* PCoI unconvinced
* ASG says other EPF witnesses crucial
* ASG Livera and his team commended
By Shehan Chamika Silva
Appearing for former finance minister Ravi Karunanayake, President’s Counsel Rienzie Arseculeratne today informed the PCoI that his client was unable to be present at the inquiry because he had to attend a Security Council (SC) meeting convened by the President.
When questioned by the PCoI, Mr. Arseculeratne PC said the minister had to attend parliamentary sessions scheduled for today and tomorrow and will be leaving for the Maldives on Monday and according to his instructions the minister will testify at next Wednesday's inquiry.
Considering time constraints, the PCoI asked the counsel about the possibility of the minister being present on Saturday. Mr. Arseculeratne PC said he was not so instructed.
During submissions, it was revealed that the minister had already submitted a letter to the PCoI with regard to the inquiry.
“We need to find out the truth, that is why the minister was summoned,” Justice K.T. Chithrasiri said.
It appeared that the Commission was unhappy about the minister's absence at the inquiry.
Justice Prasanna Jayawardena was also of the view that as much as the PCoI respected the duties of the minister, he on his part, should also be concerned about the convenience of the proceedings because the PCoI had a limited time frame to complete its mandate.
“On the first day we summoned him, he said he has to attend Cabinet meetings and then we again summoned him to be present yesterday because there were no cabinet meetings but he now says he as to attend a security council meeting,”Justice Jayawardena said.
In response Mr. Arseculeratne PC assured the commissioners that the minister would attend the inquiry next Wednesday.
Justice Jayawardena informed Mr. Arseculeratne PC that it would be the last chance to be present and if the minister failed to attend the inquiry on the promised date then commission would have to reconsider its options.
Subsequently, when questioned, Additional Solicitor General Dappula de Livera said they had not lined up a new witness to testify before the PCoI in the absence of the Minister.
Justice Jayawardena said two to three days of PCoI proceedings had been wasted because of the situation that had cropped up and asked the ASG to call Mr. Jayalath, who is a witness from the EPF, to testify on the next two days.
However, even though the commission wanted to summon another witness until the minister attended; the ASG was of the view that his Department would be unable to lead evidence from witnesses, Mr. Jayalath or interdicted EPF dealer Saman Kumara during the next few days because the investigations into their activities were still ongoing.
However, the Commission wanted one of the witnesses to be summoned and asked ASG to produce a witness immediately despite the conclusion of the investigations. The ASG said he could produce a witness but would not be examining him at the PCoI because he needs more time.
“:We have been working day and night, my team works on a 24 hour schedule, there are lots of material to be perused and several persons to be interviewed in relation to those two crucial witnesses,” ASG Livera said.
The Commission replied, “We are fully aware that the Attorney General’s Department is completely committed to the inquiry and about the superb work done so far,” Justice Jayawardena said.
ASG Livera informed the commission that the next two witnesses from the EPF were crucial and as such needed more time to investigate before bringing him in.
Justice Jayawardena said the entire country was concerned about the commission’s report therefore, with the aim of writing an impartial report along with definite findings; the commission needs substantial time as well.
The commission also asked the ASG to produce Mr. Jayalath on Friday. The ASG said he would do his best to bring him and extended his maximum support to the Commission.
“No trying, you must produce the witness”, adding some amusement into the conversation the Commission told ASG.
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