Mahendran cannot be compelled to give evidence as he is Singaporean - Counsel-Assurance of 'good conduct' sought from AG’s team

By Sarath Dharmasena and Shyam Nuwan Ganewatta

-September 19, 2017, 12:00 pm 

Former Central Bank Governor Arjun Mahendran's Counsel Romesh De Silva, PC, yesterday told the Presidential Commission of Inquiry (CoI), probing the alleged bond scams that his client couldn't be compelled to give evidence before CoI as he (Mahendran) was a Singaporean.

President Maithripala Sirisena appointed Mahendran Governor of the Central Bank of Sri Lanka (CBSL) on Prime Minister Ranil Wickremesinghe's recommendation in January 2015. Mahendran was replaced soon after the second bond scam involving the Perpetual Treasuries Limited (PTL) came to light in March 2016.

Counsel De Silva said that Mahendran would give evidence before the CoI to prove his innocence though the CoI had informed PTL owner Arjun Aloysius that he (Aloysius) could remain silent.

Mahendran yesterday gave evidence before the CoI on the instructions of his counsel.

Before Mahendran got into the witness box, PC De Silva said that the CoI couldn't pressure his Singaporean client.

PC De Silva said that though Mahendran could have emulated his son-in-law Arjun Aloysius and refrained from giving evidence, he had instructed the former Governor to testify.

PC De Silva said that, however, his client would give evidence on the condition that the lawyers representing the Attorney General's Department would ensure that, during questioning, they wouldn't behave in a manner derogatory of Mahendran.

CoI member justice Prasanna Jayawardena: We treat all witnesses well. It is our responsibility.

Counsel De Silva: We expect the same of lawyers representing the AG's Department.

Additional Solicitor General: Is he a saint?

Counsel De Silva: Witnesses should be treated properly. If you don't know that, learn.

Counsel De Silva said that the CoI couldn't pressure Mahendran to hand over documents or affidavits. Although the former CBSL Governor wasn't required by the law to hand over his communication equipment in addition to mobile phones, he had done so in deference to the CoI directive, the counsel added.

Justice Chitrasiri: Call Mahendran to give evidence now.

Counsel De Silva: Is he (Mahendran) the last witness?

Senior Additional Solicitor General Dappula De Livera said that Mahendran wasn't the last witness.

Counsel De Silva said that he had been informed that Mahendran was the last witnesses

Justice Jayawardena said that was wrong. Mahendran was one of the last witnesses.