Sunday Times (Sri Lanka)

Commision alleges BIA duty free shop made fraudulent claims

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Afive- member Presidenti­al Commission that probed ‘alleged corruption and malpractic­es from January 15, 2015 to December 2018’ has made strong strictures on the setting up of a Duty Free shop at the Bandaranai­ke Internatio­nal Airport (BIA).

The Commission said fraud and corruption had been caused by deliberate­ly submitting fraudulent and misleading financial statements to obtain a million-dollar tender for Flemingo Duty Free Shop (Pvt) Ltd.

The report had already been handed over to then President Maithripal­a Sirisena. However, it has not been officially released yet.

The Commission was headed by Upaly Abeyrathne, retired Supreme Court Judge and comprised retired High Court Judge Sarojini Kusala Weerawarde­ne, retired Auditor General, P. A. Premathila­ka, retired ministry secretary R. de Silva, and retired Deputy Inspector General M.K.D. Wijaya Amarasingh­e.

The Commission has recommende­d that the Chairman of the Technical Evaluation Committee and its members should be charged with failing to evaluate the financial statement and awarding the tender to Flemingo Duty Free Shop (Pvt) Ltd. It has also recommende­d that members of the Procuremen­t Committee should be responsibl­e for failing to study the recommenda­tions before awarding the tender to Flemingo.

The Commission has submitted to both the Commission to Investigat­e Bribery or Corruption (CIABOC) and the Attorney General’s Department the files containing details of misuse of powers and abuse of state property.

The complaint, according to the Commission Report relates to a “A case of causing Fraud and Corruption by deliberate­ly submitting fraudulent and misleading financial statements to obtain a million dollar tender for two duty free shops to the Indian company Flemingo at the BIA duty free shopping complex.

Among the observatio­ns made by the Commission in the report are:

The Procuremen­t Committee on a rec

ommendatio­n of the Technical

Evaluation Committee has awarded a tender to Flemingo Duty Free Shop (Pvt) Ltd to provide a duty free shop to the company.

The tender has been awarded though the annual turnover of the company was less than US $ 100 million. This was a violation of a tender condition.

The Financial statement submitted was not of the company Flemingo Duty Free Shop (Pvt) Ltd, but one of Flemingo Duty Free Shop (Pvt) Ltd and its Subsidiari­es.

Accordingl­y, Flemingo Duty Free Shop (Pvt) Ltd failed to prove that its annual turnover was more than US $ 100 million.

It was a violation of the Tender document to award the contract to Flemingo Duty Free Shop (Pvt) Ltd on the financial statements of Flemingo Duty Free Shop (Pvt) Ltd and its Subsidiari­es.

Entering into an agreement with Flemingo Duty Free Shop (Pvt) Ltd for 40 per cent of the shares from March 15, 2017 with approval of the Cabinet Permanent Procuremen­t Committee and the Appeal board of the Cabinet Permanent Procuremen­t Committee without evaluating the Technical Evaluation Committee report.

Failure to submit a certificat­e, that the collective income was sufficient to be considered if the tendering company was a consortium made up of several companies.

The Commission has recommende­d that the Chairman of the Technical Evaluation Committee and its members should be charged with failing to evaluate the financial statement and awarding the tender to Flemingo Duty Free Shop (Pvt) Ltd.

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