The commission appointed to investigate SriLankan Airlines, SriLankan Catering and Mihin Lanka has already embarked on formulating its report. The commission has been given a deadline to wrap up proceedings by May 31. The commission has taken into consideration that an international conference (CITES) will be taking place at the BMICH from May 22 to [...]

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May 31 deadline for SriLankan Com; but no show by key players

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The commission appointed to investigate SriLankan Airlines, SriLankan Catering and Mihin Lanka has already embarked on formulating its report.

The commission has been given a deadline to wrap up proceedings by May 31.

The commission has taken into consideration that an international conference (CITES) will be taking place at the BMICH from May 22 to June 3 with the participation of more than 3,000 delegates from 183 countries. The decision to finalise the report comes, though key personalities are yet to appear at the public hearings.

The Sunday Times learns that the commission had issued summons for two such persons to appear at the public sittings, but they declined to appear and cited a Commissions of Inquiry Act clause, which allows them to decline summons. Among them is the powerful former parliamentarian Sajin de Vass  Gunawardena.

A commission source told the Sunday Times that the Act had a clause which enabled them to decline summons to appear before the commission. This was because they might also have to appear before courts over the allegations and their presence at the commission’s hearing might have an impact on the court cases.

 

SriLankan commission directed to wrap up sitting by May 31

 

“This issue came up at the Bond Commission inquiry, too, whereby a directive was issued to the Attorney General’s Department stating that it could not compel any of the witnesses to appear,” the source said. “However, in the bond case, the witnesses came on their own will. In this instance, they have refused to do so, and will only submit affidavits.”

The source said the commissioners could compile the final report based on the affidavits and the statements the persons recorded at the Criminal Investigations Department (CID) Unit of the commission. He said the commission’s public sittings were conducted to give the witnesses a chance to explain their positions and clarify contents in their affidavits, and to make the fact-finding process more transparent, but it was not mandatory.

Former Defence Secretary Gotabaya Rajapaksa, former SriLankan and Mihin Lanka Chairman Nishantha Wickramasinghe, former SriLankan CEO Kapila Chandrasena, former Treasury Secretary P.B Jayasundara, and former Mihin Lanka CEO Sajin de Vass Gunawardena, are among those who were set to appear at the commission’s public hearings.

Evidence provided by company employees and other witnesses during the commission’s almost year-long sessions, has raised questions over the role played these persons and the their responsibilities.

Meanwhile, the directive issued by the President’s Office ordering proceedings to be wrapped up by May 31, has put pressure on both the AG’s Department and the commissioners to rush proceedings. The directive made it clear that no more extensions would be granted, and the commission has not made requests for any so far.

The commission, which was appointed by President Maithripala Sirisena on February 14, 2018, was first scheduled to end its proceedings on December 31, 2018. But the President had granted the commission two extensions; the first until February 15 this year, and the second until May 31 this year.

The commission is empowered to look into, among other matters, monetary allocations, loans, shares, investments and other finances from the Treasury, the Central Bank, state banks or any other financial institution, entering, extending and the termination of agreements to purchase or lease aircraft and other assets, the establishment and cessation of Mihin Lanka, recruitment and selection of staff, and the financial audits and accounts.

The Commission comprises retired Supreme Court Justice Anil Gooneratne (Chairman), Supreme Court Justice Gamini Rohan Amarasekara, retired High Court Judge Piyasena Ranasinghe, retired Deputy Auditor General Don Anthony Harold and Sri Lanka Accounting & Auditing Standards Monitoring Board Director General Wasantha Jayaseeli Kapugama.

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