{"id":43943,"date":"2015-11-11T00:00:04","date_gmt":"2015-11-11T04:00:04","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=43943"},"modified":"2015-11-11T00:00:04","modified_gmt":"2015-11-11T04:00:04","slug":"modicum-of-suspicion-among-sections-of-govt-mps-against-conduct-of-ministers-ranawaka-and-senaratne-over-avant-garde-affair","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=43943","title":{"rendered":"Modicum of Suspicion Among Sections of Govt MP\u2019s Against Conduct of Ministers Ranawaka and Senaratne over Avant Garde Affair"},"content":{"rendered":"


\nBy<\/p>\n

Rasika Jayakody<\/strong><\/p>\n

The special Cabinet meeting on the Avant Garde controversy, held on Monday, was supposed to be full of fireworks and high drama.<\/p>\n

A group of Cabinet ministers, over the weekend, held lengthy discussions to exert pressure on the government calling for Minister Thilak Marapana’s resignation over the Avant Garde controversy. They stressed Marapana’s conduct with regard to the Avant Garde company amounted to conflict of interest as he was retained as a lawyer for the company, at one point. While making his special statement in Parliament, Marapana also used the term ‘my client’ to refer to the private security company which is at the centre of a major controversy.<\/p>\n

The UNP MPs who gathered at the Temple Trees on Monday for a group meeting did not mince their words about the Avant Garde issue. Apart from Rajitha Senaratne and Patali Champika Ranawaka, regular critics of the Avant Garde issue, Gamini Jayawickrema Perera, Ajith P. Perera and Arjuna Ranatunga also urged the Prime Minister to expedite action against wrongdoers. They repeatedly said they could not face their voters at the grassroots level as the new government came to power on the promise of ‘nabbing thieves’ and ‘taking action’.<\/p>\n

Avant Garde issue a political volcano?<\/strong><\/p>\n

<\/p>\n

Meanwhile, another group of MPs representing the UNP looked at Senaratne’s efforts with a modicum of suspicion. They were of the view that both Senaratne and Ranawaka were attempting to project themselves as towering figures against corruption at the expense of the reputation and image of the government. While dubbing it as a ‘selfish move’, they held discussions over the weekend to defend Marapana at the cabinet meeting on Monday. Their main argument was that Marapana and Rajapakshe should be ‘defended’ as they were the most experienced members in the cabinet when it came to matters related to judiciary.<\/p>\n

There were strong indications that the Avant Garde controversy was turning out to be a political volcano for the national unity government formed just three months ago. Although Senaratne and Ranawaka got elected to Parliament on the UNP ticket, they were considered close allies of President Maithripala Sirisena. Some even went on to speculate that the Avant Garde issue would result in a clash between UNP and non-UNP members in the cabinet.<\/p>\n

Adding another dimension to this issue, Muslim Congress Leader, Minister Rauff Hakeem, speaking at the Cabinet meeting last Thursday, criticized the government saying the Cabinet was kept in the dark about Minister Marapana’s statement to Parliament. He also said those who voted for “good governance” were in a state of confusion over the government’s inaction on wrongdoers affiliated with the previous regime.<\/p>\n

Therefore, many assumed that the cabinet meeting at the Presidential Secretariat on Monday would be a highly dramatic one. There were also speculations that the cabinet meeting would be postponed at the last moment due to the demise of Most Ven. Maduluwawe Sobhitha Thera on Sunday. However, it was later decided to hold the cabinet meeting as scheduled as the President and the Prime Minister realized that the Avant Garde issue was turning out to be a matter of crucial importance.<\/p>\n

Against this backdrop, Law and Order Minister Thilak Marapana’s resignation on Monday morning – just hours before the special cabinet meeting – was nothing short of an anticlimax.<\/p>\n

As the meeting started, the President informed Cabinet members that he received the letter of resignation of Law and Order Minister Thilak Marapana. It ‘quelled’ a lot of fireworks at the outset and the ministers who were planning to push for Marapana’s resignation were at a loss for words.
\n<\/p>\n

President assures to resolve Avant Garde crisis<\/strong><\/p>\n

President Sirisena also assured the ministers that he would brief the Cabinet in one week on the government’s course of action over Avant Garde private security firm. He said he would arrive at a final decision on the matter after discussions with the Prime Minister.<\/p>\n

The President also promised to hold a meeting with all stakeholders of the Avant Garde controversy, including members of the security forces, on possible solutions to the current problem. This all-stakeholder meeting will take place at the Presidential Secretariat towards the end of this week.
\nAnother highlight of the President’s brief speech at the Cabinet meeting was his position on the ‘political impact’ of the matter.<\/p>\n

The President said it was important to understand that the “opposition” was supportive of Avant Garde company as it had close links with the top echelons of the previous regime.<\/p>\n

“The opposition does not want to probe Avant Garde at all. They are silent about it. This is a matter among members of the government. So, this should be sorted out within the government,” the President said.<\/p>\n

Another important speaker at Monday’s cabinet meeting was Justice Minister Wijeyadasa Rajapakshe who came under criticism from various parties in connection with the Avant Garde controversy. Rajapakshe defended his position over the issue, saying his stance on the matter was based on the Attorney General’s opinion.<\/p>\n

“The Attorney General cannot prosecute people based on statements made by politicians. It should be based on evidence. If the evidence suggests that the company is not involved in any illegal business, the Attorney General cannot do anything about it. I am not trying to justify the conduct the company. I am explaining the present state of affairs over the matter,” the Justice Minister said.<\/p>\n

While Rajapakshe was making his speech, Minister Rajitha Senaratne, quoting Additional Solicitor General Suhada Gamlath, said a powerful politician of the government had influenced the investigations into Avant Garde security firm.<\/p>\n

Responding to this claim, Minister Rajapakshe requested Senaratne to summon the official for a meeting and ask him to disclose the names of the politicians who tried to influence the investigations.<\/p>\n

Minister Patali Champika Ranawaka, voicing his opinion, said the conduct of the owner of the private security firm should be investigated as his name had been mentioned in connection with various allegations.<\/p>\n

Commenting on Avant Garde’s operations in Nigeria, Minister Ranawaka said the company could pose a severe threat to the country’s national security.<\/p>\n

He stressed the government should conduct a full-scale, transparent investigation into the activities of the private security firm and its owners, without any political interference.<\/p>\n


\nCivil Society want action against politicos funded by Avant Garde<\/strong><\/p>\n

Civil society groups, which were instrumental in bringing a new government into power in January, was another party that strongly pushed for Marapana’s resignation over the matter.<\/p>\n

After Marapana announced his resignation on Monday, it was welcomed by the civil society as a positive move. However, they added that Marapana’s alleged involvement in the matter was just a tip of the iceberg.<\/p>\n

A civil society group that took a strong stand on the Avant Garde issue was the Purawesi Balaya organization, which played a key role in bringing President Maithripala Sirisena into power. They were of the strong belief that the Avant Garde issue was the litmus test of the new government where its commitment to good governance was concerned.<\/p>\n

“Marapana’s resignation was a good opening, But the whole issue is bigger than that. It is important to conduct a fair and impartial investigation into the Avant Garde problem. We have enough signs to believe that certain political elements are standing in the way of investigations,” senior lawyer J.C. Weliamuna, a front-line member of the Purawesi Balaya organization, told the Daily News.<\/p>\n

Meanwhile, several members of the civil society group held discussions on Monday to launch a fresh campaign demanding authorities to conduct investigations into politicians who were on the ‘payroll’ of the private security firm.<\/p>\n

“We all know that some powerful members of the present government went out of their way at times to defend the controversial security firm. It shows they have strong links with Avant Garde and its owners. Such links too should be investigated in the wake of Marapana’s resignation. Some ministers had openly claimed that the company attempted to bribe them. Despite such revelations, no action has been taken against the company. This has become a serious concern for the civil society organizations” a member, who was involved in Monday’s discussions, told the Daily News.<\/p>\n

The Marapana saga<\/strong><\/p>\n

Minister Thilak Marapana is one of the most seasoned lawyers in the country’s legal fraternity at the moment. The second son of former District Judge P. Marapana and the brother of President’s Counsel Gamini Marapana, Thilak Marapana is an alumnus of S. Thomas’ College, Mount Lavinia. Apart from his law degree, Marapana also has a degree in Chemistry – a testament to multi-faceted nature of his character.
\nMarapana joined the Attorney General’s Department as a Crown Counsel in 1968. In 1988, he was made a President’s Counsel and two years later he was appointed Solicitor General. Marapana was appointed the Attorney General in 1992, during the tenure of President Ranasinghe Premadasa.<\/p>\n

Marapana played a crucial role in the country’s political sphere immediately after President Premadasa’s death on May 01, 1993. He, in his capacity as the chief legal officer of the government, was an important troubleshooter for former President D.B. Wijetunga who was catapulted into the forefront of national politics after Premadasa’s death. Marapana retired as Attorney General in 1994 and after the People’s Alliance government came to power, he reverted to the private bar.<\/p>\n

Under the People’s Alliance governments, thousands of UNP supporters across the country ran into various “legal troubles’ due to obvious reasons. Marapana was one of their most important go-to persons when it came to legal confrontations. When the UNP was out of power, Marapana rendered a great service to the party as a lawyer. The party leader and other senior echelons of the party held his service in high esteem.<\/p>\n

Navigating through troubled waters<\/strong><\/p>\n

Considering his great service to the UNP and UNPers, the party appointed him as a national list MP in 2000. After the Parliamentary election in 2001, Prime Minister Ranil Wickremesinghe made him the Minister of Defence. Marapana, as the Defence Minister, had to navigate through troubled waters as the government had entered into a ceasefire agreement with the LTTE. While dealing with a notorious terrorist outfit at one end, he also had to deal with complicated legal and constitutional issues at the other end as former President Chandrika Bandaranaike Kumaratunga functioned as the Commander- in-Chief of armed forces while Marapana served as the Defence Minister. Sore relations between the President and the rest of the cabinet plunged the UNP government into numerous problems.<\/p>\n

In 2002 , Marapana was made the Minister of Transport, Highways and Aviation, in addition to his portfolio of Minister of Defence, turning him into one of most influential members of Prime Minister Wickremesinghe’s Cabinet.<\/p>\n

After a hiatus of over 10 years, Marapana re-entered into active politics after the UNP nominated him as a national list MP of the party after the Parliamentary election in August, 2015. He was appointed as the Minister of Law and Order under the current national unity government.<\/p>\n

When Marapana assumed duties as the Minister of Law and Order, some sections of the political circles raised concerns as he also functioned as a lawyer of Nishshanka Senadhipathi, owner of Avant Garde, before he was appointed as a Member of Parliament. The Avant Garde issue was already sending ripples across the political fold of the country and Marapana, as the Law and Order Minister, was supposed to deal with it. It is unrealistic to believe that a senior lawyer of Marapana’s stature was unaware of this complicated situation when he assumed duties as the Law and Order Minister.<\/p>\n

The other important element of the Avant Garde controversy was the statement he made in Parliament. It was this statement that plunged Marapana into a major crisis leading to his resignation. Some political observers said Marapana walked into a trap, unknowingly, by making that special statement in Parliament.<\/p>\n

Marapana meets Prime Minister: Telephones President<\/strong><\/p>\n

Before tendering his letter of resignation, Marapana, on Sunday afternoon, had a special discussion with Prime Minister Ranil Wickremesinghe. At the meeting, Marapana conveyed to the Prime Minister that he wished to resign from his portfolio to make way for a fresh inquiry into the matter. After listening to the Minister’s explanation, the Prime Minister allowed him to proceed with his decision.<\/p>\n

On Monday morning, Marapana telephoned President Maithripala Sirisena and informed that he had decided to step down from his position. The minister said he did not want to place the government in an uneasy position by clinging to the ministerial portfolio. The President too gave him the green light and appreciated his courage. Soon after the telephone conversation, Marapana sent his letter of resignation to the President.<\/p>\n

It is now in the grapevine that Southern Development Minister Sagala Ratnayake is tipped to be appointed as the new Minister of Law and Order. But, Ratnayake may not get the Ministry of Prison Reforms, which was also under Marpana. The Ministry of Prison Reforms is likely to be placed under D.M. Swaminathan. However, highly placed government sources told the Daily News on Tuesday that no final decisions had been made over the matter yet.<\/p>\n

AG to hire 31 SCs to expedite action against corruption<\/strong><\/p>\n

A tug-of-war has developed between the Attorney General’s Department and the country’s legislature over the former’s inaction on “32 files” with regard to anti-corruption investigations.<\/p>\n

As reported in the Sunday Observer last week, Parliament is to summon the Attorney General Yuwanjana Wanasundera over the files containing criminal charges against individuals on which his Department is yet to take action.<\/p>\n

The AG will be summoned before the Judicial Oversight Committee, which will be set up in Parliament in January, under the provisions of the 19th Amendment.<\/p>\n

A group of MPs – representing both the ruling party and the opposition- who do not have ministerial and deputy ministerial portfolios will serve as members of the Judicial Oversight Committee.<\/p>\n

Government sources said there were allegations that the Attorney General had not taken action on 32 cases of which initial investigations had been completed by the Police Financial Crimes investigations Division (FCID) and other law enforcement authorities.<\/p>\n

However, the Attorney General’s Department vehemently denied allegations leveled against the department.
\nCommenting on the matter, a senior official from the Attorney General’s Department said, there was no deliberate or intentional delay on the part of the Attorney General’s Department.<\/p>\n

He categorically denied claims that the AG’s Department had not taken action on 32 cases of which initial investigations had been completed and said there have been only 23 cases of which nine have been sent back to the FCID for further investigations.<\/p>\n

“Out of the rest of the 14 cases, suspects have not been found in four cases. That’s where it stands at the moment,” he added.<\/p>\n

He also pointed out that most investigations conducted by the FCID into financial crimes had been submitted to the Attorney General without carrying out complete investigations. “They have been referred back to to the FCID to conduct further investigations,” he said<\/p>\n

“Various aspects which are essential to consider before sending out charges have been neglected,” the official added.<\/p>\n

“There is a dedicated team, led by a Senior Additional Solicitor General, to attend to matters related to the FCID.There are Senior State Counsel and State Counsel to whom cases have been allocated,” he explained.<\/p>\n

In addition to the existing staff, the Attorney General’s Department is in the process of hiring 31 State Counsels to expedite action pertaining to anti-corruption investigations. The senior official who spoke to the Daily News said the human capital issue is one factor that hinders the department’s work.
\nPlans to summon the Attorney General before Parliament has already earned the wrath of the Bar Association of Sri Lanka, the country’s largest body of lawyers.<\/p>\n

The summoning of individuals before Parliament to explain the legitimacy of their acts could seriously undermine the independence and integrity required of such public functionaries, the Bar Association of Sri Lanka stated in a communiqu\u00e9 released on Sunday.<\/p>\n

“Whilst the legislative supremacy of Parliament is respected, summoning persons before Parliament to explain the legitimacy of their work undermine independence and integrity and could result in public ridicule,” the BASL conferred.<\/p>\n

The stand taken by the Bar Association strongly indicates that the summoning of AG before the country’s legislature will open a new battlefront for the government.
\n\u2022
\nCourtesy:Daily News<\/strong><\/p>\n

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By Rasika Jayakody The special Cabinet meeting on the Avant Garde controversy, held on Monday, was supposed to be full of fireworks and high drama. A group of Cabinet ministers, over the weekend, held lengthy discussions to exert pressure on the government calling for Minister Thilak Marapana’s resignation over the Avant Garde controversy. They stressed …<\/p>\n

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