A verbal battle erupted at the Presidential Commission to inquire into the Treasury Bond issue yesterday between the Senior Additional Solicitor General Dappula de Livera and President’s Counsel Romesh de Silva.
The heated argument erupted when Romesh de Silva PC made an application in the interest of former Central Bank Governor Arjun Mahendran.
Mahendran was present at the Commission yesterday morning with his panel of legal representatives. As the two lawyers clashed, the Commission pointed out they should be mindful of their language. While de Silva said to de Livera “You are barking”, de Livera replied that he “bites” as well.
De Silva then went on to say that “you should be chucked from your position” to de Livera, the latter replied “You should be chucked from where you are.”
Supreme Court Justice P. Jayawardane containing the war of words, requested both de Livera and de Silva not to get caught up in the argument and pointed out ; “now both of you are being childish.”
Prior to the argument de Silva requested the Commission to let them know on which areas the Commission will have concerns regarding Mahendran with relevance to its mandate.De Silva said ; “they can prepare and call for witnesses to meet their case.”
The Commission told de Silva that; “towards the end of the proceedings, the Commission will call Mahendran to testify and before that we can let you know the areas of e concern. That is only fair. We will not be forwarding a charge sheet.”
The argument broke out when de Silva requested to allow access to the evidence and records of proceedings in possession of the Commission, especially the documents, including the Monetary Board minutes.
According to de Silva the CBSL has let Mahendran know, if the Commission permits, he can have access to the minutes of the Monetary Board. De Livera pointed out the difficulty of providing all the documents as some of these evidences are strictly confidential. He further said CBSL should hear about the situation before handing over confidential documents, to a possible witness to the Commission. “These are official documents. The CBSL has certain objections in giving these documents, so I am only saying the CBSL should hear about this, if the Commission is giving an order.” De Livera said. “The AG too is of the same view”, he said.
The Commission directed de Livera to consult with the Attorney-General and the CBSL and let the Commission know their response. The Commission assured to let de Silva know the decision on the confidential documents within a week.
De Livera also requested the Commission to be consistent and that its rulings be applied equally when deciding on granting copies of the recorded proceedings.
De Livera then challenged the presence of Arjun Mahendran at the Commission while the proceedings are on, stating it is a matter of natural justice. He pointed out to the Commission that witnesses testifying will be subjected to undue pressure with Mahendran’s presence at the proceedings.
The Commission told de Livera that the proceedings of the Commission are similarly to the procedure in a civil court and thus it is fair enough that Mahendran be allowed to sit at the Commission while the proceedings are on.
De Livera also pointed out to the Commission that a witness can shape his testimony in line with the testimonies given at the Commission.
De Livera also said ;“the Commission prevented certain witnesses being present at the proceedings when evidence was being given and hence the AG’s panel was of the understanding that probable witnesses are not allowed at the sitting of the Commission.
Both legal representatives of Tender Board chairman and the Perpetual Treasuries (Pvt) Limited were of the same view as that of de Livera.
“They have come under section 16 . Anybody who comes under section 16 on the basis that he has implicated concerns and considers it is desirable to be represented he or she has the right to be in the court room. If they do not come under section 16 and only a witness then they are not allowed to be present. We have to allow his presence since it is only normal procedure.” Justice P. Jayawardane explained. “This should have been said at the outset.” De Livera observed.
The Commission told de Livera, not only Mahendran but any possible witness can be present at the proceedings under section 16 as per the rulings on the Presidential Commissions.
“This is a fact finding mission. We do not follow an adversarial system. The Commission will only submit a report.Not give a judgment.” The Commission pointed out.
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