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AG reacts to delay in corona probe: Wants to instruct probe team personally
‘… second wave caused serious threat to people’
By Shamindra Ferdinando
Expressing serious concern over the delay in initiating a criminal investigation into the sudden eruption of covid-19 second wave in the first week of Oct, Attorney General Dappula de Livera, PC, has told Acting IGP C.D. Wickremaratne that he would personally issue instructions to the investigators.
Wickremaratne has been informed of the AG’s unprecedented move on Thursday (5) in the wake of the inordinate delay in the high profile probe.
There hadn’t been a previous instance of AG de Livera or any of his predecessors calling police investigators for a briefing before the commencement of an investigation.
As per instructions issued in writing on Oct 5, President’s Counsel de Livera emphasized that advising the team of police officers chosen by the Acting IGP was his legitimate duty and responsibility.
The AG has told the IGP to submit him a list of officers tasked with the investigation.
The unexpected move made by the AG revealed the lapse on the part of law enforcement authorities in initiating an investigation.
AG’s Coordinating Officer State Counsel Nishara Jayaratne told The Island on Nov 5 that the latest intervention was made after specific instructions issued on Oct 29 as regards the launch of an investigation weren’t heeded. Ms Jayaratne said that instructions were issued on Oct 27 and Oct 29 in that regard directing an inquiry into the dangerous situation caused by what the AG called the ‘Brandix cluster.’
Pointing out the catastrophic situation faced by the entire country, the AG directed the appointment of a senior team consisting of experienced investigators to handle the investigation.
Earlier the AG called for a new team after the Colombo Crime Division (CCD) tasked with the investigation was seriously affected by covid-19 epidemic.
The Acting IGP handed over the investigation to the CCD against the backdrop of the country’s premier investigation agency the Criminal Investigation Department (CID) being embroiled in the controversial release of Riyaj Bathiudeen’s held under the Prevention of Terrorism Act (PTA). The Acting IGP appointed two teams comprising 30 officers and men each to investigate the circumstances leading to Riyaj’s release in spite of the police headquarters previously claiming the suspect having had direct links with one of the National Thowheed Jamaat (NTJ) suicide bombers. Pending the investigation, police headquarters moved out both DIG CID Nuwan Wedasinghe and Director CID SSP Prasanna de Alwis.
The AG called for a special inquiry on covid-19 eruption while awaiting progress report on the probe on the CID. With the focus on Brandix apparel manufacturing facility at Minuwangoda where the first detection was made, The Island sought clarification from Brandix pertaining two vital matters expected to be also probed by the police.
Q: Did Brandix bring in a group of technicians from India (four or five persons), in addition to 341 Brandix workers and family members brought to Mattala in three flights?
A: No, as we have stated before, we did not bring in any person of Indian nationality to Sri Lanka during this time. 341 of our Sri Lankan employees who work at our facilities in Visakhapatnam, India and their families were brought back to Sri Lanka in 03 separate flights, and certificates from authorities confirming their 28-day quarantine period is available for all 341 individuals. These certificates pertaining to all passengers have been produced for verification to the relevant authorities.
Q: The final flight was scheduled to bring in 60 persons though only 48 arrived in Mattala. Why did 12 people not come back?
A: In early September, we had requested the necessary approvals from the Government to bring back 60 of our Sri Lankan employees and their families from our facility in Visakhapatnam, India.
While we awaited approval and confirmation of the flight for their return thereafter, 12 of our employees had agreed to stay back and continue working since the ground situation in India was improving at the time. As a result, only 48 of the 60 individuals we had originally sought approval for, arrived on the flight on 22nd September 2020.
Meanwhile, Police spokesman DIG Ajith Rohana, who is also in charge of the Police Legal Division yesterday told Derana anchor Sanka Amarjith that the investigation called by the AG was delayed due two reasons. DIG Rohana said that in addition to some of the CCD officers contracting coronavirus, the CCD had to record statements of those affected by corona attached to Minuwangoda Brandix facility. DIG Rohana said that the inquiry though being delayed would be conducted by the CCD as directed by the Acting IGP.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
