Legal Action Slow Against Ethanol Mafia Addi tional Solocitor General’s letter to Customs Department that they will not appear for the Customs Director, Gove rnment Analyst report that shows that the ethanol that was illegally imported contains 95% of thyl Alcohol and Superintendent of Custom D!"! #! Gunawardena’s report that states how $ ayalath threatened the Customs fficers by Nirmala Kann angara-Monday, October 05, 2015 With the exposu re of how certain U!A politicians were in"ol"e # in the illegal importation of ethanol to the country$ action is yet to be ta%en by the Attorney &eneral's (epartment against them as re"eale# by !inance Minister$ )a"i Karunanay a%e$ recently* Startling re"elations ha"e come to light as to how one of these accuse# parliame ntarians$ who now hol#s a portfolio in the new go"ernment is continuously in"ol"e# in the illegal ethanol importation rac%et an# also allege#ly a"oi#ing the payment of +ustoms #uties when importing certain other goo#s* Kachch%a#uge Arun#i%a Wic%ramarachchi !ernan#o$ alias Arun#i%a !ernan#o$ who hol#s the portfolio of (eputy ,ourism an# +hristian Affairs Minister$ an# Muttiah Sasi#haran$ brother of former Sri Lan%an spin bowler Muttiah Muralitharan$ together with some of their pa rtners are a ccuse# of impor ting ethanol in an il legal manne r o"er
tional Solocitor General’s letter to Customs Department that they will not appear for the Customs Director, Government Analyst
report that shows that the ethanol that was illegally imported contains 95% of thyl Alcohol and Superintendent of Custom
D!"!#! Gunawardena’s report that states how $ayalath threatened the
Customs fficers
by Nirmala Kannangara-Monday, October 05, 2015
With the exposure of how certain U!A politicians were in"ol"e# in the illegalimportation of ethanol to the country$ action is yet to be ta%en by the Attorney&eneral's (epartment against them as re"eale# by !inance Minister$ )a"iKarunanaya%e$ recently* Startling re"elations ha"e come to light as to how one of these
accuse# parliamentarians$ who now hol#s a portfolio in the new go"ernment iscontinuously in"ol"e# in the illegal ethanol importation rac%et an# also allege#lya"oi#ing the payment of +ustoms #uties when importing certain other goo#s*
Kachch%a#uge Arun#i%a Wic%ramarachchi !ernan#o$ alias Arun#i%a !ernan#o$ whohol#s the portfolio of (eputy ,ourism an# +hristian Affairs Minister$ an# MuttiahSasi#haran$ brother of former Sri Lan%an spin bowler Muttiah Muralitharan$ together with some of their partners are accuse# of importing ethanol in an illegal manner o"er
the past few years #epri"ing the country billions of rupees in way of taxes #uring theformer )aapa%sa regime*
enalise# by +ustoms,he Sun#ay Lea#er newspaper is in possession of #ocuments to pro"e how allies of(eputy Minister Arun#i%a !ernan#o an# Muttiah Sasi#haran were penalise# by Sri
Lan%a +ustoms an# ha# later release# the consignments bac% to the importer*
“.f the in"estigations re"eal that the importer ha# #efrau#e# the +ustoms$ theconsignment has to be forfeite#$ if not it has to be charge# thrice the amount of the "alue of the goo#s importe#/0 one of the +ustoms sources sai#*
Accor#ing to !inance Minister$ )a"i Karunanaya%e$ the go"ernment has not recei"e#any support from the u#iciary or from the Attorney &eneral$ to which ,he Sun#ayLea#er has #ocuments to pro"e the !inance Minister's claim*
When a consignment of ethanol importe# as 1ropylene &lycol' by (** 2ayalathKrishan eiris$ was #etecte# in 3454 by the then (irector 6re"enti"e7 )e"enue ,as%!orce 6),!7 K* )anan$ the accuse# who was carrying out the illegal importationtogether with M Arun#i%a !ernan#o in or#er to obstruct the in"estigation$ ha#sought the court appro"al to get the goo#s release# stating that the (irector6re"enting7 of the ),! ha# #etaine# the cargo #ue to a personal gru#ge* .n hisaffi#a"it$ the accuse# eiris ha# explaine#$ this personal gru#ge was #ue to "otingagainst the (irector re"enting for the post of +hairman in the election hel# at&ym%hana +lub a few years ago*
Although the then &o"ernment Analyst$ ,*)*N*M* Liyanarachchi$ in a letter #ate#2anuary 8$ 3455 to the Superinten#ent of +ustoms ha# state# that the #etecte#consignment of ethanol containe# 9: per cent of Ethyl Alcohol$ when the +ustoms(epartment re;ueste# the Attorney &eneral's (epartment to appear for the (irectorre"enti"e in the case the accuse# ha# file#$ the then A##itional Solicitor &eneral <*2*W* Wiayathila%e who is now the Attorney &eneral in a letter #ate# March =$ 3455to the (irector &eneral of +ustoms ha# informe# the +ustoms (epartment that it woul# be inappropriate for the Attorney &eneral to appear for (irector re"enti"e K*)anan as the allegations le"ele# against him are personal in nature an# that he shoul# be permitte# to retain pri"ate +ounsel to counter the allegations ma#e against him if
they are untrue*
+onsignment #etecte#“,he consignment was #etecte# an# #etaine# by the then (irector re"enti"e ),! an#it was pro"e# that the sai# importe# ropylene &lycol was ethanol an# it containe# 9:per cent Ethyl Alcohol by the &o"ernment Analyst* ,he importer may ha"e ha# agru#ge with our (irector re"enti"e at that time but this officer #i# not #etain thisconsignment for a gru#ge but since the stoc% was not ropylene &lycol which is achemical to manufacture paint but Ethyl Alcohol* .t was so surprising as to how the
then A##itional Solicitor &eneral without consi#ering the &o"ernment Analyst reportaccepte# the accuse# affi#a"it an# informe# the +ustoms (epartment that the Attorney &eneral's (epartment will not appear for the public officer in courts* Whenthe Attorney &eneral's (epartment is there to appear for public officers this course ofact by the A##itional Solicitor &eneral was #ubious$0 sources a##e#*
Sources further sai# how the accuse# 2ayalath eiris when pro#uce# before ActingMagistrate +olombo Magistrate +ourt No>=$ by the +ustoms ?fficial was release# on bail an# sent home wanting him to come bac% two #ays after 6the following #ay was ago"ernment holi#ay7 to sign the bail papers*
“ As rightly state# by our minister )a"i Karunanaya%e$ the 2u#iciary too was nothelpful when trie# to bring croo%s to boo% as there are many instances where thesuspects who #efrau# the customs #epartment are political stooges* .n this particularinstance since 2ayalath was interfering with the in"estigations$0 sources claime#*
Un#er section 538 A of the +ustoms ?r#inance the (irector-&eneral is of the opinionthat such a capable of interfering with the in"estigation or that the nature of theoffence is such that it is #esirable to %eep that person in custo#y for the properin"estigation of the offence for more than 3@ hours$ he shall pro#uce such person before a Magistrate*Un#er Section 538 +$ no person suspecte# or accuse# of an offence un#er the +ustoms?r#inance in respect of any goo#s the "alue of which excee#s one million rupees$ shall be release# on bail except by the igh +ourt$ in exceptional circumstances* ,he powerconferre# on the igh +ourt by this section shall be exercise# by the 2u#ge of the igh+ourt hel# in the Bone within which the accuse# resi#es or the 2u#ge of the igh +ourt
hel# in the Bone within which the offence is allege# to ha"e been committe#*
“owe"er$ when 2ayalath was pro#uce# before the Acting Magistrate$ he was gi"en bail at once an# release# imme#iately wanting him to come bac% in two #ays to signthe bail papers$0 sources a##e#*
Sources further allege# as to how the +ustoms officers wante# the magistrate when2ayalath came to sign the bail papers obecte# in granting him bail as he wasinterfering with the in"estigation process*
,he report #ate# 2anuary 3=$ 345@ by (**M* &unawar#ena$ Superinten#ent of+ustoms in a report on complicity of 2ayalath eiris an# ,*S*.* Sil"a two of the accuse#penaliCe# in ethanol smuggling cases clearly states as to how 2ayalath threatene# the+ustoms officers who were con#ucting the in"estigations*
,he report states as thus$ D2ayalath ha# been in reman# in connection with an illegalimportation of ethanol consigne# to one of his companies calle# Networ% Se"en 6"t7Lt# an# #etecte# by the ),!* +ustoms officers at ),! ha# reporte# to the on*Magistrate that 2ayalath threatene# them to harm their li"es an# firearms ha"e been
obtaine# by these officers for their personal safety* resent (&+ 2agath Wieweera is well aware of this inci#ent as he was informe# in writing about this matter whenra#eep Nanaya%%ara brother-in-law of 2ayalath abuse# the +ustoms .n;uiring officerinsi#e the +. office in the presence of 2ayalath when the +ustoms in;uiry was inprogress0*
Nabbe# twiceowe"er$ on later occasions to 2ayalath Krishan eiris ha# been nabbe# twice by the+ustoms (epartment for importing Ethanol but #eclaring the consignments as alm?il where on one occasion he ha# to pay a penalty of )s* 5: million$ it is learnt* ,he+ustoms in"estigations ha"e meanwhile unearth how parliamentarian Arun#i%a!ernan#o was wor%ing han# in glo"e with 2ayalath eiris an# how this M too werein"ol"e# in this illegal ethanol importation*
“,his arliamentarian is not only in"ol"e# in this illegal ethanol importation but#efrau#ing the customs in importing other goo#s as well* .n 345= the customs #etecte#
a container bearing number ABU @3@9F3= containing urinal sensors importe# by MsSenura ,ra#ing 6"t7 Lt# by un#er "aluing the consignment* M Arun#i%a !ernan#o6N.+ 853:93@=:G7 of No> F:$ Wallwatta$ (an%otuwa is a (irector of the sai# Senura,ra#ing from 2uly F$ 345=$0 sources sai#*
Accor#ing to sources$ in 3455$ 3H$H44 litres of ethanol ha# been smuggle# by 2ayalatheiris 6+ustoms case no> +.UI .NGI 45I 34557 an# has forfeite# the stoc% an# ha#impose# a penalty of )s*)s*: la%hs*
Meanwhile$ Axis .n#ustries 6"t7 Lt# is allege#ly another Ethyl Alcohol smuggling
company which is e"i#ent that nothing other than alcohol ha# been importe# un#erthis company*
,harun Sameera .n#i%a Sil"a is the Secretary of Axis .n#ustries who has a#mitte# thathe obtaine# the sai# company registration on the re;uest of on the re;uest of )angaSamara%%o#y an# arrange# a loan of )s*9*@ million from Muttiah Sasi#haran*
Meanwhile$ it ha# been pro"e# with ban% certifie# true copies of statement of accountsthat Muttiah Sasi#haran is a business partner of the allege# ethanol smuggler 2ayalatheiris who is also one of M Arun#i%a !ernan#o's partners* As per current an# sa"ings
account #etails of 2ayalath eiris transaction to the tune of millions of rupees ha"eta%en place between eiris an# Sasi#haran #uring the perio# when outwar#remittances ha# been establishe# through the same ban% for Ethyl Alcoholconsignments*
Accor#ing to +ustoms #etails$ in 3453 ==$ 3:4 litres of Ethanol importe# by .n#i%aSil"a who is wor%ing han# in glo"e with Sasi#haran ha# been #etaine# 6customs caseno> S,G(I 355@I 34537* ,his consignment ha# been release# after imposing a penaltyof )s* 55*98@ million* Another ==$ 3:4 litres of Ethanol ha# been importe# in the same
year by the same importer .n#i%a Si"a 6customs case no> )EGI !?I 33@FI 34537an# the consignment ha# been #etaine#* Meanwhile a stoc% of @4$ 444 liters ofEthanol illegally importe# by )anga Samara%%o#y who too is #oing businesses withMuttiah Sasi#haran was #etaine# an# was later release# after imposing a penalty of)s* 5=*F: million*
Meanwhile$ +ustoms officials ha# appeale# to the !inance Minister )a"iKarunanaya%e un#er whom the +ustoms (epartments comes to bring new regulationsto ta%e legal action against the illegal ethanol importers*
“.f the law is so strict to arrest the #rug smugglers or e"en against #rug #ealers$ whycannot new regulations un#er the 1&oo# &o"ernance rule' impose such laws againstthe illegal ethanol smugglers/ y imposing a penalty an# release the smuggle# ethanolis not sufficient nor by forfeiting the stoc%s an# auction them to the excise licensehol#ers is not sufficient* Also new laws shoul# be intro#uce# so neither the police northe 2u#iciary an# the Attorney &eneral's (epartment can be biase#$0 sources claime#*
Sources further sai# as to how the ?fficer in +harge of the !ort olice once wante# a+ustoms officer to come an# gi"e a statement for a complaint lo#ge# by an ethanolsmuggler*
“,he police has no powers to as% a customs officer to gi"e a statement against acomplaint lo#ge# by a ethanol smuggler* ,he protocol is to for the ?.+ to inform the.& an# the .& to ma%e a re;uest to the (irector &eneral of +ustoms to as% thecustoms officer to come an# gi"e a statement to the .&'s office* ,hese are a few cases where the courts$ the Attorney &eneral's (epartment an# thepolice ha# ta%en si#es of politicians an# acte# against the customs #epartment
pre"enting to bring the croo%s to boo%$0 sources sai#*
Meanwhile$ !inance Minister$ )a"i Karunanaya%e sai# that the appalling situation thatpre"ails will be "erifie# soon*
“ We cannot allow these rac%ets to be continue#* We are now in the process to intensifyagainst these camps- in the u#icial system$ in the Attorney &enerals (epartment an#e"en in the +ustoms* After this go"ernment came into power we ha"e been able tocurtail these frau#s to a certain extent an# ha"e reco"ere# millions of taxes comparingto last year$0 Karunanaya%e sai#*
