A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, July 12, 2018
CIABOC determination:MPs can sell their duty free vehicles
By Shamindra Ferdinando-July 11, 2018, 11:57 pm
The Commission to Investigate Allegations of Bribery or Corruption
(CIABOC) has cleared the way for lawmakers to sell super luxury vehicles
imported under special duty free scheme available for parliamentarians
since the 1970s.
Secretary to the CIABOC R.M.V. Shanthi Jayasekera has asserted that the
transfer of vehicles imported by lawmakers wasn’t contrary to the
Bribery and Corruption law.
Jayasekera was responding to attorney-at-law and public litigation
activist Nagananda Kodituwakku, who, at the onset of the
Sirisena-Wickremesinghe administration, moved the Supreme Court against
the CIABOC for not initiating action against those who sold their
vehicles.
Kodituwakku told The Island that he raised the issue with the CIABOC in
late 2015, soon after the last parliamentary poll. Additional Solicitor
General Dilrukshi Dias Wickramasinghe, President’s Counsel, was the
Director General, CIABOC at that time.
Wickramasinghe was succeeded by Additional Solicitor General Sarath Jayamanne, President’s Counsel in Nov 2016.
Kodituwakku quoted Jayasekera as having told him that following careful
consideration of material gathered by the CIABOC, the Commission decided
to discard the complaint on the basis the material revealed therein
were not contrary to the Section 70 of the Bribery Act.
Jayasekera had said that she was acting on the instructions of the
Commission. The CIABOC top management comprises Justice W. Lal Ranjith
Silva, Justice T.B. Weerasuriya (Chairman) and Neville Guruge. Jayamanne
functions as the Director General responsible for the execution of the
operations, including high profile project to adopt a new
anti-corruption plan.
Kodituwakku said that regardless of CIABOC’s decision, he would go ahead
with planned action in the Supreme Court against the car permit abuse.
Kodituwakku said that he would file an amended petition in respect of
contempt charges made against the three Commissioners and its Director
General, in addition to a fresh petition seeking restoration of
lawmakers’ vehicle abuse case. The lawyer said that he could make
submissions before August 30.
The former senior Customs officer said that in the wake of CIABOC
determination, lawmakers would breathe a collective sigh of relief as
all political parties except the JVP allowed its members to sell
vehicles imported on duty free permits issued by parliament.
Each permit allowed tax exemption of over Rs 30 mn, Kodituwakku, said
adding that such special privileges should be examined against the
backdrop of moves to impose special additional tax on those who
privately owned vehicles in case their annual income is over Rs 500,000.
Kodituwakku challenged political parties to publicly state their
position on special status given to lawmakers at the expense of the hard
pressed public.
In his submissions to the Supreme Court, Kodituwakku asserted that the
state suffered a revenue loss of Rs 7 bn annually due to lawmakers
selling vehicles to those who could afford to pay as much as Rs 25 to Rs
30 kn or more to acquire super luxury vehicles.
According to data pertaining to re-registration of vehicles obtained
from the Registrar of Motor Vehicles (RMV) in accordance with the Right
to Information Act, the vast majority of lawmakers in current parliament
opted for Toyota Land Cruisers.
Responding to another query, Kodituwakku said that the government, in
its first fiscal policy statement delivered on 2015 Nov 20 assured that
lawmakers’ duty free vehicle scheme would be rescinded. Alleging that
the government reneged on its own promise, Kodituwakku pointed out that
during Mrs. Wickramasinghe’s tenure as DG, CIABOC, he was told in
writing that loss of revenue caused due to implementation of government
policy in respect of duty-free concessions given to members of
parliament.
Kodituwakku, who hold UK dual citizenship emphasized that the crux of
the matter was that those who bought vehicles imported on duty free
permits were not entitled for that privilege.
In accordance with the 19th Amendment to the Constitution enacted in
April 2015, lawmakers are entitled to import duty free vehicles every
five years.
Kodituwakku said that those who had acquired lawmakers’ vehicles but
refrained from registering them for obvious reasons were likely to take
advantage of the CIABOC determination.