More disclosures on previous Govts private army

By Our Political Editor-Wednesday, February 04, 2015

PM directs Minister of State for Defence to conduct full probe, CID detectives question retired
senior military officers
More details of heavily armed private security companies conducting
election work for Rajapaksa
National Executive Council finalises Constitutional changes; Maithripala to
retain some executive powers; Ranil to head government

Prime
Minister Ranil Wickremesinghe on
Monday directed the Minister of
State for Defence, Ruwan
Wijewardene, to conduct a full
investigation into the operation of a
veritable private army run by the
state-backed Rakna Arakshaka
Lanka Limited (RALL) and Avant
Garde Maritime Security Services
Limited (AGMSL) after disclosures
made in the Sunday Times (Political
Commentary) last week.
Did you leak the story to the
Sunday Times? asked a journalist
from Wijewardene when a few of
them, mostly representing outlets in
New Delhi, surrounded him at India
House, the official residence of the
High Commissioner at Thurstan
Road. The occasion was the
celebration of Indias Republic Day.
No, no. I also read it from the
Sunday Times. I treat all the media
fairly and equally, he replied.
In what took the air of an
impromptu news conference, Wijewardene had to answer a volley of questions. He revealed

that he had met the directors of the RALL. They were contradicting each other, he said. In
response to a question, one of the directors had said that their partner AGMSL was running a
floating armoury in international waters and added that they were docking in the Galle
Harbour only for re-fuelling purposes. A director had at first explained that they were unable to
have on board Navy personnel to protect the weapons since that would, in the international
context, become a vessel of war. When he later questioned the directors what would have
happened if the armoury was seized by someone, Wijewardene said he replied that the Navy
was on board.
The Minister of State for Defence said that an internal audit was now being conducted in his
Ministry. The idea to determine the volume of funds received by the Ministry of Defence from
the RALL-AGMSL tie up. They were also going through records to determine how RALL
came to be established. He said he had been asked by the Prime Minister not to change any
directors of RALL and allow the present members to continue until the investigations were
over. This is on the basis that if RALL is found to be an illegally constituted body, appointing
new directors would create more legal issues. He said action against those concerned would be
taken only after the investigations were concluded. A high ranking Government source said that
would naturally involve dealing with those responsible irrespective of the positions they held.
We now know that the entire operation is illegal, he said speaking on grounds of anonymity.
The internal audit inquiry at the Ministry of Defence came as detailed investigations into the
RALL-AGMSL were taken over by the Criminal Investigation Department (CID). Three
Assistant Superintendents of Police (ASPs) Shani Abeysekera, P. Ampavila and B.S. Tissera
are now recording statements from those concerned. Detectives are checking on all the
weapons on board as well as the land-based armoury. They want to determine to which armed
force they belong and whether all of them were issued with End User Certificates (EUCs).
When the arms were imported into Sri Lanka, the Government to whom the weapons belong
had to declare that it was the end user. How it transferred such certification to a third party, that
too, to a private security firm like the AGMSL is now being probed. Another aspect is to
ascertain allegations that some weapons seized from the Liberation Tigers of Tamil Eelam
(LTTE) during the final stages of the separatist war in May 2009 had also been issued. As the
CID proceeds with the inquiry, detectives are consulting the Attorney General for advice.
CID detectives have still not been able to question retired Major General Palitha Fernando, who
is Chairman of RALL. They found that he has flown to Sydney, Australia to visit his children
who are studying there. Among those from whom detectives have recorded statements so far
are Damayanthi Jayaratne, Additional Secretary in the Civil Security Division of the Ministry
of Defence, and retired Major General K.B. Egodawela, Chief Executive Officer of RALL.
RALL-AGMSL campaigned for Rajapaksa
The RALL which together with AGMSL ran the floating armoury on board Mahanuwara and
an unauthorised land-based one inside the Navys SLNS Dhakshina base in Galle, had been
cause for concern for leaders of the National Unity Government. This was weeks ahead of the
January 8 presidential election. It came after reports that this private security firm was at the
forefront of former President Mahinda Rajapaksas re-election campaign. RALL and AGMSL
have been deployed countrywide to campaign for Mahinda Rajapaksa at the presidential

election. The AGMSL had made available a fleet of Defender Jeeps, too. Some of these
vehicles and personnel had been used during the campaign for the Uva Provincial Council
elections too. The campaigners were reporting regularly to a team of retired military officers
mostly from the Sri Lanka Army who ran an Operations Room near Kirimandala Mawatha
in Colombos Narahenpita area.
These officers, grouped into different segments by former Defence Secretary Gotabaya
Rajapaksa, operated largely from offices located in rented houses and other buildings. They
were given specific sectors in the Greater Colombo area to carry out campaigning and the
Operations Room functioned under retired Major General Gamini Hettiaratchchi. He was
backed by five different persons who had retired from the Army as Captains. The vast majority
of those who were deployed were retired military and police personnel from RALL followed by
those from AGMSL.

Minister of State for Defence, Ruwan Wijewardene being welcomed by the Indian Deputy High Commissioner Arindan Bagchi on his arrival at
India House for India's Republic Day ceremony. He told journalists there that, as directed by the Prime Minister, his ministry was conducting a full
probe on the floating armoury. Pic by Ranjith Perera

Of significance among these is what is described as the segment comprising Kolonnawa,

Kotte and Maharagama. They came under the overall charge of retired Major General K.B.
Egodawala, Chief Executive Officer of RALL. Under him, placed in charge of Maharagama
was retired Major General Palitha Fernando who is Chairman of Rakna Arakshaka Lanka
Limited or RALL. Fernando retired from the Sri Lanka Army as a Brigadier. It was only after
he joined the Ministry of Defence as Military Liaison Officer (MLO) that he was promoted
(whilst in retirement) to the rank of a Major General enabling him to obtain a higher pension
and perks. Similar promotions extended to a few others earned them the sobriquet Taiwanese
Generals. Taiwans name was used since there was a time when products from that country
were described as inferior quality. As revealed last week, it was this Maj. Gen. Fernando who
sent out written instructions to the Southern Naval Area Commander, Rear Admiral D.E.C.
Jayakody to allow RALL-AGMSL to maintain an armoury inside the base. He signed that
order as Army Coordinating Officer raising a string of questions. Firstly, he had no power
legally to make such an order. Secondly, though he had been at the MoD, he had violated
procedure by not making his request, (though illegal) to the Commander of the Navy, that too

in his capacity as Army Coordinator.

A large number of RALL personnel in the ranks of Majors, Lt. Colonels, Colonels and Majors
General were formally assigned for presidential election duty in the Western Province. The
areas where groups were tasked: Group 1 Kolonnawa, Group 2 Kotte, and Group 3
Maharagama (this is in addition to this sector coming under another parallel group of top men
from RALL). Similar groups from RALL were also assigned to other parts of the country. The
names and assignments of these groups listed in what looked like a deployment order were
checked for their authenticity by a state intelligence arm recently and confirmed.
As revealed last week, RALL tied up with AGMSL, a private company, to provide Sri Lanka
Government owned weapons and associated equipment to private maritime security
companies. Such weapons included T-56, AK 47 assault rifles, 7.62 ammunition for these
weapons, Light Machine Guns, Ballistic Helmets, Body Armour, Night Vision Goggles, Radio
sets (for communications) and flashlights. It was RALL, listed with the Registrar of Companies
that received weapons from the Sri Lanka Government. These were in turn handed over to
AGMSL, a private company, with End User Certificates (EUCs) from the Government of Sri
Lanka.
The fact that RALL has been involved in the polls campaign makes clear its allegiance to one
political entity. Allowing such an entity to develop a heightening private military capability
together with a private security firm, also showing allegiance to the same political entity, leads
to the creation of a powerful private army cum monolithic political apparatus. That such a
monolithic outfit with strong political leanings could pose a serious threat to the legitimate
armed forces or the Police force in the country cannot be treated lightly.
Already high pressure moves are afoot to stall investigations on the basis that the entire
exercise was legitimate. It is in this backdrop that the revelations in last weeks the Sunday
Times (Political Commentary) came up for discussion when the National Executive Council of
the National Unity Government met at the Presidential Secretariat last Tuesday. The ten
members in the Council are Prime Minister Ranil Wickremesinghe, former President Chandrika
Bandaranaike Kumaratunga, JVP Leader Anura Kumara Dissanayake, TNA parliamentary
group leader Rajavarothayam Sampanthan, SLMC Leader Rauff Hakeem, JHU leader Minister
Patali Champika Ranawaka, Democratic Party leader Sarath Fonseka, All Ceylon Peoples Party
Leader Rishad Bathiudeen, Democratic Peoples Front Leader Mano Ganeshan and Ven.
Maduluwawe Sobitha Thera (Convenor).
H.M.U.D. Basnayake, Secretary to the Ministry of Defence, was summoned before the Council
to explain his public remarks that the RALL-AGMSL was a legitimate project and had been
approved by the Cabinet. He was rebuffed by members of the Council for re-iterating those
remarks and directed to submit a written report. In what seemed another campaign of
disinformation over the discovery of the secret armoury at the BMICH, a Chief Inspector
attached to the Crimes Division of the Cinnamon Gardens Police was quoted as saying that the
RALL-AGMSL was a deal done legally. He said Saman Dissanayake, a Senior Assistant
Secretary in the Civil Affairs Division of the Ministry of Defence, was present when the raid
was conducted. Police spokesperson Ajith Rohana hurriedly summoned a news conference to

declare that the Chief Inspectors assertions were altogether wrong. This officers claims are
not correct since they did not conduct investigations. They are being carried out by the CID,
SSP Rohana said.
Besides the political and military aspects, the investigations are also centring on other areas.
They include allegations that a lady official was paid handsomely every month for the services
she rendered. In addition, her regular travel to a country where her children were being
educated has also come under scrutiny after allegations that the private company paid for them.
Also under scrutiny is another official, who, it is alleged, received a brand new car for helping
in routinely clearing official matters. This official in question, it is alleged, was using his office
for private business too.
We will strongly resist any move to sweep these investigations under the carpet, Minister
Patali Champika Ranawaka, General Secretary of the Jathika Hela Urumaya (JHU) told the
Sunday Times. He said the JHU will make sure the Government will take stern and deterrent
action against those involved. We will not allow anyone to soft pedal it. Ranawaka noted that
there were serious implications to national security from facts that were emerging in the
ongoing investigations. We cannot allow anyone to create private armies and endanger
national security, he added.
UAE alarmed
Two years ago, the role of AGMSL surfaced in the United Arab Emirates after its floating
armoury Sinbad reportedly strayed into the UAEs territorial waters. This is what The National;
a leading UAE newspaper, had to say in its issue of October 17 2012 calling for strong
measures:
Alarm bells have sounded over the appearance of ships doubling as floating arsenals near
UAE waters. Of the estimated 12 armoury ships operating globally, at least four are known to
operate off the coast of Fujairah.
They rent weapons to security companies that guard merchant vessels in the areas where
pirates are active, and act as ammunition stores for security companies en route to UAE, Yemen
or Saudi Arabian waters, where weapons from other countries are banned. On October 1, the
Sri Lankan-flagged Sinbad was seized by the coastguard after it strayed into UAE waters.
Sinbad is operated by Avant Garde Maritime Services, which runs two other armouries, off the
coast of southern Sri Lanka and in the Red Sea. All are sanctioned by their government for use
by private maritime security companies, a company spokesman said.
Avant Gardes website says its clients can rent arms including automatic weapons,
ammunition, body armour, light machineguns and night-vision goggles from them. It also
charges US$25 (Dh91) a day to store the weapons and ammunition of other security
companies. Maj Nissanka Senadhipathi, chairman of Avant Garde, declined to give the
number of weapons aboard Sinbad but confirmed the arms were owned by the Sri Lankan
government. Nobody was arrested, they just questioned the men, said Maj Senadhipathi.
They were not treated as detainees.

We were checked and our authenticity as a joint venture with the government of Sri Lanka
was proved. The ship was released after five to seven days after the check was
conducted. UAE authorities confirmed an incident had been investigated. Sources said the
case had been referred to Fujairah prosecution.
Security experts say the incident highlights the need for stronger regulation and clear standards
to prevent the chances of weapons falling into the wrong hands.
It is a necessary evil and governments cant stop these because they are in international
waters, said Nicholas Davis, chief executive of the Maritime Guard Group based in Ras Al
Khaimah, which operates two ships off Fujairah and in the Red Sea to store weapons for the
companys use. Some are run as well as any armoury based ashore but there is an urgent need
for standards for armouries across the board.
Maj Senadhipathi said of the Sinbad: We are highly protected. There are 15 men from the
RALL [Rakna Arakshaka Lanka Sri Lanka sea marshals] guarding the weapons at any
time. Protection Vessels International is another company operating patrol boats that store
arms, but their ships in the Red Sea and off Fujairah are for private use only to store firearms
for clients.
We have our own vessels for embarking and disembarking firearms and these are regulated
[under British law] and under our control, said Simon Osborne, sales director at the maritime
security company. Mr Osborne believes transparency is key. Other companies who have
rented firearms may not know where the firearms are from and who is using them, he said.
Were pushing for regulation, for better standards.
Tim Stear, the director of maritime security at the crisis-management company Control Risks,
based in the UAE, believes there are varying degrees of professionalism on floating
armouries. There [should] be set minimum standards for secure storage of weapons, with
correct records of the number of weapons, the size, calibre and types, Mr Stear said.
Theodore Karasik, the director of research and development at the security consultancy
Inegma in Dubai, said the focus of regulation should be safety.
Certain precautions must be followed with floating armouries to avoid an accident or attack by
any individual or group, Mr Karasik said. The UAE has a strict policy against transferring
arms across its borders, he said.
If a floating armoury is too close or requires inspection, the UAE will make sure the proper
procedures are being followed, Mr Karasik said. By AGMSL head retired Major Senadipathis
own admission two years ago; his private security firm was in a joint venture with the
Government of Sri Lanka. His passport remains impounded. Was any approval given by the
then Cabinet of Ministers for such a joint venture? On what basis was AGMSL selected? Were
worldwide tenders called? The joint venture Senadipathy is referring to is the one between
RALL and AGMSL whose personnel were both involved in the presidential election campaign
in the weeks before January 8. The billion dollar question is whether such a tie up, which as
claimed, is bringing Sri Lanka some US$ 68 million per month, should remain solely in a
chosen company and a private security company both of whom have publicly demonstrated

their political affiliations and campaigned? Whoever gave authority to form RALL and allowed
the tie up with AGMSL would have to answer so the Sri Lankan public will know the truth. If
their activities did not surface with the advent of the January 8 presidential election, there was
the likelihood that at all future elections candidates opposing those who fostered RALLAGMSL monolith will be facing a formidable enemy rival politicians and a private army.
Constitutional changes
Besides a discussion on the RALL-AGMSL tie up, the National Executive Council discussed at
length the proposed Constitutional changes. The debate on whether or not the Executive
Presidency should remain shorn of powers or abolished altogether continues. The JHU is
insistent that the Presidency should remain in some form and argues that to abolish it altogether
a national referendum would be required. Other partners in the National Unity Government,
however, feel that the post of Executive Presidency should be abolished.
The contours of the constitutional changes are taking shape as deliberations are going on at
different levels. Prime Minister Wickremesinghe is in consultation with Nimal Siripala de
Silva, Leader of the Opposition. He wants to seek the Oppositions support to ensure the
constitutional amendments are carried through Parliament early. JVP leader Anura Kumara
Dissanayake, in a brief Q & A with the Sunday Times gave the highlights of some of these
changes. See box story on this page for details.
The latest discussion on constitutional changes was a meeting chaired by President Maithripala
Sirisena on January 24. Taking part were former President Kumaratunga, Prime Minister
Wickremesinghe, JVP leader Dissanayake and Venerable Maduluwawe Sobitha Thera. A move
to completely abolish the Executive Presidential System formed one of the subjects of
discussion. However, such a move would have to await consultation with the JHU which has
taken a firm stance that the Presidency should remain without much power.
The period of transition when a presidency makes way for a Prime Minister or is an office with
less powers, also formed the subject of discussion. Whilst it was suggested that the President
could remain Head of State, the Head of Government would be the Prime Minister. The
President would be entitled to chair meetings of the Cabinet of ministers when a request is
made. On other occasions, it would be the Prime Minister who would chair such meetings. In
terms of the 100-day programme, it was pointed out that the life span of the Parliament would
have to be ended by April 23 to pave the way for parliamentary elections.
President Sirisena expressed the wish that as interim President, he would retain the portfolio of
Defence. In addition, he also conveyed his wish that the Mahaweli Ministry too be brought
under his charge. Sirisena has shown great interest in the Mahaweli, particularly the
Moragahakanda project which entails the construction of a gravity dam. It may be recalled that
when former President Mahinda Rajapaksa effected a Cabinet re-shuffle in 2007, after 17
United National Party (UNP) parliamentarians crossed over to his Government, Sirisena was
denied the subject of Mahaweli. He told presidential election rallies that former Minister Basil
Rajapaksa had objected. Later, President Rajapaksa directed brother Basil Onna Oka deela
daanava or just give it back to him.

The Government is taking different measures to expedite investigations into allegations of

bribery, corruption and even nepotism. The Commission to Investigative Bribery or Corruption
is tackling a number of cases and has complained that lack of investigators is impeding its task.
DIG Ravi Waidyalankara, who was serving in Jaffna, has been recalled to Colombo and tasked
to be in charge of investigating bribery and corruption. He is now picking his staff to form a
secretariat.
The CIDs report on the veritable private army operated by RALL-AGMSL is to be sent to the
Attorney Generals Department when investigations are completed. Action on those responsible
for any illegal activities would then follow, a senior Government official said.
JVP: Dual citizens cant contest polls; term of Parliament specified

JVP Leader MP Anura Kumara Dissanayake

The Janatha Vimukthi Peramunas proposal to debar persons with dual nationality from
contesting elections if they do not renounce the other nationality will be incorporated in the
proposed Constitutional amendments, its leader Anura Kumara Dissanayake told the Sunday
Times.
However, he said, such persons will not be prohibited from engaging in politics in Sri Lanka.
We want to make sure that candidates owe their entire allegiance to Sri Lanka and not to
another country where they may be domiciled, he said. Hence, they would have to renounce
their citizenship in another country if they want to contest elections, he added.
The move will affect persons like former Minister of Economic Development Basil Rajapaksa
who is a citizen of the United States. He slipped away from Sri Lanka after the presidential
election ended. It is also expected to affect former Defence Secretary Gotabaya Rajapaksa who
planned to contest the Colombo District on the UPFA ticket.
Dissanayake said the proposed constitutional amendments would restrict the term of Parliament
to five years and make it illegal to dissolve the House until at least four and half years of the
five-year terms was completed.
Another proposal made by the JVP and accepted is to make express provision in the
Constitutional amendments to prevent cross overs in Parliament.
Besides the constitutional changes, Dissanayake said, the JVP is also spearheading efforts to
expedite investigations into a number of corruption allegations.

This would include the alleged corruption in the procurement of MiG-27 fighter jets. This was
exposed by the Sunday Times, he said.
Dissanayake said the JVP would not get involved in other issues. We are only playing a
limited role, he added.