The dilemma affecting the powerful Public Accounts Committee (PAC) of Parliament reached boiling point twice last week with twin incidents on Wednesday.

The first was when Minister Rauf Hakeem who heads the PAC came under a blistering attack by many opposition legislators, with one claiming his privileges were violated as a PAC member, due to non implementation of a collective decision taken by the PAC.

The second was showdown later in the day when Hakeem who wished to raise the same matter with the President in his capacity as Minister of Finance, was literally shown the door. The man however stood his ground.

COPE - giant strides

Yet, the real issue that plagues the PAC is not the man at the helm of PAC affairs per se but what he has failed to do in furtherance of the PAC cause. There is no dispute that the Committee on Public Enterprise (COPE) has taken giant strides due to the able chairmanship of Wijedasa Rajapakse who has together with his team proved that parliamentary committees could actually be of true service and something the public can be proud of.

But the PAC in contrast suffers from a malady. The thorny issue that has the opposition demanding Hakeem be replaced by another as PAC head is due to an inability to implement a collective decision taken on October 11 to request Finance Ministry Secretary, Dr. P. B. Jayasundera to send Inland Revenue Chief, A.A. Wijepala on compulsory leave until investigations with regard to the VAT scam are completed.

Hakeem however was to explain that he had to first gather all the available material and Hansard reports before implementing the decision to ensure everything was in order.

There is no dispute that it is the correct procedure to conduct inquiries after sending a public servant on compulsory leave but the rule, strangely enough does not appear to apply to this official.

In this instance, there is a further need to do so as the Rs. 4 billion VAT scam occurred during Inland Revenue Commissioner General, A. A. Wijepala's tenure. Secondly, the PAC members, irrespective of their hues collectively accept that some of the Inland Revenue Department files relating to the VAT scam had gone missing and fear that more would disappear if the status quo were maintained.

Biggest fraud

The PAC members raise serious concerns about investigations being affected if the incumbent head continues in his position, which is a legitimate worry.

It is here that they question Hakeem's reluctance to fire a letter to Jayasundera recommending compulsory leave for Wijepala. Hakeem however was to set out his position in cabinet last week.

The VAT scam amounting to more than Rs. 4 billion, the PAC does believe has been the biggest tax fraud committed in Sri Lanka's history.

The PAC conducted its own inquiries based on the Auditor General's report and met nine times during this year to study the report in detail and made recommendations. Eventually on October 11 it was decided that the current department chief should not stay as it could impede the investigation process.

According to inside sources, the reluctance to send the letter to Jayasundera was due to mounting pressure on Hakeem that the PAC too was about to follow the COPE route - which means, an embarrassment to the government with its own officials being hauled before committees to explain their conduct.

This was succinctly put to parliament last week by Wimal Weerawansa who made a casual remark about the LTTE.

Destroying economy

He said the LTTE was hell bent on destroying Sri Lanka's economic targets and this they did through violent means. Some of the government officials, charged with the duty to protect state property and to prevent abuse and corruption too have resorted to similar conduct. "They too attack our economic targets and all one has to do is to take a look at the VAT scam," he noted.

Clearly, for reasons best known to him, Hakeem has been delaying the sending of the required letter which has only earned him the wrath of his own committee members.

According to the JVP's Wasantha Samarasinghe, the best course of action is for the Minister to resign from his post, as he is obliged to toe the government line as a cabinet minister.

To this position, the PAC Chairman has objected, demanding that if unhappy with his chairmanship, a substantive motion should be brought against him without making inferences.

But the real problem that retards the PAC flows as an indirect consequence of the vibrant functioning of COPE under Wijedasa Rajapakse, according to inside sources.

Government unhappy

Government sources claim that the government was thoroughly unhappy with the recommendations of COPE - such as perpetrators to be referred to the Permanent Commission Investigating into Allegations of Bribery and Corruption.

What becomes visible through Hakeem's reluctance is actually the government's inability to adopt a stance to crackdown on those who have been liberal with public funds. The course chosen by the government is to play the role of protector where these corrupt officials are concerned, hence the unhappiness with regard to COPE's performance and now PAC's similar performance.

It is then government policy to shield those who rob the nation than to sue the parliamentary committee system to bring them to book.

Meanwhile, Minister Hakeem has also promised to produce the PAC interim report in three weeks - an insurmountable task, given the fact that many a PAC's transcribed reports have not been delivered to Hakeem by the Hansard Department.

Open clash

His task is made further difficult by the battle that now rages with the Head of State openly clashing with the PAC Chairman over the decision to have the Inland Revenue Chief sent on compulsory leave, as per PAC decision. 

However, PAC is also plagued by the moral dilemma of having a cabinet minister to head it. 

It would be in the best interest of all parties, especially the members of the public if Minister Hakeem chooses to let go than hold a double-edged sword. It would require him not to compromise his government position and would also not make the PAC function below potential.

In the highest traditions of parliament, the UNP in 2002 appointed two opposition legislators as COPE and PAC chairman. It is an example best emulated by others.

Hell hath no fury like a m inister exposed

Arthur Brought to court in Handcuffs by the prison authorities for the bail hearing and (inset) Mano Wijeratne

CID stoops so low to bring racism to the court house

Magistrate Jayasena reprimands CID for frivolous statements

Magistrate warns of dangerous trend if journalists
arrested on a minister's word

Documents prove Mano got Barathi's bill paid by Gem Authority

By Shelton De Alwis Seneviratne

Little did young Arthur Wamanan Sornalingam know as he entered the Tamil stream of his alma mater S. Thomas' College, Mt. Lavinia 18 years ago, that one day in a court house, his language would be made the basis of his incarceration.

Little did the young journalist guess that in the country of his birth there would come a time so cursed that his race would be submitted as a basis for arrest.

Arthur was not to know as he grew up along the coastline of Mount Lavinia that one day a black era would dawn where being a Tamil would almost constitute a crime.

Last week senior CID officials without a blush of shame on their jowls of modesty submitted reasons why young Arthur Wamanan should not be granted bail. His parents they said are Tamil and have connections to the north having been born in the north. And for good measure they said Arthur lived in the Wellawatte area leaving the rest to the imagination of the court.

Pray when did it become a crime to be born in the north and east or anywhere else in the country? CID officials however obviously felt that by this utterance they had an open and shut case.

A few good men and women

We said it before and we will say it again. If there lies any hope for the people of this country, that hope lies within the judiciary. All a nation on the brink of an abyss of despair needs is a few good men and women. All this country needs to rid itself of this culture of barbarism and impunity is an upright and independent judiciary coupled with public outcry.   

Last Friday (26) the Mount Lavinia Courts saw justice in action.

The Magistrate's Court in ordering bail for The Sunday Leader journalist Arthur Wamanan, castigated senior CID officials, observing that keeping the journalist in remand would be unreasonable and unjust.    

Journalist Wamanan was unlawfully arrested last week on October 24 by the CID on the basis of an uncorroborated statement made by Enterprise Development Minister Mano Wijeratne that Wamanan on Friday (19) evening had demanded Rs. 5 million from him to be paid by Saturday (20) 12 noon not to publish an article.

The article referred to an international roaming mobile telephone bill amounting to Rs. 80,717.98 paid by the National Gem and Jewellery Authority. The telephone was registered in Minister Mano Wijeratne's current wife's name, Bharathi D. Wijeratne. Bharathi is the Consul for Turkey in Sri Lanka.

Ironically however, giving lie to the Minister's statement, the article in question was already in print by late Friday night, in time to dispatch the first edition of the newspaper to the outstations on Saturday morning.

The 22 year old Arthur Wamanan works in the investigations desks of The Sunday Leader newspaper. A Thomian, the young journalist is quiet and pleasant by nature, an ardent music fan and sings in the church choir as a matter of practice. Wamanan is about the same age perhaps as President Rajapakse's own son, Namal. They may have even crossed paths down the corridors of that august Anglican institution in which President Rajapakse thought it fit to school his sons. The only difference? Wamanan was in the Tamil stream.

Malaka brat pack 

Wamanan is also about the same age but less feisty perhaps than Bharathi Wijeratne's son from a previous marriage - Rehan Jayawickrema. Rehan, though now in an Australian university lives with Bharathi and her current husband, Mano. Rehan runs interestingly enough, with the Malaka Silva brat pack.

Be that as it may Chief Magistrate, Mount Lavinia, Ayeshani Jayasena lectured senior CID officials at length in open court saying the media was already under pressure and that further incarceration of the young reporter would send the wrong signal to the public.

In what could be termed one of the boldest independent judgments in recent times, in the backdrop of widely reported attempts by the highest in the land to influence the judiciary and the police in many politically motivated cases, Magistrate Jayasena was to tell the police they must come into court expecting to treat all parties equally.

Magistrate Jayasena after listening to the lengthy submissions made by the CID was to ask if they had any evidence other than the Minister's statement to corroborate the Minister's allegations to which they replied in the negative.

Magistrate Jayasena commented from the bench that if the CID were to arrest persons and have them remanded merely on the statement of another person without sufficient evidence it would send a bad signal to the rest of society.

In making her comments on the CID insisting that Wamanan be remanded further, Magistrate Jayasena was to draw frightening parallels. She referred to the case where persons had gone into the office of the Zoological Gardens Director in Dehiwela and beaten him up observing that even though this was a very serious case the police had thought it fit to release the suspects on police bail.  

Calling on the police to treat everyone with an even hand she however stated that the CID may continue their investigations uninhibited and any other information could be taken up during the hearing of the case. The case will be called on November 30, 2007.

Here is the full story

Arthur Wamanan was handed a set of documents by his supervising editor Dilrukshi Handunnetti regarding the payment by the Gem and Jewellery Authority of Mano Wijeratne's wife's telephone bill. In the best traditions of journalism Arthur was advised to call Mano Wijeratne for his side of the story and his comments.

Arthur tried to call several times on The Sunday Leader phone but was unable to connect to Minister Wijeratne who seemed to be cutting off his phone. As it was felt that Wijeratne could have been avoiding the call because he could identify The Sunday Leader phone number Arthur was to now try the Minister on his (Arthur's) private mobile phone.

The Minister then spoke to Arthur, gave his comments, and also told the Journalist he knew from where The Sunday Leader had got the story.   

A few minutes later the Minister was to call Arthur on his mobile phone and ask for his name, which Arthur readily gave him as he had nothing to hide. Arthur then handed the story to his immediate desk head, Editor Investigations, Dilrukshi Handunnetti for publication and went home. 

Handunnetti edited the copy and sent it for final approval to the Editor in Chief, The Sunday Leader, Lasantha Wickrematunge. The copy was duly passed and went in for printing late Friday night to the wee hours of Saturday morning.

The first edition of the newspaper is printed by Saturday morning for distribution to the outstations. 

Accordingly Mano Wijeratne's comments and explanation together with the story appeared on page one with a continuation on page two of The Sunday Leader newspaper of October 24, both in the first and the late city editions of the newspaper.

Niranjan eschews

For the sake of argument let us now take Mano Wijeratne's absurd allegation merely made in order to deflect attention from himself on board.  Consider these things.

 (1) As his own brother, former Diyawadana Nilame Niranjan Wijeratne in a voluntary statement made to this newspaper group said, who would believe that Rs. 5 million would be asked for a story which spoke of a telephone bill of Rs. 80,000. Mind you even his own brother calling this newspaper by his own volition expressed disgust at his brother's behaviour saying he had brought shame to the family.    

(2) Obviously Mano Wijeratne is not familiar with the deadlines in a newspaper. When concocting his tale he forgot like all liars to check his facts. Therefore he accused Arthur of demanding from him Rs. 5 million to be paid before Saturday, 12 noon. Little did he know how quickly he would be exposed.

Arthur's witness

(a) Arthur's own editor Dilrukshi was present during Arthur's entire conversation with the Minister.  

(b) Arthur had no control of whether the article would be published or otherwise, that being the prerogative of a chief editor of a newspaper.

(c ) The article was also already in print by Friday late night and Arthur as a journalist in this institution knows the procedure very well even though he as a young and talented journalist has no control of it.

(3) Wijeratne claims that one Arthur claiming to be from The Sunday Leader newspaper called him demanding money. Wijeratne in fact called back to verify the name. However at no time despite the severity of the offence or the enormity of the sum allegedly demanded did Wijeratne think it fit to call the proprietors of The Sunday Leader.

Whether he likes the newspaper or not, Wijeratne, who states some person claiming to be from The Sunday Leader attempted to extort money from him, should have made an attempt to contact the Editor in Chief, senior journalists or the chairman of the newspaper group. He failed to do that.

(4) But perhaps most vital is the fact that Mano Wijeratne was to wait till the article was published, mind you with his comments, his defence and explanation, before he went to the Wellawatte police to make his complaint. This is two days after he alleges the threat was made. The complaint was later referred to the IGP who in turn referred it to DIG CID Jayantha Wickremaratne. 

Be that as it may on Tuesday (23) Mano Wijeratne makes a special statement in parliament accusing Wamanan of extortion under cover of absolute privilege.

Qualified privilege

On Wednesday (24) the state owned Daily News published his entire statement. The state media enjoys qualified privilege in publishing such statements and can only do so without malice. However the state media in publishing such a statement which contained serious allegations of a criminal nature against a journalist without so much as asking for his comments has not demonstrated absence of malice in its bid to whitewash the Minister.

Devilry afoot  

Be that as it may, on the same day, Wednesday, devilry was afoot. Even as the country was reeling from the shock of the Anuradhapura LTTE attack and media reports had stated that a large number of Mafia gangs had emerged in Colombo, the CID had better things to do.

Mano Wijeratne, a fringe politician from the UNP was to ironically, cross over to the Rajapakse camp together with the likes of Karu Jayasuriya and Milinda Moragoda in order to ensure 'good governance and the rule of law.'

Good governance

But both good governance and the rule of law were thrown out of the window as Wijeratne hell bent on covering up his sins was to make false allegations and use the state mechanism to his advantage, an offence in itself. But we will come to that anon.

At around 2 p.m on Wednesday CID officials hurriedly consulted the Attorney General C.R. De Silva but refrained from making full disclosure of the situation. With the government shaken at its foundations by two LTTE attacks in the space of a week, the CID did not hesitate in exploiting the 'Tamil card.' They told him that "a Tamil woman's phone had been used to make threatening phone calls to Minister Mano Wijeratne."

Understandably the Attorney General gave the CID the green light to go ahead and investigate.      

Now for forms sake at least the CID felt it had the blessings of the AG. However C.R. De Silva was not told that the 'Tamil Woman' was in fact Arthur Wamanan's mother and that Arthur was a young journalist attached to The Sunday Leader.

Be that as it may, three CID officials including the driver and OIC CID, Chandana De  Silva visit Arthur Wamanan's house in Mount Lavinia at about 4.15 p.m that Wednesday.

Ride to CID

They ask him to accompany them to make a statement regarding the use of his mobile phone. Arthur immediately called his Editor-in-Chief Lasantha Wickrematunge who advised him to inform the CID officers that since it was late he would come to their offices in the morning of the following day to make a statement.

The CID officers who had gone in a jeep bearing number WP HE2479 refuse, and insist, he accompany them forthwith. He is then bundled into the jeep and taken together with his mother in whose name the phone on which he had allegedly threatened the Minister is registered to the Fourth Floor of the CID in Fort.

At about 6.30 p.m OIC Chandana De Silva commences interrogating his mother. About an hour later they ask her to leave the room and start grilling her young son Arthur. Arthur is questioned for over five hours while CID officials tell the parents they should wait in the visiting room.

There seems a glimmer of hope. If they told us to stay may be they will release my son tonight, Arthur's father thinks.        

Meanwhile, Arthur must stay alone with his interrogators who are recording his statement in Sinhala, a language he did not study in. It has not been possible for Arthur to give his statement either in English or Tamil even though Tamil is now a national language. It is his constitutional right to give his statement in one of the national languages.

At the stroke of midnight young Arthur had still not been released. The following day, most opportunely for the CID and their puppet master Mano Wijeratne, is a Poya holiday.

Flogging a dead horse

Wamanan was produced before Acting Magistrate Thaheer Lafir at his residence on Poya day last Thursday. The Acting Magistrate stated he was unable to release Arthur on bail as he was not the regular magistrate. The CID relentlessly flogging a dead horse requested Arthur be remanded for 14 days up until November 7.

However this request was rejected and the case was fixed for last Friday.

In the meantime on Thursday morning, the CID was to call Dilrukshi Handunnetti from Arthur's mobile phone. They insisted that the newspaper produce the documents pertaining to the article on Mano Wijeratne and also asked Arthur Wamanan's mother to present herself again at the CID office.  

Even though the newspaper was not obliged to furnish any documentation, due to the pleadings of Arthur's father on behalf of his son - the documents were handed over to the CID.

As the Magistrate Ayeshani Jayasena herself observed last Friday this episode if not nipped in the bud will send a wrong signal to the public that anything is possible.

Imagine this. For instance if Dilrukshi Handunnetti who was told by the CID over the phone to make a statement had later made a complaint to the police station that the CID officer who spoke to her had said they would drop all charges if given Rs. 5 million, would the CID then arrest the officer merely based on Dilrukshi's uncorroborated statement?

This is a terrible trend that would strike fear in the hearts of every citizen and is a new method to suppress the media. It is also intended to send a message to young journalists they would be subject to similar treatment and harassment if they continued in their jobs especially in the field of investigative reporting.

Fortunately for the media that Friday a fearless and independent judge stood in the way of the devious designs of the CID and their political masters.

Mano's dirty deed

Last week Enterprise Development Minister Mano Wijeratne was an angry man. The Sunday Leader of October 21 published a front page news item exposing the Minister on a mobile bill payment where he had directed the National Gem and Jewellery Authority, a department coming under his purview, to pay his wife's international roaming mobile bill.

If found to be irregular the Minister would be liable under the misappropriation of state property laws, a serious non bailable offence. Wijeratne knows this only too well. It was to deflect from the seriousness of the allegations against him that he was, on Sunday (21) after the article was published, to plot an elaborate plan to turn the focus away from him.

Harlot             

To this end he concocted a false complaint embroiling a young Sunday Leader journalist into a web of lies, and using his ministerial clout, influenced the Criminal Investigations Department to arrest the young journalist Arthur Wamanan at his home.

The CID often made the prostitute of crooked politicians, like the harlot it has become in recent times especially under the Rajapakse regime, was not averse to do the bidding of Wijeratne.  Even departments get accustomed to kerb crawling.

But lest the public lose sight of the real culprit, The Sunday Leader now publishes the documents in its possession which proves Wijeratne in fact got his wife's mobile bill paid for by the Gem and Jewellery Authority.

Mind you Wijeratne was a man who, on the pretext of good governance crossed over to the Mahinda Rajapakse camp.  

Here's the story

Barathi Wijeratne of 547, Galle Road, Colombo 6, the wife of Mano Wijeratne received her mobile bill from Dialog GSM for the period 15/08 -14/09/2007.

The invoice number was BR010709140099304351, the dialog number 0777272326.  According to the bill (See elsewhere on this page for copy) her international roaming charges were Rs.100,897.48

Taking into account previous payments her total due for the month of September 2007 was Rs. 80,353/41

On September 28, 2007 the National Gem and Jewellery Authority prepared a payment voucher No.1818 serial no. 32460 for a sum of Rs. 80,717.98 by cheque no.334172 in settlement of the said mobile bill.

The voucher stated the payment was being made for Mano Wijeratne's mobile bill. The total bill the voucher stated was Rs.100,897/48 and the payment was made for 80 percent thereof.

However it was not the Chief Accountant of the Authority who was to sign the payment voucher but the Director General and Acting Director General of the Gem and Jewellery Authority.

There was also a separate file connected to this payment which was Ku/12/777272326. That is a separate file for the mobile phone which usually would denote that there were many other payments made. (See box for comment by a director of the Authority).

Questions of proper audit practice may be raised as the Chief Accountant has not signed the voucher.

Be that as it may what is more shocking is that Dialog has issued an official receipt dated October 1, 2007 in the name of B. D. Wijeratne referring to WTC212898C - Cheque No. 334172 issued by the Gem Authority for a payment of Rs. 80,717.98.

So even though it was the Gem Authority that has issued the cheque the official receipt was made out to Bharathi Wijeratne, the wife of Mano Wijeratne. (See elsewhere on this page for receipt).

To The Sunday Leader on Friday which comments were published on Sunday 21, Mano Wijeratne admits the connection was in fact registered in his wife' name, who is also his private secretary. He says the bill was paid for calls taken while he was in Azerbaijan.

"The connection is registered in my wife's name. I know where you got all this information. I don't have a phone, a house or anything. You can publish these," he said.

Barathi Wijeratne is also the Consul for Turkey. The number O777-272326  registered to his wife is his official mobile phone.

Wijeratne has also said that the charges referred to in the documents relating to the article are for official international telephone calls organised by him during an official visit to India and Azerbaijan. He also states that en route to Azerbaijan, his wife as the Private Secretary, and he had lost their baggage for two days and it was for this purpose to locate his luggage that he was using this phone.

He says that his wife is not only his private secretary but also the Consul General for Turkey.

Talking Turkey

There are strict regulations governing the payment of bills of private secretaries of ministers. Therefore the Minister who professes to champion good governance should be well aware that he cannot use his wife's phone more so his private secretary's mobile phone and get his bills paid. It is immaterial whether his wife is the consul for Turkey or not.

Payments of bills of a private secretary of a minister are governed by specific treasury regulations as are the payments and facilities afforded to a minister.

Therefore for Wijeratne to say that he is getting a department coming under his purview to pay his private secretary's telephone bill stating he is using it as his official phone is far worse than if he got his wife's bill paid. And by the way, it remains still immaterial whether she is a consul for Turkey or not.   

Remember facilities afforded to his private secretary are already regulated. Therefore by submitting bills on her behalf to other departments when the Ministry budget estimates have already made allocations for such facilities as communications, Mano on his private secretary/wife's behalf may be allegedly in effect duplicating her facilities. For in reality as private secretary she already has a treasury allocation for communications.

Furthermore has Mano Wijeratne given a breakdown of the calls he has made on this phone which he claims are official and taken in order to locate his lost luggage en route to Azerbaijan? The answer simply is in the negative.     

And not only should such payments be governed by financial regulations but also by the National Gem and Jewellery Authority Act.

As an independent Authority the usual practice according to sources at the Authority is for the board to take a decision and approve the payment of bills. Sources said that if no board approval had been obtained then the payment would be unauthorised.

Sources revealed that this particular payment on behalf of Minister Wijeratne had never gone to the board for approval even though the Director General and Acting Director General have authorised the payment. Inside sources said the DG had approved the payment, the Acting DG had countersigned and a clerk in the accounts department had written out the cheque.

However the Director General and Acting Director General also have the authority to sign a payment voucher but inside sources say the payment had never reached the Chief Accountant. The Sunday Leader was unable to immediately contact the Chief Accountant.