Commission says well aware of MPs’ privileges

Ravi K to appear before Bond Commission on August 2:

Foreign Minister Ravi Karunanayake failed to appear before the Treasury Bond Commission for the second time yesterday. His lawyer said that he was summoned for a Security Council meeting, called for by the President.

Following the absence which resulted in back and forth dialogue between the Commission and Karunanayake’s lawyer, the Commission said that Minister Karunanayake must appear before the Commission on August 2, 2017 to give evidence.

Chairman K.T. Chitrasiri pointed out to Karunanayake’s lawyer that the Commission is taking measures to accommodate his client’s commitments. He said that in return Minister Karunanayake should also be considerate of the demanding time frame within which the Commission has to work.

The PCoI initially issued a notice on last Saturday (22) summoning Minister Karunanayake to appear before the Commission on Tuesday (25). However, a lawyer representing Minister Karunanayake informed the PCoI on Monday (24) that his client is unable to comply with the notice due to pre-arranged official commitments.

Thereafter Minister Karunanayake was summoned before the Treasury Bond Commission following evidence led on a Penthouse which was rented by the Perpetual Treasuries former CEO Arjun Aloysius for eight months on behalf of Minister Karunanayake’s family, spending around to Rs. 10 million for the lease.

Subsequently to Minister Karunanayake’s absence the Commission did not sit on Tuesday (25) since no other witnesses were lined up for the same day. The PCoI re-issued the summoning notice to Minister Karunanayake on Tuesday (25) for Karunanayake to appear before the Commission on yesterday (26).

At the Commission yesterday, with respectively a larger gathering of lawyers, journalists and the public present to witness the proceeding, the Commissioners Chairman Justice K.T. Chitrasiri, Justice P.S. Jayawardena and former Deputy Auditor General V. Kandaswamy commenced the hearing as usual in the morning at 10.00 a.m. Minister Karunanayake’s lawyer President’s Counsel Rienzie Arsakularatne accompanied by his panel including lawyers Namal Karunaratne, Shyamindri Arsakularatne and Thilina Gunatilake then marked their appearance before the Commission.

Arsakularatne PC then rose to inform the PCoI that his client, Minister Ravi Karunanayake is unable appear before the Commission since he has been summoned by the President Maithripala Sirisena to attend a Security Council meeting held on the same day morning. Chairman Justice K.T. Chitrasiri after paying attention to the submissions, pointed out that the Commission is well aware of the privileges in the parliament and said the Commission is not going to call Karunanayake on the days that the parliament is sitting.

Chairman Justice Chitrasiri then asked Arsakularatne PC if Karunanayake is able to appear before the Commission on Saturday (29). Arsakularatne PC said he did not receive instructions regarding the weekends.

While pointing out the reason for summoning Minister Karunanayake, Chairman Justice Chitrasiri told Arsakularatne that the Commission “is trying to find out the truth and ascertain the facts (regarding the evidence led) and him not being here when he is summoned, we cannot make a decision.”

Karunanayake’s lawyer repeated his client’s difficulties when Justice P.S. Jayawardena pointed out the time frame within which the Commission is operating.

“We have summoned your client on one day and then we were told that he cannot attend. We asked him to come today and today parliament is not sitting in the morning.” Justice Jayawardena said. Arsakularatne PC again pointed out Minister Karunanayake was attending the Security Council Meeting in the morning. Minister Karunanayake’s lawyer assured that his client will appear before the Commission on the fixed date and said that “Minister Karunanayake is very much willing to come to the Commission to give evidence” if it were not for his official commitments which include “parliament sessions, a cabinet meeting on next Tuesday and an official visit to Maldives on next Monday.”

Justice Jayawardena said Minister Karunanayake must not be absent again on August 2 and added a comment saying “That is that.”

Arsakularatne PC assured the Commission that Minister Karunanayake is available on August 2,2017. Following the absence of Minister Karunanayake the PCoI adjourned early. Prior to adjourning Chairman Chitrasiri asked Senior Additional Solicitor General Dappula de Livera if the AG’s panel could lead evidence with Central Bank Assistant Governor R.A. Jayalath who is the next witness to be summoned before the Commission.

SASG De Livera said they are not ready to lead evidence out of schedule. He pointed out the AG’s panel is working round the clock in order to lead comprehensive evidence so that they cannot rush the investigations or the preparations to leading evidence.

While pointing out that the AG’s panel has been fully committed in assisting the Commission, De Livera said the mandate of the AG is to investigate and present evidence. “We are expected to investigate and for that we need time. “De Livera also said that the summoned witnesses should come and give evidence so that investigations could be executed on new information as well.

While expressing his confidence that AG’s panel will be able to lead evidence with AG Jayalath on Friday (28), Justice Jayawardena told de Livera to “make no stone is left unturned” before the conclusion of evidence led by the Attorney General. 

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