CJ’S BLINKING ACCOUNTS:
OPEN AND SHUT CASE OF ACCOUNT FIXING/CORRUPTION
by S.P.C.
With the Parliamentary Select Committee hearings on the impeachment
of the Chief Justice due today, independent observers have expressed
shock and dismay over the manner in which some of her financial dealings
have been manipulated, with a view to hiding her true financial worth
from assessors.
Financial regulators for example would have been put off by the fact
that on repeated occasions over several years there was zero balance in
her accounts on significant dates such as March 1st or December 1st.
However, as soon as the dates passed, these accounts were replenished
with their regular millions. The initial study of the operations of Dr.
Shirani Bandaranayake’s account suggests a pattern of behaviour which
would easily arouse suspicion among any regulator, as the behaviour
displays many devious methods to avoid detection of the nature of the
transactions.
The operation also suggests that Dr. Bandaranayake has deliberately
and consistently acted in at least five consecutive instances to avoid
disclosure of the sums that were in her account and that the scheme has
been meticulously implemented in a highly sophisticated manner. A
further suspicion that may arise is as to whether Dr. Bandaranayake was
using her privileged position, first as a Supreme Court Judge and
thereafter as the Chief Justice, to indulge in this activity, knowing
fully well that her actions are very unlikely to be investigated by any
other regulatory agency. Being the Chief Justice of the country, does
not give such person immunity from the laws of the land. The law must
apply in a just and fair manner to all persons, however high and mighty
they may be.
Accordingly, it is now time for the law enforcement authorities to
commence a probe regarding the true nature of this Dr. Shirani
Bandaranayake’s highly suspicious financial dealings. If that is to be
done in an impartial manner, she cannot remain as the Chief Justice of
the country.
Justice must apply to the Chief Justice as well.
(a) the operation of several bank accounts by a person, which
suggests that multi-accounts are used to defuse the magnitude and
frequency of transactions in order to confuse regulators.
(b) the opening and closing of bank accounts within short periods of
time, which suggests that the accounts are used for a particular
transaction and then closed before suspicion is aroused in the minds of
the authorities.
(c) the manipulation of accounts to have low balances or zero
balances on certain significant dates, e.g. 31st December or 31st March,
(which are the dates that are generally used by regulators or
surveillance agencies to monitor accounts on a regular basis), in order
to reduce suspicion or evade detection by regulators.
A careful assessment of Dr. Shirani Bandaranayake’s Account No.
101110002058 (Old No. 100002001360) maintained at the National
Development Bank (NDB) reveals the following:
(1) During the year 2007/2008, Dr. Bandaranayake maintains the above
account in an active manner, with four debits to the value of Rs.
5,524,875.25 and eight credits to the value of Rs. 5,524,875.25 being
transacted through the account. By 8th February 2008, a sum of Rs.
674,323.52 was lying to the credit of the account. On that date, the
entire amount is withdrawn, thus reducing the balance to zero.
Thereafter, no transactions took place and accordingly, on 31st March
2008, the balance in the account continued to remain at zero. On that
basis, Dr. Bandaranayake did not disclose the bank account in her Assets
and Liabilities Declaration, even though the rules pertaining to the
Declarations demand that a person discloses all accounts even if such
accounts do not contain any balances.
(2) The account lies dormant until 6th May 2008, on which date a sum
of Rs. 519,534.55 is credited to the account, and thereafter the account
becomes active, with 22 debits amounting to Rs. 31,860,754.47 and 41
credits amounting to Rs. 31,860,754.47 being reduced upto 3rd February
2009. Then, on 3rd February 2009, the entire sum of Rs. 616,895.75 which
was in the account on that date, is withdrawn and the balance is reduced
to zero. Thereafter, the account remains inactive, and on 31st March
2009, the account records a zero balance. Accordingly, Dr. Bandaranayake,
for the second time, does not disclose such account in her Assets and
Liabilities Declaration as at 31st March 2009.
(3) The zero balance remains until 3rd July 2009, at which point, a
sum of Rs. 500,000.00 is credited to the account.
Thereafter until 13th January 2010, the account is operated in a
highly active manner with 10 debits amounting to Rs. 15,508,794.63 and
18 credits amounting to Rs. 15,508,794.63 being recorded in the account.
However, on 13th January 2010, the entire sum of Rs. 700,078.18 lying
to the credit of the account is withdrawn, thus making the account
balance zero, once again. Such zero balance status in the account
remains as at 31st March 2010, and once again, for the third time in
succession, Dr. Bandaranayake does not disclose the account in her
Assets and Liabilities Declaration.
(4) The account lies inactive until 7th April 2010, and on that date
the account is credited once again with a sum of Rs.910,473.22 and the
account regains its usual robust character with 27 debits amounting to
Rs.57,488,454.95 and 37 credits amounting to Rs.57,488,454.95 being
recorded up to 18th February 2011. On 18th February 2011, the now
familiar total withdrawal occurs, and on that date the entire balance
lying in the account of Rs.2,057,098.86 is withdrawn, leaving the
account with a zero balance once again. Such zero balance is maintained
as at 31st March 2011, and yet again, for the fourth time in succession,
Dr. Bandaranayake does not disclose the account in her Assets and
Liabilities Declaration.
(5) The account remains inactive until 5th May 2011 in keeping with
the regular pattern that has by now been established, and on that date a
sum of Rs.974,280.39 is credited to the account and the account becomes
highly active once again.
This advanced level of activity continues until 30th March 2012, by
which time, 88 debits amounting to a staggering Rs.256,416,639.42, and
171 credits to a similar value of Rs.256,414,342.34 passes through the
account. But, as is now very familiar, on 30th March 2012 the entirety
of the Rs.10,047,779.95 that is lying to the credit in that account is
once again withdrawn in the established pattern, and the account is
reduced to zero once again. Such zero balance is recorded as at 31st
March 2012, and again, for the fifth consecutive time, Dr. Bandaranayake
does not disclose the account in her Assets and Liabilities Declaration.
(6) True to the pattern, a sum of Rs.10,047,779.95 is brought back to
the account on 5th April 2012, and the account resumes its active
character yet again.
It is obvious that, the methodology adopted in the operation of the
above account is a well thought out and sophisticated operation. It is
not an operation of an account that would be expected from any ordinary
person, let alone the country’s chief judge of the Supreme Court. The
magnitude of the figures and the careful avoidance of significant dates
is consistent with an intention to conceal the operation of the account,
and avoid detection. |