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Thilanga's
jail-house rock
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By
Frederica Jansz
Thilanga
Sumathipala from his remand bed at the Merchant's Ward in the National
Hospital chaired a board meeting of Sri Lanka Telecom (SLT), which was
called last Monday, with the intention of adopting a final resolution to
remove him as SLT chairman.
The
meeting was specifically summoned on Monday, 9th, for a final decision
to be adopted with regard to removing Sumathipala from his post as
chairman. Both the government and President Chandrika Kumaratunga
recommended that Sumathipala be removed from his post as SLT chairman.
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Kumaratunga
and the government based their decision on the fact that Sumathipala
continues to remain in remand custody and is being held on charges under
the Immigration and Emigration Act (amended).
Company
in limbo
The
board of directors thus prepared a resolution noticing Sumathipala that
he must be removed as chairman due to the fact that the affairs of SLT
as a company remain in limbo as long as he continues to remain under
remand custody.
Adviser
to the Finance Minister and
a Director on the SLT board, K. C. Logeswaran confirmed that Sumathipala
did indeed chair Monday's meeting via teleconferencing.
Under
Article 107 of SLT's Memorandum and Articles of Association,
teleconferencing for board members unable to be physically present is
allowed.
Logeswaran
said that all board members received a letter from Sumathipala on Sunday
informing them that under Section 107 he would chair the meeting using
teleconferencing facilities.Sumathipala has reiterated in the letter
that all necessary arrangements had been made in this regard via the
prison authorities and SLT.
Commissioner
General of Prisons, Rumy Marzook initially said he knew nothing of such
permission granted to Sumathipala for this purpose by the prison's
authority. Marzook reiterated however that such a decision would not
have to be made by him, but by the superintendent of the Welikada prison
under whose custody Sumathipala has been placed.
Checking
on the matter, Marzook later confirmed that Welikada SP Sarathchandra
had indeed granted permission to Sumathipala to chair Monday's meeting.
Meantime,
Chief Executive Officer, SLT, S. Anan who was overseas together with
three other Japanese directors also viewed the meeting from Japan using
the teleconferencing facility.
Teleconferencing
When
board members arrived at SLT on Monday all telecommunication links were
established for the meeting to begin with Sumathipala visible from his
remand bed at the Merchant's Ward.
Board
Secretary, P. G. Dias informed the members that the facility had been
arranged by Sumathipala himself and complied with by staff since,
"after all, he remains the chairman," she had said.
When
we contacted Dias, she refused to confirm or deny that such an
arrangement had allowed Sumathipala while under judicial custody to
conduct a board meeting at SLT demanding only, "tell us who is your
source."
The
board members meanwhile did not argue the arrangement presuming since
Sumathipala was in remand custody the prisons must have lent permission
as such a facility would also require connection to his bed at the
Merchant's Ward. The Japanese meantime were also put on line and the
meeting commenced.
The
board members physically present at the meeting were N. Pathmanathan,
Rose Cooray, Ananda Gunetilleke and K. C. Logeswaran.
Deputy
Secretary, Treasury and Director, SLT, N. Pathmanathan proposed the
resolution to remove Sumathipala as chairman.
Sumathipala
responded saying the resolution was not in order and cited certain
clauses under the Articles of Association.
The
directors however insisted that due procedure had been carefully
followed in this regard. They made it clear to Sumathipala that their
decision to remove him was based on his inability to conduct the day to
day affairs at SLT.They further reiterated the board refrained from
taking action the first 10 days after he was placed in custody, but that
since the situation was continuing and his release uncertain
administrative affairs at SLT could not hang in the balance, but
required a working chairman.
One
objection
The
board therefore reiterated its position that the resolution must be
passed.Sumathipala continued to object, supported by one other director,
Ananda Gunetilleke who agreed with Sumathipala on the grounds that Anan
was not physically present and that there was no great hurry to proceed
- but a decision on the matter could await Anan's return to the country.
The board meeting was thus abruptly adjourned. Gunatilleke was appointed
to the SLT board by the PA government and continues to serve in the
board due to the government's failure to remove him after assuming
office in December 2001.
Anan
returned three days later on Thursday, 12th.Pathmanathan was scheduled
to meet with him on Friday, 13th and discuss if a new notice should be
drafted in this regard for a fresh board meeting or the present notice
would serve the purpose of continuing with last Monday's adjourned
meeting.
At
Monday's meeting, speaking from Japan Anan had asserted the Japanese
would support the government's decision in this regard maintaining this
is part of the agreement Japan shares with the government. The latter
remains the majority shareholder. Anan however had requested a formal
letter from the Treasury recommending Sumathipala's removal as SLT
chairman.
The
board of directors had reiterated that their resolution was not
independent of the government's decision to remove Sumathipala but
however agreed to submit a separate letter to the Japanese recommending
for Sumathipala's removal.
Informed
sources revealed that this letter is in the process of being prepared by
Treasury Secretary, Charitha Ratwatte.
It
is reliably learnt that the government's nominee for an interim chairman
to SLT is to be K. C. Logeswaran. The latter has been actively involved
with the privatisation of SLT, has served as ministry secretary and
continued to maintain good relations with SLT staff.
Bordering
on lunacy
A
senior executive at SLT who requested anonymity said he cannot
understand why Sumathipala does not step down and perhaps even nominate
an acting chairman. After all, he said this would be in the best
interest of the company, but that Sumathipala's determination to remain
as chairman is seriously placing in jeopardy the administration of SLT.
It has also raised questions why Sumathipala is insisting on clinging on
to his post in the multi-million dollar company. The truth, insiders say
will be out soon.
Perhaps
it is because Sumathipala is living by the old adage "those the
Gods seek to destroy first make them mad."
And
that Sumathipala is bordering on lunacy he has amply portrayed when he
presents himself to the Colombo Magistrates's Court, arriving in an
ambulance, cloaked in white and supported with a walker - one can only
wonder at Sumathipala's lack of conscience and his unending ability to
deceive.
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Back
at Merchant's Ward
By
Mandana Ismail Abeywickrema
The
legal battle involving President, Sri Lanka Cricket and Chairman,
Sri Lanka Telecom, Thilanga Sumathipala took a new twist on
Thursday (12) when Colombo Chief Magistrate, Kusala Sarojini
Weerawardena ordered Sumathipala
be taken to the Prisons Hospital and not the Merchant's
Ward of the Colombo National Hospital. However, Sumathipala under
Section 198 (1) of the Prisons Ordinance could request to be
transferred back to a paying ward.
Sumathipala's
case, which has now entered the trial stage, was first taken up on
Tuesday (10). President's Counsel Gamini Marapone and Rienzie
Arsecularatne appeared for Sumathipala.
Sumathipala
as usual made his appearance, dressed in white, in an ambulance
and then sat on the defendant's bench leaning against a walker.
Although Sumathipala was brought to courts in a National Hospital
ambulance, a Ceylinco Swift Care ambulance was also parked outside
- on standby. Apart from two ambulances, Sumathipala when
attending court is also surrounded by attendants, special security
and a motorcade.
At
the beginning of the day's proceedings the state counsel, headed
by Deputy Solicitor General, Suhada Gamlath requested for the
Prisons Commissioner's report on why Sumathipala was sent to the
Merchant's Ward and not the Prisons Hospital. Due to the absence
of the report, the judge summoned Commissioner Rumy Marzook to
appear on the 12th.
On
the request of Gamlath, the judge also requested for another JMO
report on Sumathipala's condition and whether he could be treated
at the Prisons Hospital.
The
12th saw Sumathipala making his way to the courts, this time only
in a National Hospital ambulance. Once inside the courtroom, he
appeared comfortable, looking around, smiling with some and
occasionally asking a jailor to stand in front of him to make sure
he was covered from certain sections of the crowd.
On
the 12th, Marzook appeared with his lawyer, President's Counsel,
M. L. M. Ameen, who stated that Marzook has not received any
letter requesting him to submit a report. The judge after perusing
the documents admitted that the letter requesting for the report
had not been sent to Marzook. However, as for Sumathipala being
treated at the Merchant's Ward, Ameen stated that under Section
198 of the Prisons Ordinance, a prisoner could request to be sent
to a paying ward at his expense.
Ameen
also stated that the statement made at the previous hearing that
Sumathipala does not have a prisons number was incorrect as
Sumathipala has been given a prisons number - 219.He maintained
Sumathipala has not been given any special treatment.
Marapone
at this stage strongly voiced his objections to the state queries
stating that the media has been unfair to his client as even
before the beginning of court proceedings, Sumathipala was tried
and convicted, which was prejudicial. He also stated that it is
difficult to hold a fair trial adding that Sumathipala's life is
also in danger due to these media reports.
Marapone
stated that according to the law, Sumathipala's transfer to
another hospital should be determined by his doctor and the head
of the hospital where he is presently receiving treatment and not
by the JMO. The JMO report however, stated that Sumathipala could
be treated at the Prisons Hospital. Even a letter submitted by
Director, National Hospital, Dr. Hector Weerasinghe and
Sumathipala's physician, Dr. Narendra Pinto has stated that he
could be treated at the Prison Hospital if necessary facilities
are available.
When
questioned as to whether the prisons doctor had inspected
Sumathipala at any stage once remanded, Marzook stated that the
matter comes directly under the Welikada Superintendent,
Sarathchandra. The judge allowed Marzook to walk out as he was not
at fault.
SP
Sarathchandra stated that it was his deputy, who had been at
courts the day Sumathipala was remanded, who called him and said
that Sumathipala had requested to go back to the Merchant's Ward.
He further stated that since Sumathipala was in another government
institution, the prisons doctor had no right to inspect him,
adding that Sumathipala had not been discharged from the Colombo
National Hospital.
Gamlath,
firmly standing by his position stated that he does not object to
Section 198 of the Prisons Ordinance, but simply expects to see
the normal procedure being followed in this case too and that
Sumathipala must be presented to the Prisons Hospital and once
examined by the prisons doctor depending on his condition be
transferred to a paying ward. He stated that none of these steps
have been followed in Sumathipala's case.
The
judge then ordered Sumathipala to be taken to the Prisons Hospital
before following Section 198 of the Prisons Ordinance. The judge
also accepted the amendment to the charge submitted on the 10th.
Proceeding with the trial, former Chief Executive Officer, Sri
Lanka Cricket, Dhammika Ranatunga was called to the stand.
Ranatunga's answers, which were not firm, prompted the judge to
call the case again on the 17th, once Ranatunga was
familiarised with the documents to give evidence.
Deputy
Solicitor General, Suhada Gamlath, Senior State Counsel Vijith
Malalgoda, Yasantha Kodagoda, Priyantha Nawana and Rohana
Jayasundara represented the state.
Sumathipala
however after being taken to the Prisons Hospital was transferred
back to the Merchant's Ward as the prisons doctor stated that she
was not well equipped to treat him at the Prisons Hospital.
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