Counsel objects to D.E.W. Gunasekara making personal observations

Legal Counsel Chanaka de Silva objected to allowing former Parliamentarian D.E.W. Gunasekara to making his personal observations on the Treasury Bond issue at the Presidential Commission yesterday.

De Silva rose to object when Senior Additional Solicitor General Dappula de Livera asked if Gunasekara has any observations to make on the issue before the conclusion of leading the evidence for the day.

Former Parlimentarian D.E.W. Gunasekara was testifying before the Presidential Commission to Investigate and Inquire into the Issuance of Treasury Bonds yesterday. He was the Chairman of the first COPE subcommittee appointed to probe into the Treasury Bond issue.

Responding to S.A.S.G. de Livera, Gunasekara said that he does have observations and his personal opinions on the issue, but they would be irrelevant to the mandate of the Presidential Commission.

Legal Counsel to former CBSL Governor Arjun Mahendran, Attorney Chanaka de Silva pointed out that making such observations are irrelevant to a fact finding Commission.

“I thought this witness has only come to produce the documents that were lead before this Commission,” de Silva said. “If that was the case, we didn’t have to summon MP Gunasekara, we could have asked the Secretary to Parliament to produce these documents,” he also said.

Objecting to de Silva’s submission, S.A.S.G. de Livera said the former is trying to dictate to the Commission to which de Silva replied, he is only making a submission and that he has the right to do so.

Supreme Court Justice K.T. Chitrasiri said that de Silva should be allowed to make submissions and that nobody can dictate the Commission.

“In what capacity can he give evidence? He is not a member of the Central Bank. He has no idea as to what transpired there in relation to the Treasury Bond issue.

He was only the Chairman of the COPE Subcommittee which recorded evidence produced before this Commission today,” Counsel Chanaka de Silva pointed out.

De Silva also said that if in fact the Commission is to take opinions of certain individuals, they should have the relevant expertise on the subject at hand. Since Gunasekara does not have the expertise, his personal opinions are irrelevant to the Commission’s mandate,” de Silva said.

He further said that on this basis, it is against the general norm to allow MP Gunasekara to make opinions and observations on the Treasury bond issue in his testimony to the Commission.

“If Gunasekara is to make any irrelevant observations, the Commission can stop him from doing so,” S.A.S.G.de Livera pointed out.

Asked by Supreme Court Justice K.T.Chitrasiri if there are any solid facts that he wants to draw the attention of the Commission, MP Gunasekara said he takes the same position as De Silva does.

“The evidence led by the COPE Subcommittee chaired by me was accepted to be admissible by the new COPE committee chaired by MP Sunil Handunnetti. The only thing I have to say is that the Presidential Commission should consider the evidence given before the COPE Subcommittee chaired by me, in to consideration when preparing the final report,” former MP D.E.W. Gunasekara said.

Meanwhile, asked as to why the first COPE Subcommittee was not able to produce a complete report on the Treasury Bond issue, MP Gunasekara said they were not able to do so as Parliament was dissolved in June 2015 for the General Election.

“We were requested by the Speaker of Parliament to prepare an interim report on the proceedings of the case. So on June 25 and 26, we prepared an interim report on the progress of the COPE Subcommittee on the Treasury Bond issue. However, Parliament was dissolved on June 26,2015. So I let the Speaker know that we are not able to produce the interim report,” Gunasekara explained.

Asked on if some members of the first COPE Subcommittee did not agree with the interim report, former MP Gunasekara said three of the seven members who were present at the final meeting held on June 26, objected to the interim report.

He pointed out their objection was on producing an interim report instead of a full report only. Senior Additional Solicitor General Dappula de Livera led the evidence.

Central Bank Director of Human Resources Kalyani Gunatilake and former Assistant Central Bank Governor B.Karunatilake are to appear before the Presidential Commission today. 

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