The Hon. Sunil Watagala, Attorney-at-Law - Deputy Minister of Public Security and Parliamentary Affairs

¶ 01 Hon. Deputy Chairperson of Committees, some people pull hats over their faces, don’t they? I remember when I entered the Law Faculty of the University of Colombo in 1987. I got off a bus and walked. Another gentleman arrived on a CID motorbike. But over time, if you look at how that gentleman acquired all those properties and what the volume of his assets is, and if this Bill can first address just that, then justice will be served through this law.

¶ 02 Hon. Deputy Chairperson, the Hon. D. V. Chanaka said we must enforce this law in practice. A law without application is useless. That is true. History shows us how much those on your side used the law in this country as they pleased. The Hon. Deputy Minister Wijesinghe and I went recently to “Mihindu Arana” at the Viharamahadevi area in Imbulgoda, Gampaha, and made certain findings which we reported to the CID. I have the document here. According to this document, before 10 October 2023, the owner of that property was Shiranthi Wickramasinghe Rajapaksa. But on 10 October 2023, the title was changed to name one Amila Navarathna Kodikara as owner. An innocent person, isn’t he? Hon. Deputy Chairperson, this law should not chase the innocent man named Amila Navarathna Kodikara.

¶ 03 We must investigate how “Mihindu Arana” came to be owned by Shiranthi Wickramasinghe Rajapaksa. That is precisely the kind of question this Proceeds of Crime Bill is designed to ask.

¶ 04 People in this country obtain as many bar licences as possible. But most of those bar licences are ultimately connected to Members of Parliament in this House at Diyawanna—though not in their own names: they are in the names of staff, relations, and associates. I know of a particular case where a party secretary had a bar licence in the name of his security officer’s wife—in Moneragala. That same lady contested for the Bibile Pradeshiya Sabha from the Samagi Jana Balawegaya. That secretary filed a defamation case in the Colombo District Court, complaining that a monk had falsely said that there was a bar licence in his name. But one never knows when a crime will be exposed. When the nomination papers for the Bibile Pradeshiya Sabha are submitted, you will see who the owner of that bar is—the licence is in that lady’s name.

¶ 05 Hon. Deputy Chairperson, I say this to illustrate the robust features of this Bill. The strength we expect lies especially in Clause 34. In many instances we cannot secure justice until the end of a trial. But Clause 34(1) introduces a presumption. It has two parts: where a person has acquired money or property by unlawful means, and cannot explain the source, the law presumes there is an issue with that property, enabling action against it. What actions? Five measures: prohibiting dealing with the property, preserving it, restraining it, rendering it inoperative judicially, and vesting it in the State.

¶ 06 Today, many hold property not in their own names but under “A”, “B”, “C”. This Bill will bite on those arrangements. As for the transfer of “Mihindu Arana” by Shiranthi Rajapaksa on 10 October 2023 to Amila, the innocent Amila must explain how he obtained the money to buy it. The deed shows the land valued at Rs. 500,000, but it was sold to Amila for Rs. 12 million. He must explain that. If the ostensible holder is not in true possession, then A, B, and C must explain how the property came to them.

¶ 07 Further, Clause 34(3) is crucial: under current law, if A complains against B, A must prove it. Under this Bill, the person accused must, on a balance of probabilities, prove that he is entitled to hold the property. If he cannot, Clause 34(4) triggers the presumption—leading to restraint, preservation, and vesting in the State. That is what we need.

¶ 08 As this Bill moves forward, some are panicking. Why? Because it targets criminals. Even some who backed the 1990s measures appear panicked and have erred today.

¶ 09 Hon. Deputy Chairperson, courts have recently restated fundamental legal principles, and our Government is guided by them. We promised to recover stolen public wealth—domestic or foreign—and this Bill covers that. Within six months of taking office, we brought this Bill with new legal concepts.

¶ 10 When the order for the arrest of IGP Deshabandu Tennakoon was issued, he evaded arrest and then sought relief from higher courts. The Court of Appeal, in a 22-page order, reiterated a principle: no individual is above the law; no one, including those in power, is above the law. Today, the President governs under the Constitution. Unlike in the past, the Cabinet and Parliament now act under the law. So even if the Hon. D. V. Chanaka says this will not be implemented, the Government is ready to govern under the law. That is why criminals are being brought under legal principles step by step. Even today, as a Member noted, three former Ministers and their spouses are in remand. The law is now being properly enforced. We are not afraid of the Opposition’s allegations. Wait and see—the law is being implemented, respecting the Constitution and other laws, and the National People’s Power is ready to take the country forward.