International warrant on Udayanga Weeratunga: SC defers his petition for support on 11 May

By S.S. Selvanayagam

The Supreme Court yesterday (29) deferred for support on 11 May the Fundamental Rights petition filed by former Sri Lankan Ambassador to Russia Udayanga Weeratunga seeking to recall the international arrest warrant issued against him by the Sri Lankan authorities.

The Bench comprised Justices Vijith K. Malalgoda and Murdu N.B. Fernando.

The Colombo Fort Magistrate’s Court on 20 October 2016 allowed the Financial Crimes Investigation Division (FCID) of the Police to issue the international warrant through the Interpol to arrest Weeratunga in connection with the investigation into the alleged financial irregularities with regard to a MiG aircraft deal.

Weeratunga in his petition stated that he is currently residing in Mekhanizatoriv Street, Kyiv, Ukraine. He filed his petition through his mother-in-law Latha Indrani, his Power of Attorney holder.

He cited the Officer-in-Charge of the FCID and six others as respondents. Manohara de Silva PC with Arienda Wijesurendra and W.D. Weeraratne appeared for the Petitioner. Additional Solicitor General Ayesha Jinadasa appeared for the State.

The petitioner stated that the seventh respondent, a Chief Inspector of the FCID had moved Magistrate’s Court for a warrant for the arrest of the petitioner.

The petitioner sought a declaration from the Court that the Chief Inspector infringed the petitioner’s Fundamental Rights guaranteed in terms of Articles 11, 12(1) and 13 of the constitution.

The petitioner said the Director of the Financial Intelligence Unit of the Central Bank has infringed his Fundamental Rights by his purported decision to suspend and suspension of debit transaction of the bank accounts of the petitioner in contravention of the provisions of the Financial Transaction Reporting Act No. 6 of 2006.

In his complaint to the FCID, journalist Iqbal Athas stated that he had written several articles regarding the financial irregularities that had taken place in procuring four Mig-27 air craft at a higher price. He told the police that these ground attack air craft had been manufactured between 1980 and 1983. He said financial irregularities had taken place during the transaction between Sri Lanka and Ukraine. 

Manohara de Silva PC appeared for the Petitioner. Senior Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General.

Petitioner is asking the court to issue directives to the seven respondents to pay 100 million rupees in compensation and to release a container with goods belonging to Weeratunga.

Weeratunga, who is a nephew of former President Mahinda Rajapaksa, is alleged to have committed financial misappropriation to the tune of $ 14 million while purchasing four Ukraine-built MIG-27 aircraft for the Sri Lanka Air Force in 2005. The FCID in an earlier occasion has told Colombo Fort Magistrate’s Court that the Ministry of Foreign Affairs had been unable to serve notice on Weeratunga, who has been residing in Ukraine for several years.

The Sri Lankan Government recently entered into an agreement with the Government of Ukraine to extradite criminals hiding in the Eastern European country. The agreement will provide the opportunity to request the authorities in Ukraine to receive criminals who have engaged in illegal activities in this country and sought protection in Ukraine.

CA dismisses ex-Ambassador Jaliya’s Writ seeking declaration on diplomatic immunity

By S.S. Selvanayagam

The Court of Appeal yesterday (29) dismissed the Writ petition filed by former Sri Lankan Ambassador Jaliya Wickremasuriya seeking a declaration whether he has diplomatic immunity or not.

The Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gooneratne.

When the Writ Petition was taken up in the Court of Appeal on 6 February, Additional Solicitor General Yasantha Kodagoda appearing for the Attorney General, raised a preliminary objection, stating that seeking the decision to withdraw immunity was taken by the President in his official capacity and the only Court with jurisdiction to reverse such decision is the Supreme Court according to the Constitution. 

Wickramasuriya, who is a cousin of the former President was arrested at the Bandaranaike International Airport on 18 November 2016 while going through immigration at the Departure Lounge after a vacation in Sri Lanka, by the Officers of the Financial Crimes Investigation Division (FCID).

He was arrested for misappropriation of public funds while serving as the Sri Lankan Ambassador to the USA from 2008 to 2013. He had been arrested for the alleged offence of misappropriation of $ 330,000 out of $ 6.6 million allocated for purchasing a building for the Sri Lankan Embassy. He was later ordered to be released on a cash bail of Rs. 50,000 with two sureties of Rs. 1 million by Magistrate Lanka Jayaratne. He was also barred from leaving the country.

The FCID alleged that the suspect had misappropriated the amount during the purchase of a building to house the Sri Lankan Embassy at 3025, White Haven Street, Washington 20008. The former Ambassador had remitted this money to Sri Lanka.

Wickramasuriya was residing in the US and engaging in the business of tea export, at the time he was appointed as the Consular General to the Sri Lankan mission in Los Angeles in 2005. Three years later in 2008, he was appointed the Sri Lankan Ambassador to USA.   

Romesh de Silva PC appeared for the Petitioner.