Nagananda directs fresh accusations in gold smuggling case in the wake of UNP Chairman’s complaint to CID

By Shamindra Ferdinando

UNP Chairman Wajira Abeywardena’s Office yesterday (18) denied fresh accusations directed at him by Attorney-at-Law Nagananda Kodituwakku over his alleged intervention in a Customs case where P.B.S.C. Nonis, in his capacity as the Director General of Customs, set aside a forfeiture order given by a Supervising Officer in respect of an alleged attempt to smuggle in two gold chains and six gold bangles worth Rs 15 mn.

National List lawmaker Abeywardena’s Office said that a complaint had been lodged with the Criminal Investigation Department (CID) and legal action initiated in this regard.

The MP’s Office said so when The Island sought an explanation regarding accusations made in Vinivida Foundation leader Kodituwakku’s second interview with Chamuditha Samarawickrema on ‘Truth with Chamuditha,’ posted last week. The former Minister’s Office said that Customs, too, denied these unsubstantiated allegations and the matter would be appropriately dealt with.

The detection in question has been made on Feb. 02 this year.

Both Kodituwakku and Samarawickrema said that the CID was yet to seek statements from them. Samarawickrema said that a second interview was done on the same issue due to public interest in gold smuggling through the Bandaranaike International Airport (BIA) in the wake of government group member Ali Sabry Raheem’s arrest with a haul of contraband at the BIA. Kodituwakku said that the authorities owed an explanation as to how an ordinary person bring in gold worth Rs 15 mn and the basis on which a politician intervened in this matter.

Appearing on ‘Truth with Chamuditha’ for the second time recently, public litigation activist Kotiduwakku questioned the circumstances a woman on whose behalf MP Abeywardena had intervened wrote to the UNP MP and President Ranil Wickremesinghe seeking assistance.

Producing copies of both letters, the intrepid lawyer said that in one letter, dated Feb. 27, 2023, addressed to MP Abeywardena, the woman claimed that she bought two gold chains and six gold bangles for her use. Then in the second, addressed to President Wickremesinghe, the woman claimed that she invested money received from her husband in Dubai on gold for the benefit of her infant daughter.

Koddituwakku emphasized that DG Customs couldn’t intervene under any circumstances to release goods that had been confiscated. Referring to a Court of Appeal ruling given on January 26, 2000 (Bangamuwa vs S.M.J. Senaratne, Director General of Customs and another), Kodituwakku said that the Director General had no power to release forfeited goods under Section 163 of the Customs Ordinance. However, the Customs Ordinance permitted mitigation of forfeiture, Kodituwakku said, adding that the power to order the restoration of seized goods has been vested with the Finance Minister to be exercised in terms of Section 164 and 165 of the Customs Ordinance.

Koditiwakku said that interested parties bend the law to their hearts’ content in the absence of a state policy. The lawyer said so questioning the imposition of Customs fine of Rs 10,000 on the woman who brought gold worth Rs 15 mn, contrary to the law that stipulated a minimum fine of Rs 100,000 or triple the value of goods. In the case of this particular woman, she could have been imposed a fine to the tune of Rs 45 mn.

Responding to a query from the interviewer, Kodituwakku said that he had to flee the country during the tenure of President Chandrika Bandaranaike Kumaratunga as his life was in danger. According to him, the then Director General of Customs appealed to the British High Commission in Colombo to grant him and his family political asylum in the wake of the President intervening in a case involving the late Reggie Ranatunga. “In spite of political pressure, I didn’t change my stand on a Customs case involving Arjuna Ranatunga. That compelled me to leave the country,” Kodituwakku said, disclosing he was authorized to carry a Smith and Wesson revolver as he faced numerous threats to his life.

Kodituwakku insisted that both MP Raheem, and the woman who sought MP Abeywardena’s assistance, were gold smugglers.