Sirisena sinks to new lows 

Former President Maithripala Sirisena says he will soon commence collecting donations to pay Rs. 100 million compensation to Easter Sunday attack victims as ordered by the Supreme Court recently. The donation drive is to commence after the closing of accepting nominations for the upcoming Local Government elections. 

According to Sirisena, he will first start collecting the necessary funds from close confidantes and others in Colombo. Sirisena previously said he will seek assistance from the public as well as friends both in Sri Lanka and abroad to pay off the compensation. At a recent press conference in Colombo the former president claimed that he had not engaged in any form of corruption nor syphoned off money. He further claimed that the only income he generates other than the salary as a member of parliament is from a three acre plot of land which grows mangoes. 

Whether Sirisena was or is corrupt is a moot point. During his short tenure in the highest office there were numerous allegations of corruption personally against him and those closest to him. Sri Lanka does not have a history of prosecuting and holding accountable those in public office for financial crimes. One rare instance where senior officials were successfully prosecuted for bribery and corruption just happens to be where the Chief of Staff of President Sirisena and a Chairman of a corporation appointed by him were caught by the Bribery Commission soliciting a massive bribe of Rs. 125 million from a foreign investor. Sirisena claims that this was done without his knowledge. During his presidency, Sirisena appointed his manifestly unqualified brother as the Chairman of Sri Lanka Telecom and is alleged to have facilitated numerous government contracts to his daughter’s company. 

After the Supreme Court on 11 January ordered Sirisena and five other parties to pay millions of rupees in compensation to victims of the Easter Sunday terror attack for failing to prevent the bloodshed which took place on 21 April 2019, the former President has made a mockery of the verdict by claiming to be a victim himself. Using parliamentary privileges to make a statement on the Court’s verdict he has taken pains to explain that he has not been found guilty of negligence but has been responsible for the negligence of officials appointed by him.

Sirisena has not been found guilty of negligence because he was not prosecuted for the crime of criminal negligence. The Court verdict was delivered on a fundamental rights case filed by a citizen and not a criminal case prosecuted by the Attorney General. While there was never the case of criminal liability in a fundamental rights case, this judgment is significant in holding those responsible for negligence accountable. Sirisena was not only the President of the country but the Minister of Defence. After his failed 2018 constitutional coup he had usurped the powers of the Minister for Public Security as well. 

According to the 19th Amendment of the Constitution that was enforced at the time Sirisena did not have arbitrary powers to grab any ministry other than the three stipulated through the amendment. He had ensured that the Prime Minister at that time and the State Minister for Defence was intentionally kept out of national security council meetings. 

Further the then IGP and the defence secretary are on record stating they had informed the president of the warnings from a foreign intelligence agency on the impending attacks. Prima facie Sirisena is more than culpable for criminal negligence which resulted in the deaths of over 260 innocent civilians. He needs to be prosecuted for this by the Attorney General for this alleged crime.