The legitimacy of the FCID

According to news reports, Minister of Transport Nimal Siripala De Silva and a few Deputy Ministers have commented that the Financial Crimes Investigations Division is not a legal entity and its recent actions in arresting and indicting certain politicians on alleged financial crimes of serious nature are questionable. 

They stated that they have opposed the formation of this investigative body from inception and have requested the President to ‘dissolve’ it. This contention coming from a person of the calibre of Nimal Siripala de Silva who is himself a lawyer is very serious and surprising too. In the same token, they should request the President to abrogate the CID too because this division is also investigating embezzlement and related crimes allegedly committed by the same clan.

The President instead of listening to them have strengthened the PRECIFAC but despite the comment of Minister Lakshman Yapa that the FCID is made redundant, it has in fact buttressed the process of investigating serious financial crimes. The distinction is that a division of the Police like the FCID cannot have access to bank records or Inland Revenue records without a court order and by strengthening the PRECIFIAC in this manner, this lacuna is dispensed with.

FCID was established by the Inspector General of Police exercising his authority under the Police Ordinance. No special statutory power or mandate has been given to the FCID other than the powers vested with the Police Department. The purpose of establishing this division is to employ the services of experienced group of officers to handle investigations on financial crimes of grave nature and expedite those investigations. 

The matters may be referred to it for investigation by the Anti-Corruption Committee, a Cabinet Sub-Committee headed by the Prime Minister, which was setup as per a decision taken by the Cabinet. This Committee was setup with a view to recommending measures to be adopted to prevent the occurrence of large-scale corruption and frauds in future. Complaints can also be made to the FCID by the public for investigation. 

The duties of officers of the FCID are clearly stated in Section 56 of the Police Ordinance which states: “Every Police officer shall for all purposes in this Ordinance contained be considered to be always on duty, and shall have the powers of a Police officer in every part of Sri Lanka, It shall be his duty (a) to use his best endeavours and ability to prevent all crimes, offences, and public nuisances; (b) to preserve the peace; (c) to apprehend disorderly and suspicious characters; (d) to detect and bring offenders to justice; (e) to collect and communicate intelligence affecting the public peace; and (f) promptly to obey and execute all orders and warrants lawfully issued and directed to him by any competent authority.”

The FCID is another division of the Police Department just like the STF, CID, Colombo Fraud Bureau or even a new Police station. Formation of such entities are under the purview of the IGP who may do so as he deems fit when special needs arise in maintaining law and order. This does not require the IGP to follow any special legal procedure as long as he acts within the provisions of the Police Ordinance which had been updated with amendments or changes commensurate with the necessities arising in the law and order situation of the country.

It is therefore atypical of Minister Nimal Siripala who is a member of the Cabinet of this Government and perplexing when he stands up for persons who are arraigned in courts for alleged involvement in frauds or embezzlement of citizens’ money on very large scale. The FCID has not arbitrarily arrested persons named in those crimes but carefully investigated and gathered evidence and then produced them before courts expeditiously. 

If as claimed by Minister De Silva and others that FCID does not possess legitimacy, why had the courts not ruled that the FCID in fact is not a legal entity and why haven’t the learned attorneys appearing for the accused in courts seeking to release them on bail challenged the legitimacy of the FCID? These lawyers apparently acquiesce to the fact that FCID is a properly and legally constituted arm of the Police force.

A good explanation over this issue is given by MP Anura Kumara Dissanayake, who said: “Those who call for the abolition of the Financial Crimes Division (FCID) and most of those who have visited former President’s son Yoshitha in prison are ones who should be behind bars and the deputy ministers who claimed that the FCID was illegal and should be abolished are ones who have been involved in various corrupt deals. These people have got scared after Yoshitha’s arrest because they have skeletons in their cupboards.”

Dissanayake also said Yoshitha was arrested on money laundering charges and most of those who oppose his arrest were ones who raised their hands to approve the legislation banning money laundering. “Those who visited Yoshitha should be in prison with him. The FCID is currently under the IGP and he had informed that no one can be arrested without the approval of the Attorney General.”

Therefore it would do well for Minister Nimal Siripala and others to refrain from speaking in defence of those named in serious financial crimes, lest they be also named as persons who have aided and abetted the commitment of such offences.

T. Mallawatantri