Arjuna Mahendran Explained

Arjuna Mahendran
Office:Governor of the Central Bank of Sri Lanka
Term Start:26 January 2015
Term End:30 June 2016
Successor:Indrajit Coomaraswamy
Predecessor:Ajith Nivard Cabraal
Birth Name:Lakshman Arjuna Mahendran
Birth Date:16 July 1959
Birth Place:Colombo, Ceylon
Nationality:Sri Lankan (Previously)
Singaporean (Currently)
Alma Mater:Royal College, Colombo
Balliol College, Oxford
Profession:former Banker

Lakshman Arjuna Mahendran is a Sri Lankan-born Singaporean economist and banker.[1] He is a former Governor of the Central Bank of Sri Lanka (CBSL), having been appointed by President Maithripala Sirisena in January 2015 and served until the end of his term on 30 June 2016.[2] He was the former Managing Director of HSBC Private Bank, Chief Investment Officer of Emirates NBD as well as chairman and Director-General of the Board of Investment of Sri Lanka.[3] [4] [5] Mahendran is currently residing in Singapore, which has refused to extradite him on a request from Sri Lanka routed through interpol.[6] [7] [8]

Education

He was educated at Royal College, Colombo in Sri Lanka[9] and at Balliol College, Oxford, he gained a MA in Philosophy, Politics and Economics.

Banking career

Mahendran joined the Central Bank of Sri Lanka, he had served as a senior economist before moving into investment banking in Singapore going on to serve as managing director and Chief Investment Strategist-Asia at HSBC Private Bank. He was responsible for driving research and providing in-depth analysis of markets in the Asia Pacific. Mahendran also led the analytics team in interpreting market economics and developing investment strategies for HSBC's clients in the region. Later he served as Chief Investment Officer-Wealth Management division at Emirates NBD. From 2001 to 2004 he served as chairman and Director-General of the Board of Investment of Sri Lanka (BOI). For Mahendran's instrumental role in establishing the Board of Investments of Sri Lanka and driving its strategy, he was named a runner-up in Euromoney Strategic Direct Investor's "CEO Lifetime Achievement Award" in 2003.[10] He served as Chief Economist & Strategist – Asia Pacific at Credit Suisse Group AG and was its Head of Research for Asia Pacific since October 2006.[11]

Central Bank Governor

In 2015 he was appointed as the Governor of the Central Bank of Sri Lanka. He was extremely critical of the Sri Lankan tax system and called the revenue which is only 10% of the GDP "pathetic" and compared the low tax collection in the country to the tax collection of a poor Sub-Saharan country and also criticized the complexity of the tax system and proposed to simplify it and introduce online tax payment systems to streamline tax collection.[12] He also slammed inefficient loss making state-owned enterprises as they have created losses in state banks while giving a "free ride" to private banks as they exploit significant lending spreads by the government banks and proposed to make public enterprises more efficient so that the banking system can be more efficient and make the economy grow faster.[13] The IMF announced a US$1.5 billion lending program to Sri Lanka in March 2016 to restructure the economy during Mahendran's tenure.[14]

Singapore queries Sri Lanka's allegations of impropriety by Mr.Mahendran

See main article: Central Bank of Sri Lanka bond scandal.

In March 2019 President Sirisena of Sri Lanka accused Singapore authorities of not acting on his request to frame charges against Mahendran.[15] A spokesperson for the Singapore government said there were no grounds to do so. This follows reports that the Singapore authorities had refused the request on the basis that it could not be determined that Mahendran's conduct, if committed in Singapore, would constitute a criminal offence in Singapore according to the evidence presented by Sri Lanka.[16] In February 2015 CBSL advertised the sale of Rs. 1 billion in 30-year government bonds at a coupon of 12.5%[17] though several accounts erroneously cite an indicative rate of 9.5%.[18] [19] Mr Mahendran stated that he grew perturbed that officials of The Central bank had advertised the auction for a very Low figure of Rupees one billion worth of government bonds when the government needed over Rupees 13 billion on the date of the auction and Rupees 172 billion in March 2015.[20] The sale was oversubscribed with 36 bids of totaling Rs. 20 billion.[18] The majority of bidders, 26, bidded for Rs. 100 million or less at a rate of 9.5%–10.5%.[18] However, a few bidders, including Perpetual Treasuries Limited, wanted interest rates of 11%–12%.[18] On 27 February 2015 an official tender board, which did not include Mahendran, accepted Rs. 10 billion in bids at rates of 9.5%–12.5%.[18] The issuing of ten times the advertised bonds, and at a higher than expected rate, was alleged to cost the Sri Lankan government an additional Rs. 1.6 billion ($10.6 million), though this alleged loss was disputed by the Leader of the House of Parliament.[21] [22] [23] [24] A petition was lodged in the Supreme Court of Sri Lanka contesting the methodology used to allege such a loss.[25] Perpetual Treasuries was issued, directly and indirectly, with Rs. 5 billion in bonds at 12.5%.[26] [27] [28] [29] Perpetual Treasuries was one of the primary dealers in the sale and is owned by Mahendran's son-in-law Arjun Aloysius.[19] [30] [31] The primary dealer had also appointed the sister of the former Central Bank Governor Ajit Nivard Cabraal onto the Board of its holding company.[32]

This situation became a controversial political issue in Sri Lanka as the newly elected Sri Lankan Government of President Maithreepala Sirisena came to power with a slogan of good governance in the country. A three-member Committee of eminent lawyers was appointed to investigate the issue and the report produced by the committee claimed that there was no direct involvement by Mahendran in the deal.[33] The Supreme Court of Sri Lanka did not grant leave to proceed in a fundamental rights case that requested a separate inquiry into the bond issue, as no laws were broken.[34]

Mahendran denied any wrongdoing in the controversial bond auction and asserted that he was ready to face any inquiry to prove his innocence. He also said he had been made a victim due to his own transparency.[35] In a related development Mahendran's successor at the Central Bank refused to publish a forensic audit commissioned to probe bond auctions, conducted by KPMG/BDO. The forensic audit did not find any evidence of wrongdoing by Mahendran.[36] Despite efforts to stifle the report, the Speaker of Parliament ruled that the report be made available to Parliament for debate.[37] [38] Around the same time the Board of the Central Bank was reconstituted with new appointees.[39] [40]

A former governor of the Central Bank of Sri Lanka, Ajith Nivard Cabraal who preceded Mahendran charged that a higher hand was involved in the scandal given the scale of the cover-up attempts by the Sri Lankan government.[41] Cabraal himself is the subject of several investigations by the law enforcement authorities on alleged misconduct during his tenure as Governor.[42] [43] [44]

On 28 October 2016 the Committee on Public Enterprises, after a lengthy investigation, found Mahendran responsible for the Bond Issue Scam and recommended legal action be taken against the above.[45] [46] However President Maithripala Sirisena has announced that he has appointed a Special Presidential Commission of Inquiry to further investigate the case. This commission consisted of commission's chairman Justice K. T. Chitrasiri and members Justice Prasanna Jayawardena and retired Deputy Auditor General, V. Kandasamy.[47] During the inquiry, Mahendran defended his actions before the Commission stating that he had not acted in a manner detrimental to the interests of the Government.[48]

The commission handed over the report on Central Bank bond issuance to the President Maithripala Sirisena on 30 December 2017 and the Presidential Secretariat made available the full report in PDF form from its website for public viewing.[49] [50] In the findings of the report, Arjuna Mahendra was held directly responsible for causing a loss of LKR 11,145 million to public institutions.[51] However, Prime Minister Ranil Wickremesinghe has announced that 'No financial loss will be caused to the government on account of the Central Bank Bond issue since the government will recover the Rs 9.2 billion involved from Perpetual Treasures Ltd. according to the procedure recommended by the Presidential Commission. The Central Bank functioning under the Ministry of National Policy has already blocked and retained a fund of Rs 12 billion belonging to the Perpetual Treasures Ltd'[52] In 2016 an independent report published by the UN High Commissioner for Human Rights stated that Such Commissions of Inquiry in Sri Lanka rarely served a useful purpose and stood in the way of competent institutions fulfilling their objectives.[53]

The prolonged nature of the inquiry may be linked to a growing rift between Sri Lanka's president and Prime Minister and the two political parties they each represent in an increasingly fraught coalition government.[54] A group of ministers from the President's party along with opposition MPs failed in a recent attempt to pass a motion of no-confidence against the Prime Minister in Sri Lanka's Parliament.[55] A key issue in the motion was the Prime Minister's alleged interference in the Central Bank.[56] The President has subsequently had to prorogue Parliament[57] President Sirisena was accused by Australian authorities of soliciting a bribe from an Australian contractor and his chief of staff was caught red-handed by Police while accepting cash from a businessman in the carpark of a hotel.[58] [59]

Arrest order quashed

On 15 March 2018 Colombo Fort Magistrate's Court issued an arrest warrant on Arjuna Mahendra on charges of criminal breach of trust for allegedly providing confidential information of the Central Bank of Sri Lanka to Perpetual Treasuries Limited, a primary dealer connected to and owned by his son-in-law Arjun Aloysius who was arrested on 4 February 2018 along with Kasun Palisena, who was the CEO of Perpetual Treasuries Limited.[60] Mahendra did not surrender himself to the court. The Supreme Court of Sri Lanka had earlier rejected a similar petition.[61] News reports state that Mr Mahendran has challenged the order through the International Police (Interpol).[62] Prime Minister Wickremesinghe made a statement in the Sri Lanka Parliament on 5 June 2018 stating that the Singapore government has refused to arrest Mahendran[6] Lawyers of the accused have made submissions to court contending that the presentation of the Commission of Inquiry CCOI) report in a court of law as evidence is not admissible as the COI does not formally follow the judicially recognised law of evidence.[63]

On 28 June 2019, a case was filed at the Permanent High Court Trial at Bar by the Attorney General against Mahendran accused in the Central Bank Treasury Bond Scam and lost multi billions from Sri Lankan's public money.[64]

On 16 June 2020, the attorney general of Sri Lanka alleged that, according to Interpol, Mahendran had changed his name to Harjan Alexander.[65] [66] [67] However, one of the publications that stated this subsequently carried a reference to Mr Mahendran using his original name, casting doubt on the authenticity of the quote.[68] Mr Mahendran published a rebuttal denying any change of his name alleging, inter alia, that the Sri Lanka Attorney General was instructed to sensationalise the case in the media on the instructions of the President.[69] The same Sri Lanka attorney general ordered the arrest of a staffer in the Swiss embassy in Sri Lanka which was strongly objected to by the Swiss government.[70] In a series of 3 rulings the Special High Court of Sri Lanka dismissed the charges against Mr Mahendran in 2022.[71] [72] [73]

Notes and References

  1. http://www.emiratesnbd.com/en/index.cfm/private-banking/about-us/about-us/arjuna-mahendran/ Arjuna Mahendran
  2. https://www.reuters.com/article/sri-lanka-cenbank-governor-idUSL3N0UU4G820150115 Sri Lanka names international banker Mahendran as central bank chief
  3. http://www.dailymirror.lk/62037/arjuna-mahendran-appointed-new-cb-governor Arjuna Mahendran new CB Governor
  4. http://www.emiratesnbd.com/en/index.cfm/private-banking/about-us/about-us/arjuna-mahendran/ Arjuna Mahendran
  5. News: Profile–Sri Lanka's Central Bank Governor Arjuna Mahendran. Reuters. 13 April 2015. 30 October 2015.
  6. Web site: Extraditing Mahendran: S'pore wants SL to check on the procedure. www.dailymirror.lk.
  7. Web site: Interpol red notice issued on Arjuna Mahendran - Sri Lanka Latest News. 20 April 2018. Sri Lanka News - Newsfirst.
  8. Web site: Interpol Red Notice on Mahendran. Lakmal. Sooriyagoda. Daily News.
  9. http://archives.dailynews.lk/2010/11/18/fea04.asp On behalf of all her sons and daughters
  10. http://www.sundaytimes.lk/150201/business-times/central-bank-looks-at-risk-management-structures-and-investment-policy-guidelines-132359.html Central Bank looks at risk management structures and investment policy guidelines
  11. Web site: List of Public Companies Worldwide, Letter – Businessweek – Businessweek. Businessweek.com. 30 October 2015.
  12. Web site: Sri Lanka seeks to connect tax payers with revenue office online. Lanka Business Online. 30 October 2015. en.
  13. Web site: CB Governor slams CEB, CPC and SriLankan for dragging down state banks. Lanka Business Online. 30 October 2015. en.
  14. News: Sri Lanka Gets $1.5 Billion Loan from IMF. Wall Street Journal. 29 April 2016.
  15. Web site: Singapore rejects Sri Lankan leader's allegation on trading scam suspect. The Jakarta Post.
  16. Web site: Singapore turns down Arjuna Mahendran's extradition request?. www.lankanewsweb.net.
  17. Web site: Advertisement by the Central Bank of Sri Lanka. https://web.archive.org/web/20180219012057/http://www.cbsl.gov.lk/pics_n_docs/02_prs/_docs/press/press_20150227.pdf. 19 February 2018. dead.
  18. News: CB Governor faces 'family company' charges; calls mount for probe. The Sunday Times (Sri Lanka). 8 March 2015.
  19. News: Harsha vows to go after fraudsters. The Nation (Sri Lanka). 8 March 2015. 20 June 2015. https://web.archive.org/web/20161106145332/http://www.nation.lk/edition/latest-top-stories/item/39050-harsha-vows-to-go-after-fraudsters.html. 6 November 2016. dead.
  20. Web site: The 'Bond Scams' Were Caused By A Broken Bond Market - Part II. 19 June 2020.
  21. News: Aneez. Shihar. Sri Lanka c.bank head resumes duty after bond probe report. Reuters. 23 April 2015.
  22. Web site: KIRIELLA on Treasury Bond issue: AUDITOR GENERAL'S REPORT FLAWED. Disna. Mudalige. Daily News.
  23. News: CB Bond Issue Call For Independent Probe. The Sunday Leader. 26 April 2015.
  24. News: Fernando. Tharushan. Voice Against Corruption Movement condemns PM's statement on CBSL fraud. News First. 24 May 2015.
  25. Web site: Monk's petition on eve of bond debate in House.
  26. News: Samath. Feizal. News Bond issue: Probe committee to question dealers on inside info. The Sunday Times (Sri Lanka). 22 March 2015.
  27. News: Primary dealers seek urgent meeting with CB on bond issue. The Sunday Times (Sri Lanka). 15 March 2015.
  28. News: Shauketaly. Faraz. Trying To Stop The Third Force. The Sunday Leader. 12 April 2015.
  29. News: Perera. Yohan. Finance Minister dismisses bond issue allegations. The Daily Mirror (Sri Lanka). 11 March 2015.
  30. News: Central Bank Governor under fire. The Sunday Times (Sri Lanka). 15 March 2015.
  31. News: The Central Bank Bond Fiasco. The Nation (Sri Lanka). 14 March 2015. 20 June 2015. https://web.archive.org/web/20161224233438/http://www.nation.lk/edition/politics/item/39236-the-central-bank-bond-fiasco.html. 24 December 2016. dead.
  32. News: Cabraals sister responds to allegation: The Nation 4 July 2015. https://web.archive.org/web/20170202074054/http://nation.lk/online/2015/07/04/cabraals-sister-responds-to-allegation.html. 2 February 2017. dead.
  33. Web site: No direct involvement by Mahendran-Committee . www.dailymirror.lk. 31 May 2015.
  34. http://www.sundaytimes.lk/150510/news/court-cannot-direct-cb-governor-as-no-law-has-been-broken-counsel-148380.html Court cannot direct CB Governor as no law has been broken: Counsel | The Sunday Times Sri Lanka
  35. I’m a victim of my own transparency – CB Governor Mahendran http://nation.lk/online/2015/06/13/im-a-victim-of-my-own-transparency-cb-governor-mahendran.html
  36. Web site: Forensic Audits . Central Bank of Sri Lanka Communications Department . 12 November 2019.
  37. Web site: Parliament of Sri Lanka - News - Speaker Decides to Table the Forensic Audit Report in Parliament.
  38. Web site: EXCLUSIVE: All 5 Central Bank Forensic Audit reports . 23 January 2020 .
  39. Web site: Parliament of Sri Lanka - News - Constitutional Council approves the member nominations for the Monetary Board.
  40. Web site: Prof. W D Lakshman takes office as the Governor of the Central Bank of Sri Lanka . Central Bank of Sri Lanka Communications Department . 24 December 2019.
  41. INTERVIEW: Higher hand involved in bond scam http://nation.lk/online/2015/06/20/major-mission-to-cover-up-bond-scam.html
  42. Web site: Nivard Cabraal and his tenure at Central Bank | Daily FT. www.ft.lk.
  43. Web site: Fmr. CBSL Governor Nivard Cabraal arrives at the FCID. 6 October 2016. Sri Lanka News - Newsfirst.
  44. Web site: FCID summons Ajith Nivard Cabraal. 20 August 2015. Sri Lanka News - Newsfirst.
  45. Mahendran responsible for CB Bond scam: COPE report http://www.dailymirror.lk/article/Mahendran-responsible-for-CB-Bond-scam-COPE-report--118266.html
  46. Mahendran responsible for CB Bond scam: COPE report http://newsfirst.lk/english/2016/10/cope-report-former-cbsl-governor-arjuna-mahendran-found-accountable-bond-scam/153007
  47. Web site: Presidential Commission of Inquiry on CB Bond scam | Daily FT. www.ft.lk.
  48. Web site: Mahendran stands ground | Daily FT. www.ft.lk.
  49. News: Bond commission hands over report to President Sirisena . Adaderana . 30 December 2017 . 23 March 2018.
  50. News: Report of the Bond Commission . Presidential Secretariat . 16 January 2018 . 23 March 2018.
  51. News: Sri Lanka's ex-Central Bank chief Arjuna Mahendran held responsible for bond scam . The Hindu. 3 January 2018 . 23 March 2018.
  52. Web site: Govt. will recover Rs. 9.2 bn from Perpetual Treasuries. Daily News.
  53. Web site: OHCHR | Preliminary observations and recommendations of the Special Rapporteur on the independence of judges and lawyers - Ms. Mónica Pinto* of the Official joint visit to Sri Lanka – 29 April to 7 May 2016. www.ohchr.org.
  54. Web site: Tumult in Sri Lanka: The Statesman. 26 March 2018. The Straits Times.
  55. Web site: Sri Lankan PM defeats vote of no confidence. 6 April 2018. The Straits Times.
  56. Web site: Sri Lankan PM Ranil Wickremesinghe survives no confidence vote. 5 April 2018. The Straits Times.
  57. Web site: Sri Lanka's president suspends parliament until May 8. 13 April 2018. The Straits Times.
  58. Web site: Top aide of Sri Lankan President Sirisena caught red-handed accepting bribe. 3 May 2018. The Straits Times.
  59. Web site: Australian companies linked to bribe scandals in Sri Lanka and Congo. McKenzie . Nick . Freudenthal . Emmanuel . Bachelard . Michael . Baker . Richard . 24 August 2016. The Sydney Morning Herald.
  60. News: Arjun Aloysius, Kasun Palisena arrested . Daily Mirror. 4 February 2018 . 23 March 2018.
  61. Web site: SC dismisses FR case against Treasury Bond fiasco | Daily FT. www.ft.lk.
  62. News: Coalition in do-or-die battle to win back hearts and minds of the people. The Sunday Times Sri Lanka. 31 May 2018.
  63. Web site: Introducing bond report in court illegal: Gamini Marapana PC. www.dailymirror.lk.
  64. Web site: AG submits a 21,000-page extradition request for Arjuna Mahendran - Sri Lanka Latest News. 2 September 2019. Sri Lanka News - Newsfirst.
  65. Web site: 2020-06-16. Fmr. CBSL governor Arjuna Mahendran changed his name - INTERPOL. 2020-06-16. Sunday Observer. en.
  66. Web site: Mahendran has changed name to Harjan Alexander: AG informs Special HC. 2020-06-16. www.dailymirror.lk. en.
  67. Web site: 2020-06-16. Arjuna Mahendran changed his name to Arjan Alexander ; INTERPOL informs SL. 2020-06-16. Sri Lanka News - Newsfirst. en.
  68. Web site: Daily Mirror E-Paper. epaper.dailymirror.lk.
  69. Web site: 'Bond Scams' Reflect A Broken Bond Market. 28 May 2020.
  70. News: Colombo-based Swiss Embassy staffer arrested. Meera. Srinivasancolombo. The Hindu. 16 December 2019. www.thehindu.com.
  71. News: Third Bond Auction: Ravi, nine others released from 11 charges . Daily News . 7 December 2021.
  72. News: Ravi, ten accused released from second Bond Scam case . Daily News . 5 March 2022.
  73. News: Trial-at-Bar rules charges against Mahendran, CBSL officials cannot be pursued . Daily News . 12 October 2022.