SC allows TISL to intervene : X-Press Pearl case

The Supreme Court, on Friday, granted permission for Transparency International Sri Lanka (TISL) to intervene in Case No. SC/FR 168/2021, which seeks fair compensation for the victims of the X-Press Pearl disaster.

The decision came after a heated legal battle that saw the Attorney General’s office strongly opposing the TISL’s involvement.

Earlier this year, TISL filed an intervention petition in the Supreme Court, aiming to shed light on several critical issues surrounding the X-Press Pearl disaster and the compensation claims. Senior Counsel Senany Dayaratne represented TISL in court, with a team of Attorneys-at-Law, including Lasanthika Hettiarachchi, Sankhitha Gunaratne, Nishadi Wickramasinghe, and Thiru Amirthalingam, under the guidance of Attorney-at-Law Thushari Jayawardena.

On Friday (06), the Supreme Court delivered its order, allowing TISL’s application for intervention. The decision was based on a careful consideration of the totality of the circumstances of the case and the submissions made by both parties. The Attorney General was represented by ASG Nerin Pulle, PC, and DSG Nayomi Kahawita.

Several key points were raised in TISL’s

intervention petition, highlighting the urgency and significance of its involvement in the case:

1. Allegations of Interference and Extraneous Pressure:

TISL expressed grave concerns about allegations of interference and extraneous pressure related to the compensation claim arising from the XPress Pearl disaster. These allegations cast doubt on the integrity of the compensation process and call for a transparent investigation.

2. Justice Minister’s Statement: TISL referenced the statement made by the Justice Minister in Parliament on April 25, 2023. In this statement, it was revealed that one Chamara Gunasekara, also known as Manjusiri Nissanka, had allegedly received a payment of USD 250 million into a private bank account in connection with the XPress Pearl disaster. TISL seeks clarity on the circumstances surrounding this payment.

3. Claims by Chinthaka Waragoda: TISL pointed to media statements made by Chinthaka Waragoda, who reportedly invented a machine to remove debris that washed ashore after the shipwreck. Waragoda alleged that he was offered payment to discontinue the use of his machine, purportedly to prevent the full extent of the damage caused by the disaster from becoming public knowledge. TISL aims to investigate these claims further.

4. Quantum of Compensation: Questions have been raised about the quantum of compensation due to Sri Lanka for the damages caused by the MV XPress Pearl. TISL intends to ensure that a fair and accurate assessment of the compensation owed to the country is conducted, taking into account the full extent of the environmental and economic impact of the disaster.