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X-Press Pearl case in Singapore: AG’s Dept asserts its role, as MEPA faulted for delaying report
View(s):Authority rejects allegations; says all documents copied to AG’s Dept and Justice Ministry
By Ranjith Padmasiri and Sandun Jayawardana
He told the Sunday Times that on all legal matters regarding the X-Press Pearl, it is the AG who decides after informing the Justice Ministry, which has obtained cabinet approval to be the focal point for all stakeholders.
The decision to file legal action against the ship’s operators in Singapore, meanwhile, was well considered after evaluating the legal aspects and the Cabinet gave approval accordingly, the official added. Since the country has been affected, the plaintiff will be the Government of Sri Lanka.
The AG’s Department’s insistence came as the Marine Environment Protection Authority (MEPA) issued a statement after Justice Minister Wijeyadasa Rajapakshe criticised delays on the part of MEPA in finalising a damage assessment report regarding the disaster that happened in May 2021. The report is needed for the AG’s Department to file legal action in Singapore to claim damages from the ship-operating company, which is based there.
In its statement, MEPA said that as agreed during a meeting convened by Minister Rajapakshe, it would hand over the report by January 15, 2023. At this meeting held in the Parliament complex, AG’s Department officials informed those in attendance that the AG hoped to initiate legal proceedings in Singapore by mid-February.
Responding to allegations that it had missed a September deadline to submit such a report, MEPA said that during a previous meeting hosted by Minister Rajapakshe, it had been told to submit an environmental damage assessment report in six weeks and the next meeting had been fixed for September 19. “But the meeting did not take place and neither did MEPA receive a request from the AG’s Department to submit the report,” the Authority said.
In his comments to the Sunday Times, Minister Rajapakshe also criticised MEPA for sending a damage assessment report to an Australian firm hired as a legal consultant without sending it first to the Justice Ministry.
In its clarification, MEPA acknowledged that the first interim report on environmental damage, compiled on November 25, 2021, was sent to the firm, but said it had been copied to the Justice Ministry at the same time.
MEPA said it initiated discussions with the Australian firm with the knowledge of the then Justice Minister Ali Sabry and the AG’s Department. “Instructions received by our authority were that it could exchange necessary documents with the firm while copying them to the AG’s Department,” MEPA claimed.
It added that an AG’s Department representative also sat in every meeting MEPA’s expert committee held with representatives of the firm and that all documents exchanged in these meetings were copied to the representative.
The then Justice Minister, the current AG and the AG’s Department officials are fully aware of this and “it is the responsibility of the AG’s Department to brief the current Justice Minister on this matter.” MEPA said.
The Authority also disputed Minister Rajapakshe’s claim that Sri Lanka stood to lose compensation amounting to USD 3 billion due to delays in filing legal action in Singapore over the case. “We do not know who gave this information to the minister,” the statement asserted.
MEPA reiterated that a “final assessment” of environmental damage inflicted by the disaster could only be arrived at after the stricken vessel is completely salvaged and removed from the location.
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