X-Press Pearl: Only Rs. 250 Mn Paid Instead of $ 500 Mn

COLOMBO (News 1st); The Attorney General on Monday (26) informed the Supreme Court that orders have been obtained from both the Colombo Magistrate’s Court and the Colombo High Court preventing the directors of the local agent company of the X-Press Pearl vessel,which caught fire in the seas off the Colombo Port, from leaving the country.

This disclosure was made when the Fundamental Rights petitions filed in connection with the incident were taken up to examine the progress made in implementing the Supreme Court’s judgment. 

Additional Solicitor General Nerin Pulle, appearing on behalf of the Attorney General, conveyed this information to the court.

The petitions were taken up before a three-judge bench of the Supreme Court comprising Justices Shiran Gunaratne, Achala Wengappuli, and Priyantha Fernando.

Addressing the court, Additional Solicitor General Nerin Pulle stated that, in accordance with the Supreme Court ruling delivered on September 25, a motion had been filed outlining the steps taken by both the criminal and civil divisions to implement the judgment.

He further informed the court that, in compliance with the Supreme Court’s orders, the Criminal Investigation Department (CID) had obtained travel bans from the Colombo High Court and the Colombo Magistrate’s Court against 14 members of the Board of Directors of Sea Consortium Lanka (Pvt) Ltd, the local agent company of the X-Press Pearl vessel.

In addition, the Additional Solicitor General stated that investigations are currently being carried out through the CID into the assets of the company’s directors.

He also informed the court that notices have been received regarding an arbitration process being conducted in Singapore under the Singapore–Sri Lanka Free Trade Agreement in relation to this incident, and that the court would be kept informed of developments in this regard.

The Additional Solicitor General further assured the court that every step taken to implement the judgment would be reported to the court and that all actions would be carried out strictly in accordance with court orders.

Subsequently, Attorney-at-Law Nilshantha Sirimanna, appearing on behalf of His Eminence Malcolm Cardinal Ranjith, submitted that the local company, Sea Consortium Lanka (Pvt) Ltd, bears responsibility for the maritime disaster.

The attorney-at-law pointed out that, in accordance with the Supreme Court’s order, the company was required to pay USD 500 million by January 23, but had paid only approximately Rs 250 million. He alleged that this amounted to a violation of the court order and constituted contempt of court.

Accordingly, he requested the court to issue an order compelling the directors of the local agent company to submit sworn affidavits detailing their assets and properties.

Thereafter, Attorney-at-Law Ravindranath Dabare, appearing on behalf of the Centre for Environmental Justice, submitted that the judgment in this case cannot be altered under any circumstances.

He further stated that the failure to implement the judgment amounts to contempt of court on the part of the respondents.

Attorney-at-Law Senani Dayaratne, appearing for Transparency International Sri Lanka, informed the court that investigations into the directors’ assets should have commenced from the very inception of these legal proceedings.

After considering all submissions, the three-judge bench of the Supreme Court delivered its order, stating that the court approves the contents of the motion filed by the Attorney General.

Accordingly, the bench directed the Attorney General to engage in discussions with the relevant parties and take the necessary steps to implement the judgment, and thereafter decided to conclude the hearing of the petitions.