Letter of Demand to Lankadeepa newspaper

Minister of Industry and Commerce Rishad Bathiudeen has instructed his lawyers to send a Letter of Demand for Rs One billion to the Sinhala language newspaper Lankadeepa on 25 August.

“The Indian company and the opening of Letter of Credit transactions had taken place even before my client was assigned his present portfolio” states the Letter of Demand sent by Attorney-at-Law  Ms. Thakshila Serasinghe of Colombo 12.

On the instructions of Minister Bathiudeen, the Letter of Demand dated 25 August is reproduced below in full.

August 25, 2016

(From) Ms. Thakshila Serasinghe  Attorney-at-Law, 37, Belmont Street, Colombo 12

(To) The Editor,  Lankadeepa, Wijaya News Papers Limited, No 08, Hunupitiya Cross Road, Colombo 02.

The Editor,

PUBLICATION OF A NEWS DEFAMATORY OF HON MINISTER RISHAD BADIYUDEEN AT FRONT PAGE OF THE LANKADEEPA ON 19.08.2016 

I act for and write on the instructions of my client Hon Minister Rishad Bathiudeen of No 73/1, Galle Road, Colombo 03, the Honorable Minister of Industries and Commerce in the Republic of Sri Lanka.

I am instructed to state that my client is the leader of All Ceylon Makkal Congress a recognized political party and a Cabinet Minister. He is held in high esteem and dignity by the general public and this has been reflected in him being repeatedly elected by the people of the Wanni district as their representative in Parliament.

I have been instructed to state that you being the Editor/Publisher of the “Lankadeepa” have published and/or caused to have published on August 19, 2016 in the inaugural edition of the “Lankadeepa” on the front page in the column titled “SAHAL ATHIRIKTHAYAK THIBIYADHEE PONNI SAMBA METRIC TON 98375 GENWALA“සහල් අතිරික්තයක් තිබියදී පොන්නි සම්බා මෙට්‍රික් ටොන් 98375 ගෙන්වලා” an article/feature under the heading  “KOTI 500 RAJAYATA PAADU KALAY AMATHI RISHAD 29 DHAA KOMISAMA HAMUWATA” “කෝටි 500ක් රජයට පාඩු කළැයි ඇමති රිෂාඩ් 29 දා කොමිසම හමුවට”.

I am instructed to state that the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges to Investigate Allegations of Bribery and Corruption (PRECIFAC) noticed my client to be present before the said commission on or about 29.08.2016 in order to record a statement on the transactions involving Lanka Sathosa Ltd. (full name).

Further, the letter requiring my client to appear before the PRECIFAC had been signed on August 19th, 2016. However, I am instructed to state the aforesaid article was published in the Lankadeepa Newspaper on same day (August 19th, 2016) but the newspaper had been printed on August 18th, 2016.

I am further instructed to state that the contents of the said article are fabricated and false. The letter sent to my client by the Commission did not in any way denote or indicate that the inquiry was with regard to any loss incurred to national income or state revenue as stated in the contents of your article therefore the article has been written with malice with the intention of causing harm and/or damage to my client`s reputation and dignity.

I am instructed to state that the matter regarding importation of rice which has been referred in your article is based on a treasury request in 2014 for which the then President had already presented a Cabinet paper as the Finance Minister. The Minister in charge of Lanka Sathosa during that period of time was not my client.

Further, the invoicing of the Indian company and the opening of Letter of Credit transactions had taken place even before my client was assigned his present portfolio therefore you have intentionally and/maliciously published in your article that my client had been involved in these transactions.

Therefore, I am instructed to state that the contents of the said article is fundamentally false, wrong and have been published by you maliciously and/or with reckless disregard for the truth and with the knowledge that the said publication will lower my client’s esteem in the eyes of the general public. As a result my client has been defamed and brought into disrepute.

Thereby I am instructed to state that in the said article and/or feature you have damaged and/or caused damage to the reputation and good will of my client who is a reputed and respected leader of the public.

I am instructed to state that my client has suffered immense and tremendous damage to his image, reputation and good will and my client estimates the damage caused at Rupee One Billion.

Therefore I have been instructed to demand and I hereby demand the payment of the said sum of Rupees One Billion within fourteen days from the date of this letter. On your failure to comply with this demand I have been instructed to institute legal action against you for the recovery of the said sum of Rupee One Billion together with costs and to assert all rights available to my client under the Law.”