECF project which is likely to cost only half the estimates of the P&O", an engineer said.

"We also learn that the government will have to shoulder liability, in case P&O loses in their deal, but earlier Minister, M. H. M. Ashraff has said the P&O has come here with a high risk - meaning the terrorist risk.

If the government is to take liability there is no question of a risk", he said.

The SLPA last year handled one million container units, and gained a net profit of US$ 29 million (Rs. 1,452 million).

"So how is it possible for P&O which is now forced to handle a maximum of 600,000 units, and pay the SLPA US$ 30 million per year", questioned an engineer.

Meanwhile Minister Ashraff had reportedly laid off hundreds of workers justifying himself by saying that his predecessors had recruited people of their electorates.

"If the Minister is complaining of over-staffing, why recruit more people", asked the engineers.

By Shelani de Silva

MEP leader Dinesh Gunawardena will request the IGP to call upon all politicians and their loyalists to disarm themselves in order to hold a free and fair election.

The party members are scheduled to meet the IGP tomorrow to discuss the security situation and call for a peaceful environment for voting.

Mr. Gunawardena told 'The Sunday Times' that it was important that all politicians and party loyalists be disarmed for the forthcoming elections. "From what we gather many of them are armed and it is very clear that violence will be the key word for many of them. We hope to enlighten the IGP of this and request him to put a stop to it. I personally feel that the IGP should take a firm decision in this matter, because judging from previous incidents, this has to be stopped," he said.

The party is also scheduled to meet Elections Commissioner Dayananda Dissanayake on Monday to protest against the PA election campaign over the electronic media. According to Mr. Gunawardena, it is a violation of the election law. 'For the past few weeks we have seen the PA campaign on all State-controlled media. It is definitely a violation of the election law. We hope to explain matters to the Commissioner in this regard. It is up to him to take the necessary action,' he said.

Commenting on the local polls, MEP leader said that the party is aiming at creating a better and efficient management of local councils, and to change the present political situation.

'Both the PA and UNP have failed the masses. They have abused democracy in this country. Both parties were interested in only grabbing and holding on to power but the MEP is dedicated to tackling national issues. Our motto is not to be above the law. Many youths are contesting under the MEP as well as educated professional people who believe in democracy. We hope to give new strength and a better administration to local bodies,' he said.

Mr. Gunawardena said that the government has violated election laws thus misleading the people who put them to power. 'The biggest blunder was dissolving the councils. Nowhere it is said that they should be dissolved before the elections. Instead the government using emergency powers dissolved the councils,' he said.

The MEP is hoping to introduce a national force consisting of non political organizations. This, the party believes, will ensure political stability in the country.

By Chamintha Tilakaratna

The G. C. E. (A/L) exam results, normally released in December, are being further delayed till the end of this month with frustrated students accusing the authorities of being unfair and indifferent.

Officials said the one-month postponement in holding the exam and the strike by teachers during paper marking were the main causes for the delay.

Both students and parents complain that as a result of the delay students had been unable to plan their future and many were finding it difficult to find jobs without the results.

Students who wish to go abroad for higher studies told The Sunday Times they were unable to apply to foreign universities.

Others say that it is unfair by them to delay the results for if they have to repeat the exam they will have only a short period to study.

"If you will permit me to call myself an Old Trinitian because of my close association with Trinity over the years, then I will be the fourth member of this Cabinet from Trinity, said Prime Minister Sirimavo Bandaranaike in her speech at Trinity College celebrating its 125th year.

Excerpts from the Prime Minister's speech:

Your Lordships, the Bishops of Colombo and Kurunegala, Hon'ble Ministers, other distinguished guests, Principal and staff of Trinity College and students of Trinity.

I last came to Trinity College in 1972 for the prize giving of that year. It was I am told the centenary year of Trinity and this year I am told is the 125th anniversary of the school.

My father was an old Trinitian and so were three of my brothers. And quite a number of my uncles and relatives were also old Trinitians.

In 1972 when I came here the country was just recovering from the J V P insurrection. Now we are again in the midst of a senseless never-ending war resulting in the loss of hundreds upon hundreds of our youths both Sinhalese and Tamils. We as citizens of Sri Lanka of all ethnic groups must strive to end this meaningless war. Trinitians both young and old I am sure, do not and will not tolerate or harbor any kind of racial discrimination against your fellow citizens.

Trinity had great Principals in the past who guided the destinies of Trinity over the years and helped to produce students who rose to great heights and who served their country in whatever capacity they were called upon to serve, with devotion and loyalty which qualities became a 'Hall Mark' of old Trinitians.

I appeal to the present Principal and future Principals to emulate great predecessors and help to make Trinity the great school it was and is. Trinity as Trinitians like to boast is perhaps the "Best School of all"..

Customs are investigating how complimentary items had been imported for AirLanka Catering Services from Thailand and excess money paid allegedly on fictitious invoice.

The items including bags and wrist watches with the AirLanka Catering logo and T shirts had been ordered from an unregistered supplier from Thailand for an estimated 637,000 Bhats (about Rs. 7.2 million).

The estimate was sent on October 15, and accordingly the order was placed the following month to purchase 1000 bags, 1000 wrist watches and 800 T shirts. The payments had been made according to the invoice sent.

However AirLanka catering had received another invoice for 265,000 Bhats about Rs 530,000 from an unknown company.

An independent group of candidates in the Kalutara district are under threat from various groups and persons claiming to be police have visited the home of a candidate.

The leader of the group, Gemunu Wijeratna said that he had personally been intimidated by persons in the area.

The independent candidates are of a group of members of the NDUNLF, which is not fielding candidates on its own.

A group claiming to be a police party visited the home of a candidate but he was not at home.

Batticaloa District MP Joseph Prarajasingham has appealed to the President to order a judicial inquiry into the deaths of two Tamil youths shot dead on Tuesday.

The victims, Kanapathipillai Uthayasekaram (18) and Ramakrisham Suresh Pradeepan (20) had been allegedly shot dead by the Iruthayapuram police who had suspected the victims to be members of the LTTE.

He appeals to the President that such incidents have taken place over the last 20 years and that they should be looked into, particularly the deaths of these two victims.

Irish mother Joan Ratnam allegedly deserted by her Sri Lankan husband and in a desperate search for their 5-year-old son, Joshua, last Thursday filed objection in the Appeal Court against the interim order granted to her husband David Ravikanth Ratnam.

Mr. Ratnam had obtained an interim order from the Appeal Court directing the District Court of Kurunegala to stay all proceedings in a case including the execution of the warrant and all orders made on January 21.

By Shyamal A. Collure

Human rights lawyers have expressed shock over what they see as the hurried and secret deportation of Victor Baumann, the Swiss accused in the Negombo child abuse case who was to be indicted under the new child abuse laws here soon.

Mr. Baumann, who is alleged to have molested scores of local boys since 1981, was deported before dawn on Tuesday on a presidential order made under the Immigration Act.

The Lawyers for Human Rights and Development (LHRD) charged that the police had given lame excuses to justify the deportation of the Swiss national, soon after the President had promised a major crack down on paedophiles and child sex rackets.

Mr. Baumann had been arrested last October in the company of several local children at his house near the coastal resort of Negombo.

According to police, there was public outcry for Mr. Baumann's deportation, the case against him was weak and two of the child victims he had allegedly molested were not coming forward to give evidence because their mother was employed in his house.

But the LHRD charged it was an open secret that Mr. Baumann had been molesting a large number of children over a long period of time and because of his high political connections he was not arrested till Interpol nailed him. The lawyers also alleged that the two children had disappeared and their mother was held prisoner by Mr. Baumann.

"If Mr. Baumann was deported in response to public outcry, why did the authorities wait till Armin Heinrich Pfaffhauser was convicted? Why could they not deport Mr. Bhumann even after his arrest? On what basis did the authorities come to the conclusion that the two children would not come to court to give evidence? It is a matter for the court. Any court of law has adequate powers to compel the attendance of any witness", the lawyers argued.

Furthermore, it was stated that when Mr. Baumann's case was called in court on the last day, neither the police nor the Attorney General's representative was present and the Magistrate was critical of their conduct.

The LHRD said the way the police had acted in this case, the unusual hurry and the keen interest they displayed to obtain a deportation order with the vague and different explanations they had given at different times to different people all led to a strong suspicion that something improper was happening.

"This action of the authorities turns the enactment of stringent legislation to deal with child sex abusers into a futile exercise. Are they going to take the same step in respect of the foreign accused in other cases before other courts? If so, why should they waste public funds, the valuable time of the court, lawyers and witnesses in pursuing these cases for years? Does this mean that any foreign paedophile can molest any number of our children and go scot free?", they asked.

The LHRD also pointed out that Mr. Baumann could any time come back to Sri Lanka as a free man as he had not been convicted under Lankan law.

Meanwhile, LHRD Executive Director Kalyananda Tiranagama said the procedural law enacted recently to clamp down on child sex abuse was utterly meaningless.

He said the framers of the law had addressed their minds to the issue in a careless manner. Mr. Tiranagama said the laws enacted in October last year had put the police and lawyers in a dilemma as to whether child abuse cases should be filed in the Magistrate Court or the High Court.