• COPA determines that importing contaminated fish constitutes a criminal act

By Yohan Perera   

The Committee on Public Accounts (COPA) had called for an investigation into the importation of contaminated fish in January 2022 and has advised the Ministry of Finance to refer the matter to the CID.   

It was revealed at the recent COPA meeting that 102 containers of contaminated fish has been imported in January this year.   

COPA has given instructions to the CID after determining that the importation of contaminated fish is a criminal act.   

The CID sleuths who were present at the Committee meeting were instructed to expedite the investigation in this regard.   

These transpired when COPA met under the Chairmanship of Lasantha Alagiyawanna to examine the facts disclosed by the audit inquiry regarding the entry of a ship which sailed from Seychelles to Thailand with spoiled fish containers which were let into the port of Colombo.   

It was disclosed that the ship carrying 102 containers of fish (over 2,700 MT) from Seychelles to Thailand suffered a technical fault near Sri Lanka and the fish consignment onboard had been spoiled due to the ship’s power failure.   

According to Auditor-General W.P.C. Wickramaratne, the ship arrived at the port of Colombo on 13.01.2022 despite attending to repairs there were issues pertaining to the stock of fish at the Colombo Port as well.   

In the event of an emergency, though certain facilities are provided at the nearest port, the Auditor-General pointed out that the decision to unload this stock of fish in Sri Lanka has been made despite the clauses in the Customs Ordinance, which prohibits importation of rotten, odorous, disease-causing small fish, grains and other things unfit for consumption.   

It was disclosed that the containers were landed in Sri Lanka by obtaining a new CUSDEC (Customs Declaration) permit using a buyer as an importer to Sri Lanka on the recommendations of a committee consisting of senior Customs officials appointed by the Customs.  The fact that attempts to show non-imported containers as imports were also discussed.   

Furthermore, the Auditor-General pointed out that the date of the invoice presented as an import is marked as 10.12.2021 which is a date prior to 13.01.2022 which is the date the ship arrived at the port.   
The Auditor-General also emphasized that it is thus problematic.   

However, the Import and Export Control Director stated that the relevant agency applied for the import of this fish for the production of organic fertilizer on the recommendations of the Central Environment Authority (CEA). The relevant permission was obtained according to the Import and Export Control Act.   

It was disclosed at the COPA meeting that 4 of the 102 containers were destroyed, 43 of the remaining 98 were used to produce fertilizer, 40 were re-exported and 15 were still in the country.   
It was also discussed that during a physical inspection conducted in July 2023, it was observed that the remaining 15 containers were oozing with an odour of rotten fish.   

Re-exporting of such fish containers taken into the country stating it is for the purpose of making organic fertilizers is also questionable, COPA members discussed.   

Moreover, the Auditor-General stated that the main business of the company that obtained this stock of fish to make fertilizer is canned fish production.   

However, the Customs officials who were present stated that it is two distinct businesses and therefore, the officials testify to the fact that these fish were not used to make fertilizer as claimed.   

The Committee Chair stated that although there is no issue in assisting a ship when it is in distress, it is clear that in this context, it is not the case.   
He pointed out that bringing a stock of rotten fish that no one wants to buy into the country, is a serious issue and a threat to the environment and lives.   

MP Alagiyawanna stated that he doubted as to whether these fish have been used for human consumption and that there are many questionable issues in this entire process.   

Moreover, the Chair pointed out that though it was recommended appointing a committee consisting of all relevant institutions.   

The committee has been appointed but the COPA chief has not been satisfied with it.   
Furthermore, the Chair also stated that it appeared that the Customs officials have been working with ulterior motives to get the containers into Sri Lanka.