"It's outside of the circular that we distributed 'sil' cloth" -- statement made by Anusha and Lalith in court that day

"It's outside of the circular that we distributed 'sil' cloth" -- statement made by Anusha and Lalith in court that day

The court decision where former President's Secretary Lalith Weeratunga and former Director General of the Telecommunication Regulatory Commission, Anusha Pelpita were ordered to pay a sum of Rs.600 million (60 crores) for having misappropriated public funds and were sentenced

to 3 years rigorous imprisonment in addition to be asked to pay a fine of 1040 was subjected to various interpretations. Published below are extracts in that connection pertaining to the referred to hearing of the relevant case record of the year 2016:

When questioned by High Court Judge Gihan Kulatunga, this is how Lalith and Anusha responded:

Day 1 

Judge -- What reason prompted you to distribute 'sil' cloth suddenly?

Lalith Weeratunga -- It was a decision taken by the government in respect of 2600 Buddha Jayanthi. It was not a sudden matter.

Judge -- Then forward the planning report.

Lalith Weeratunga -- A planning report of course is not in my possession.

Judge -- What is the estimated amount in the social welfare funds of the Telecommunication Regulatory Commission?

Anusha Pelpita -- 100 million.

Judge -- How much funds did you release to distribute 'sil' cloth?

Anusha Pelpita -- 600 million.

Judge -- What is the reason to increase that fund to 600 million?

Anusha Pelpita -- As 'sil' cloth had to be distributed to 10 lakhs, 600 million was necessary for the entire expenditure.

Judge -- Did you get the approval from the board of directors to increase the fund upto 600 million?

Anusha Pelpita -- As it was an immediate proposal it was not possible to get the approval of the board of directors.

Judge -- Did you take the approval to release that sum of 600 million to the President Secretariat?

Anusha Pelpita -- As the distribution had to be done on Poya Day, the time to get the approval of the board of directors was delayed.

Judge -- In that case, at least even after releasing the funds did you take the approval of the board of directors for that 600 million?

Anusha pelpita -- It was not possible because of being busy.

Judge -- Even upto date were you able to get the approval for it?

Anusha Pelpita -- No.

Day 2

Judge -- Are you in possession of the project of 600 million of the Telecommunication Regulatory Commission that you asked and the documents?

Lalith Weeratunga -- Has made that request from an e-mail message. (Forwards e-mail message to court).

Judge -- According to Mr. Pelpita's statement it is clear to us that it a decision taken on the spur of the moment. What necessity motivated in distributing 'sil' cloth so suddenly? Have 'sil' cloth of upasika - upasikavan been destroyed by some natural calamity?

Attorney General's Department -- No such thing occured during that period My Lord.

Judge -- Has any government distributed 'sil' cloth before this?

Atorney General's Department -- Except for school uniforms no such thing has been done My Lord.

Judge -- If so, why did a sudden necessity to distribute 'sil' cloth spring up?

Lalith Weeratunga -- It was done for the sake of Buddhism.

Judge -- Has funds going beyond the specified amount been allocated before this for Buddhism or any other religious matter from the social wefare fund?

Anusha Pelpita -- This is the first occasion that an expenditure of that nature has been made as far as I know.

(Lalith Weeratunga too responds to it).

Lalith Weeratunga -- When circumstances of this nature crop up, a government officer awaits approval without going for sudden decisions in the case of a sudden emergency. If that happens the public would face a calamity.

Judge -- As a President's Secretary are you not aware that a circular is available in government service for sudden emergency situations and that government officers are able to take action accordingly? If there is a circular of that nature in the government service to distribute 'sil' cloth wit haste ... forward it.

Lalith Weeratunga -- There is no such circular.

Judge -- Do you'll admit that these funds habe been misappropriated for your or another's private necessity, thus violating the code of law of the government service?

Defendants -- Both silent.

Judge -- Do you accept that it is a violation according to election law to make appointments, to dismiss or to effect transfers and also to provide privileges to voting candidates during the period when an election is in progress?

Defendants -- Both admit.

Judge -- At a time when the country is getting ready for an election, as whoever gains victory and would be appointed the new President at the forthcoming Presidential Election your responsibility would be to regulate all administrative activities at the Presidential Secretariat office for the future President, isn't it? When circumstances are such, why did you dedicate your time to distribute 'sil' cloth?

Lalith Weeratunga -- It was actually done for the religious necessity.

Judge -- Do you'll admit that from the funds referred to, on the Poya Day which fell during the election period the 'said sil' cloth have been distributed with the photograph of the United People's Freedom Alliance candidate Mr. Mahinda Rajapaksa with his policies?

Lalith Weeratunga -- The said photograph is the work of politicians. We are not connected to it.

Judge -- Do you'll admit that you'll are connected to the distribution of 'sil' cloth during the election period?

Defendants -- No response.

The Judgement

The defendants have been found guilty as they were unable to prove that they had powers to utilise the said funds in a legal manner within the scope of the State Machinery (when the law was to the contrary). Further, the defendants have been found guilty for misappropriation of funds to provide support only to Presidential candidate Mr. Mahinda Rajapaksa contesting from the United People's Freedom Alliance and in a biased manner.