Pillayan said Minister Karuna behind the murder of 600 Sri Lankan Policemen in 1990
manob@hotmail.com – À francoeurope-srilanka@hotmail.fr
Pillayan said to the LLRC that Karuna was responsible for the murder of 600 policemen who surrendered to LTTE in 1990 without firing a single shot.
Would LLRC recommend the President to hold an investigation into this matter?
Karuna retaliated that he was not even in Batticaloa when it happened. What an excuse? Not long ago but before LTTE leadership was totally annihilated by the Sri Lankan Army he said that he handed over the Policemen to Pottu Amman, never mentioned that he was not in the East or the Policemen did not surrender to him.
Since Pottu Aman is not available for questioning Karuana may escape from justice, but Pillayan may be able to bring witnesses to prove his claim too if allowed.
It was good for the Rajapakse and Co, that LTTE Political head Nadesan got killed fighting to the very end than his speculated initial attempt of surrendering to the SLA carrying a white flag. Otherwise, he would have told the entire world when being prosecuted that Mahinda Rajapakse bribed LTTE in the 2005 Presidential election. He would have also testified who killed 600 policemen.
The Irony is that under Mahinda Rajapakse rule, a ruthless Tamil Terrorist can become a politician and a minister. Politicians of the opposition parties pending criminal charges can switch sides and become one of his bootlickers, yet the former Commander of the Sri Lankan Army Gen Sarath Fonseka the war hero who led a successful war against the LTTE Terrorism to the very end, handpicked by the President and his brother the Defense Secretary Gotabhaya Rajapakse had been stripped off of all the medals he received in his entire carrier as a decorated soldier, his rank and also his pension because he contested against Mahinda Rajapakse at the last Presidential election. The first Kangaroo court of Mahinda Rajapakse didn’t even bother that defence attorneys need to cross-examine the prosecutor’s witnesses before giving the verdict. Then again the war Hero Gen Fonseka had been sentenced to rigorous imprisonment for improper procurement of arms to SLA during his tenure without giving the defence attorneys a chance to bring the key witness for the defence by a second Kangaroo court. The Kangaroo court of Mahinda and Goatabhaya couldn’t even prove of any misappropriation by General Sarath Fonseka.
If Sinhalese are not so-called “Modayas Kavum Kanna Soorayas”
01 – Is the Defense Secretary Gotabhaya Rajapakse a law-abiding citizen of our country?
02 – If he is a law-abiding citizen of our country, will he investigate into the criminal act of Minister Karuna of forging a Diplomatic Passport, number D1944260 in the name of “Kokila Dushmantha Gunawardena” whose occupation on the passport was given as Director General of Wildlife Conservation and travelling to UK violating immigration laws of our country. Defense secretary has all the powers to investigate this matter as the PassPort office and The Department of Immigration, comes under the Ministry of Defence, Public Security, Law and Order of which Gotabaya Rajapakse is Secretary and President Rajapakse the Minister.
03 – Will defence secretary clear his name from this scandal, as Minister Karuna has admitted in a British court that it was the Defense Secretary who had helped him to get the Diplomatic PassPort? This is of National importance since if the defence secretary was involved in forgery of a Diplomatic Passport, the PassPort Department should not be under him not to mention that he shouldn’t be given any administrative position in the Government sector.
04 – Does Defense Secretary respect Geneva conventions and International Humanitarian laws which Sri Lanka is a signatory?
05 – Is the Defense Secretary aware that Sri Lanka is obliged to uphold Geneva Conventions and International Humanitarian laws above the laws of the country being a signatory?
06 – If so will Defense Secretary explain to the public how he could hang a person for treason who would testify against war crimes?
07 – By doing so is he defying the Geneva Conventions and International Humanitarian laws?
08 – How would the Defense Secretary and his Brother the President react if the Supreme Court calls for a recount of last Presidential election supervised by International Monitors.
09 – Will the defence secretary explain to the public under what provision of the Army act the Former Army commander Rtd. Gen Fonseka was arrested?
10 – Will there be a commission to find out how and who killed 600 policemen surrendered in 1990 under government orders to LTTE Eastern Leader Col Karuna now a Minister in the Rajapakse cabinet?
11 – Will the defence secretary allow an international commission to find the mass graves of those policemen?
12 – Since the Defense Secretary challenged to show evidence of war crimes, will he allow an international commission to look for evidence in the final battle zone where 300,000 thousand Tamil civilians were trapped?
13 – If there were no war crimes, then could he explain what is there to hide or the reason for objection?
Home News PEOPLE LIKE KARUNA AMMAN SHOULD APOLOGISE FOR MURDER OF 600 POLICEMEN, SAYS PILLAYAN
PEOPLE LIKE KARUNA AMMAN SHOULD APOLOGISE FOR MURDER OF 600 POLICEMEN, SAYS PILLAYAN
DATE_FORMAT_LC2
October 21, 2010: People like Karuna Amman should be asked to tender an apology for the murder of policemen by the LTTE in the 1990s, says the Chief Minister of the Eastern Province, Shivanesathurai Chandrakanthan, also known as Pillayan.
He made the statement while giving evidence before the Lessons Learnt and Reconciliation Commission when it convened yet again yesterday.
Pillayan was asked by the Commission whether he would apologise for the murder of 600 policemen by the LTTE in the 1990s, as he was a member of the organisation at the time.
Responding, the chief minister said that he had joined the LTTE on February 4, 1991 and the policemen were captured in 1990s.
“The police were captured in the 1990s. I joined the LTTE on the 4th of February in 1991. I got to know that the area residents had said that police had been surrounded and killed.
“If an apology is to be tendered on behalf of the police, then I think it would be good if people such as Karuna Amman, who were leaders at the time, are asked about it.
“I have seen the things the Army did in the 90s. I saw my neighbour, Seeniththambi, being shot. I also saw burnt bodies strewn along the road. I have even seen bodies that were cut up, floating along the rivers.
“Two of my friends who studied with me were taken away at night. Furthermore, I saw an innocent person near my house being kicked when he was pleading for his life. I also saw someone being shot despite pleading for his life. When I was 15 or 16, even I was slapped by the Army.
“The political leaders who spearheaded this by knowing about it are the ones who should ask for forgiveness,” said Shivanesathurai Chandrakanthan.
October 22, Colombo, Sri Lanka Guardian) Former LTTE regional leader Karuna Amman alias Minister of the ruling party, Vinayagamoorthy Muralidgaran says in an interview with Sri Lanka Guardian that there is no proper reason to apologize for the mass killings in the 90s where more than 600 policemen who surrendered to the LTTE in Batticaloa were executed.
The former rebel leader pointed out that the incident occurred where he was not in the East and the LTTE intelligence head Pottu Amman and Newton must responsible for this mass killing.
“Actually i was not in the Batticaloa that time, but this, unfortunately, the incident happened. According to my information, it was lead by Pottu and Newton,” Karuna Amman says.
While Minister Muralidaran pointed out that, he was unaware of the comment made by Pilliyan who is currently Chief Minister under the ruling Government. He was, however, one of the military tailors in the LTTE under Karuna Amman.
http://www.alertnet.org/thenews/newsdesk/HRW/4b19473a27f17365489f69c44cfea65a.htm
UK: Missed Chance to Charge Sri Lankan Rights Abuser
09 May 2008 23:10:05 GMT
Source: Human Rights Watch
Reuters and AlertNet are not responsible for the content of this article or for any external internet sites. The views expressed are the author’s alone.
(London, May 9, 2008) The British government’s failure to file criminal charges against a former Tamil Tiger leader for grave human rights abuses in Sri Lanka is a tragic missed opportunity to bring a notorious rights abuser to justice, Human Rights Watch said today. In spite of strong efforts by the Metropolitan Police, on May 9 the United Kingdom government announced that the Crown Prosecution Service found there was “insufficient evidence to provide a realistic prospect of conviction for any criminal offences in the UK” against Vinayagamoorthi Muralitharan, known as Colonel Karuna Amman.
“Britain is missing a golden opportunity to show that human rights violators like Karuna will be tried for grave abuses, no matter where they took place,” said Brad Adams, Asia director at Human Rights Watch. “If he escapes prosecution, it will be a tragedy both for his many victims and for international justice.”
Karuna was the top commander of the Liberation Tigers of Tamil Eelam (LTTE) in eastern Sri Lanka, and the reputed number two in the LTTE hierarchy until he left to form his own armed group in March 2004. Tamil Tiger forces under Karuna’s command were directly involved in some of the worst crimes of Sri Lanka’s ongoing civil war, including torture, summary execution, and use of children as soldiers. Because his armed group fought against the LTTE in recent years, the Sri Lankan government did not prosecute him.
Immigration authorities in the UK arrested Karuna on November 2, 2007. After a criminal conviction, he served half of a nine-month term for possessing illegal documents. He was transferred on May 9 to immigration custody and now awaits deportation.
The British government has frequently raised concerns about Sri Lanka’s deteriorating human rights situation with the government and has long criticized the LTTE for serious human rights abuses.
Tamil Tiger forces under Karuna’s command were directly involved in some of the worst crimes of Sri Lanka’s ongoing civil war. In June 1990, some 400 to 600 police officers who surrendered to the LTTE were bound, gagged, and beaten. The Tamil Tigers, including forces under Karuna’s control, then executed the Sinhalese and Muslims among them. In July 1990, Karuna’s forces stopped a convoy of Muslims travelling in Batticaloa district and executed about 75 people, including women and children. In August 1990, Karuna’s forces killed more than 200 civilians in two incidents in Batticaloa district.
In 2004, Human Rights Watch investigated the Tamil Tigers’ recruitment and use of children as soldiers. Karuna’s forces played a prominent role, routinely visiting Tamil homes to tell parents to provide a child for the “movement.” The LTTE harassed and threatened families that resisted, and children were abducted from their homes at night or while walking to school.
After Karuna broke away from the Tamil Tigers, his armed group operated with the complicity of the Sri Lankan security forces. The Karuna group, as it was known, engaged in abduction of children for use as soldiers in Sri Lanka’s eastern districts, taking boys from their homes, workplaces, temples, playgrounds, public roads, camps for the internally displaced, and even a wedding. These abuses are documented in the Human Rights Watch report “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group,” published in January 2007.
British law permits the prosecution of individuals for serious violations of international law, including torture and war crimes, committed abroad. For example, in 2005, UK courts convicted a former Afghan warlord, Faryadi Sarwar Zardad, for acts of torture and hostage-taking in Afghanistan.
“British prosecutors should look hard again at the evidence presented by the police before they let Karuna leave British soil,” Adams said. “If he does leave, the Sri Lankan government should be preparing to prosecute Karuna should he return to Sri Lanka. Its failure to do so would only highlight its complicity in his recent crimes.”
manob@hotmail.com – À francoeurope-srilanka@hotmail.fr
Hangman’s noose around the necks of the media personnel who expose Govt. corruption and malpractices
(Lanka-e-News, Oct. 13, 2010. According to information based on reliable sources, an environment is being created to subject selected media personnel and media Institutions to dire harassment and even murders who attach importance to exposure of corruption, malpractices and irregularities in the highest places in the Govt.
The Govt. which had achieved some success in its campaign to control and censor the media, is now planning to trap certain media personnel Institutions and personnel who are making exposures which are antagonistic to the Govt. with falsely implicating them in heinous crimes like possession of firearms, explosives, bombs etc which are non -bailable offences, whereby they can be held in custody for long periods or cause them to disappear or subject them to life long threats as was in the case of the Sunday leader Editor.
It is also learnt that this threat is directed even against those journalists who question the Govt. Ministers and MPs at media briefings with a view to humiliating or disgracing them. During the past media briefings of the Government, the State intelligence unit has videoed the proceedings with this end in view, it is reported.
Under the present regime, it is a well and widely known fact that many journalists have been murdered and gone missing. Prageeth Ekneliyagoda is one of them. The Govt. and the police have sadly failed to make any breakthrough in his case to the consternation of all concerned.
Because the ‘Lanka’ newspaper Editor published an article in it regarding the judiciary, he was charged for contempt of court. Later he was discharged by the Court with a warning.
Meanwhile, the Govt. during that period was also seeking to establish a competent authority to censor and control news of the free media.
Anoma apprehensive that Fonseka’s life in jail is at stake
(Lanka-e-News, Oct.16, 2010
Anoma Fonseka said, she is apprehensive that Sarath Fonseka’s life is at risk within the prison.
She added that like how a suspect is shot alleging that he tried to escape when he was being arrested, or he created trouble inside jail or he tried to wrest a gun; interested parties can dress the scene to look like one such episode in the case of Fonseka too.
Anoma expressed these grave fears when being interviewed by the ‘Irurasa’ newspaper.
It is common now in Sri Lanka to shoot an accused and say, he tried to escape; or, he created trouble in jail; or, he tried to wrest a gun. That is my favourite answer after killing. There are enough individuals who are laying in wait for such an opportunity. We, therefore, have to be prepared to face such situations. No one can argue that such incidents have not occurred. It is possible for people from outside being planted inside the jail for such purposes. Even outsiders may be sent inside the prison to spy on him. Such things are done not for the good of Fonseka. We are aware of all these dangers and threats. We will not stop our campaign at this, Anoma asserted.
Sri Lanka – International inquiry needed to address alleged war crimes –Amnesty International
(Lanka-e-News 14.Oct.2010
AI Index: PRE01/341/2010
Amnesty International has declined an invitation to appear before Sri Lanka’s Lessons Learnt and Reconciliation Commission (LLRC) and calls again for an international inquiry into the evidence of war crimes and other abuses during the civil war.
In a joint letter released today, Amnesty International, Human Rights Watch and the International Crisis Group announced that they would not appear before the Commission, saying it did not meet international standards for independent and impartial inquiries.
“Amnesty International would welcome the opportunity to appear before a credible commission of inquiry aimed at securing accountability and reconciliation in Sri Lanka”, said Madhu Malhotra, Amnesty International’s Deputy Director for the Asia-Pacific. “We believe effective domestic inquiries are essential to human rights protection and accountability. But the LLRC falls far short of what is required”.
Like its predecessors, the LLRC exists against a backdrop of continuing government failure to address accountability and continuing human rights abuses. Amnesty International documented Sri Lanka’s long history of impunity and the failed Presidential Commission of Inquiry in its 2009 report Twenty Years of Make-believe; Sri Lanka’s Commissions of Inquiry.
“The LLRC’s mandate, its composition, its procedures, and the human rights environment in which it is operating all conspire to make a safe and satisfactory outcome for victims of human rights violations and their families extremely unlikely”, said Madhu Malhotra. “Amnesty International is particularly concerned about the lack of any provisions for witness protection and the fact that former officials who have publicly defended the Sri Lankan government against allegations of war crimes serve on the commission”.
Amnesty International has received numerous credible reports from witnesses that both the government security forces and the Liberation Tigers of Tamil Eelam (LTTE) committed serious violations of international humanitarian and human rights law during the armed conflict, particularly in the final months of the war. Some of their testimony was included in Amnesty International’s 2009 briefing “Unlock the Camps; Safety and Dignity For The Displaced Now”. But the LLRC’s mandate does not require it to investigate these allegations, which include summary executions, torture, attacks on civilians and civilian objects, and other war crimes.
“The hundreds of civilians who sought to testify before the LLRC in Killinochchi in September did so without guarantees of protection or any real hope of justice. Their willingness to come forward shows the need of Sri Lanka’s war survivors for news about what happened to miss relatives and for justice”, said Madhu Malhotra. “If the Sri Lankan government is serious about accountability and reconciliation, it must be serious about truth and justice for these people. Any credible commission must be given adequate scope and resources to allow for individuals to receive a fair hearing and sufficient authority to ensure redress. It must also treat all witnesses in a safe and humane fashion.”
Amnesty International remains committed to contributing to any genuine effort in Sri Lanka to find a just way forward from the decades of civil war and human rights abuses.
Associated links:
Joint Letter to the Lessons Learnt and Reconciliation Commission
http://www.amnesty.org/en/library/info/ASA37/015/2010/en
‘Madam Janz’ gets protection from the Ministry’s security(MSD)
(Lanka-e-News, Oct.18, 2010
It is reported that Sunday leader Editor Fredrica Janz who is the chief witness in the ‘white flag’ case that is proceeding against General Sarath Fonseka in the Colombo High Court has been provided with security from the Ministry security division.
It is learnt that the security detail is headed by Security officer Ratnayake.
Sunday Leader Editorial Board decided one thing but did another during Presidential elections – Fredrica discloses
(Lanka-e-News 16.Oct.2010)
The Sunday Leader Editor Fredrica Janz giving evidence for the sixth day in connection with the ‘white flag’ case told Court that though it was the policy of the Editors’ Board to extend support to Sarath Fonseka at the last Presidential elections, the Sunday Leader newspaper gave wider coverage for Mahinda Rajapakse.
Janz who stated this in the course of cross-examination by the Senior lawyer for the defence, Nalin Laduwahetti, added that the article written based on the discussion with Fonseka, was challenged and a clarification thereof was necessitated.
When the defence Lawyer asked from her whether a request to make a publication in clarification was a normal practice, the witness replied, though a clarification was made, no corrections or retractions were made.
The judges’ panel comprised justices, Deepali Wijesundara (presiding judge), W T M B Waruwewa, and Zulfik Rasheen.
Sarath Fonseka stands charged in this case in an action filed by the Attorney General (AG) that by the statements allegedly made by Fonseka at the interview with the witness that he came to know that Defense Secretary gave orders to the 8th Commanding Brigadier Shavendra De Silva to kill the LTTE leaders who came forward with white flags at the final phase of the war, Fonseka has directly or indirectly attempted to incite communal hatred and provoke the feelings of animosity of the people against the Govt.
Answering further, the witness said, she placed her signature for the article after making corrections regarding the white flag case before it was given for print, and if there were any flaws detected the news page is recalled. But in this case, that necessity to recall did not arise.
The Editor told Court that the UNP gave Rs. 10 lakhs weekly for 11 weeks to the Leader newspaper. Malik Samaraweera and several others paid these monies to her, she stated. Though she wrote a letter to the paper on the instructions of the management, she, however, does not remember the contents of that letter, she explained.
Lawyer Ladduwahetti’s question: You are a lady who defends your own stance?
Witness : yes
Lawyer’s question : Your stance is to use the newspaper and attack anyone whose views which contradict yours?
Answer : No.
Lawyer : Ms. Janz , it is because you do not clearly listen to what is being told to you that you are hauled up here and standing in the witness box. I charge that you are changing your views from time to time to mislead this Court .
Witness : No.
The case was postponed to the following day.
The newspaper edition on which the white flag story appeared had been printed and distributed without the Editor’s approval –Leader Editor Fredrica says
(Lanka-e-News 14.Oct.2010 ) Sunday leader Editor Fredrica Janz giving evidence yesterday (13) for the 5th day in connection with the ‘white flag’ case said it is a rule that no newspaper shall be given for print without the signature being placed by the Editor approving the printing. But, due to some reason this controversial edition has gone for print without her signature and distributed.
Ms Janz who was answering questions during the cross-examination of her by the senior Defense lawyer Nalin Laduwahetti appearing for Fonseka said she does not accept the fact that because of her confused state the whole country has been plunged into confusion, neither the allegation by the defence that she sells her professional ethics for Rs. 10 lakhs weekly.
Because of the headline news in the Sunday leader newspaper of 13th December 2009, the Attorney General has filed an action against Fonseka under the emergency regulations and the penal code for directly or indirectly whipping up racial hatred and attempting to create a wrong impression in the minds of the people of SL against the Govt.
Janz under cross-examination by the Lawyer Laduwahetti said, she learnt that the General came to know about the white flag story through a third party (a journalist). Yet, in the outstation edition of the paper of the 13th Dec. 2009, the important paragraph in her article, that is, it was through a third party the General came to know had not been printed, but that important paragraph had been printed in the late city edition she pointed out.
The JVP’s allegation that I wrote this white flag story at the behest of somebody else to tarnish the image of Fonseka is something I cannot even think of because of the assassination of Lasantha, she added.
Lawyer for the defence: After Lasantha was murdered, you had no obstruction when receiving money from both parties?
Answer : I do not know about the business. We only received a subcontract to print the ‘ Mahinda chinthana’. The Editor’s Board had nothing to do with it.
The trial is continuing.
I forgot to ask Fonseka how he came by this ‘white flag’ story: Mahinda chinthana too was printed at the Sunday Leader-Press –Fredrica tells Court
(Lanka-e-News, Oct. 13, 2010, ) ‘The Sunday leader’ Editor Fredrica Janz giving evidence for the third day, yesterday (12) told Court that when Gen. Sarath Fonseka stated to her that Defense Secretary Gotabaya instructed Brigadier Shavendra De Silva who was in charge of the 58th command to shoot the LTTE leaders who were appearing with the white flag, she forgot to ask Fonseka as to how he got to know about this.
Ms. Janz related this when she was cross-examined by the Defense Lawyer, Nalin Laduwahetti. Under further examination, she told that she had never been a news Editor in her life. She also added that she had never any day heard owners or directors of the media Establishments participating in these interviews.
I know during the period of elections, our institution received monies from the UNP. Likewise, we received monies from Mahinda Rajapakse. The Mahinda Chinthana too was printed at our Press. We received payment for this. As the Govt. did not evince much interest towards apprehending the culprits in the murder of Lasantha Wickremetunge and the Govt. had filed legal actions against us, we thought of supporting Fonseka. It was not money alone which prompted us to support him. Yet our administrative authorities printed the Govt.’s policy statement for money. The Editors Board had nothing to do with that. But the Directors of the Press and the Editors Board are the same.
Because I thought that the first discussion with Fonseka is important, that I took part. Rakesh Wijewardena who recorded the answers of Fonseka following the questions was a trainee journalist. He questioned and recorded the answers. At that stage, I too asked questions. It was Rakmish who recorded them. Although this was an important interview, we did not tape-record the interview. When I was asking from Fonseka about the white flag incident, the photographer Tusitha Kumara and Rakmish who was recording the statements were not present there. The only person who was present was Chairman Lal Wickremetunge. Despite the interview being very important, the time consumed was that for just three pages writing only, Janz observed.
The trial is proceeding.
White flag case: Courts accept that ‘Sunday leader’ Editor’s notebook pages have been tampered with
(Lanka-e-News, Oct.12, 2010, ) The three-judge panel of the High Court accepted today (12) that the pages of the notebook of the Sunday leader Editor where the controversial story of the white flag purportedly told by General Sarath Fonseka was recorded have been changed. A number of pages in the book have been tampered with so much so that the colour and texture of the pages have been observed as differing from the rest.
The Defense Lawyer brought these differences in the pages in the book to the notice of the judges while also demonstrating the discrepancies in some of the pages.
The Sunday Leader Editor Fredrica Janz who was giving evidence for the fourth day also admitted that there were discrepancies in the pages of her notebook.
In a news report published in the Sunday leader of 13th December 2009, it was revealed that the former Army Commander Gen. Fonseka had purportedly related that during the final phase of the war when the LTTE leaders carrying white flags came to surrender, the Defense Secretary Gotabaya Rajapakse gave orders to the 58th Army Commander to kill all of them. The Attorney General has filed action against the former Army Commander on his alleged statement, and the trial, in this case, is being heard by a three-judge panel comprising Justice Upali Wijesundara, W T M G B Warawewa and S. Razeen.
The Sunday leader Editor who handed over her notebook to the Court at its request, told on the previous occasion in Court when the case was heard that, when she handed over the book to the court the book and the pages were intact, but later on they have been tampered with.
I have received an unconditional pardon from the court for contempt of court –Sunday leader Editor confesses -Fredrica gives answers in the white flag case
(Lanka-e-News, Oct.12, 2010,) Sunday Leader Editor, Fredrica Janz told Colombo High Court yesterday (11) that in relation to the white flag story which appeared in the Sunday leader of 13th December 2009 it was not she but another journalist who attended the press briefing of General Fonseka, and that the JVP thereafter continued to carry on a campaign against her.
The JVP had stated that she should beg and ask for pardon from Fonseka, whereupon UNP President Malik Samaraweera had requested the JVP to withdraw the campaign against her, the Editor further added, when she was cross-examined by Nalin Laduwahetty, the lawyer for the Defense. Continuing she told that she was guilty of the charge of contempt of court, and she had obtained an unconditional pardon from it.
When she was further examined by the lawyer for the defence, she stated that she has been released on bail in another case filed by defence Secretary Gotabaya Rajapakse for violating the undertaking given in court by the Sunday Leader newspaper that nothing derogatory will be written against him.
The Sunday leader Editor who gave evidence for the third day before the High court further admitted that Gotabaya Rajapakse and Thilanga Sumathipala have also filed actions in the Galkissa Court and the Appeal court respectively against her for false news reporting.
The trial was conducted before the High Court Bench comprising Judges Ms Deepali Wijesundara, W T M P B Warawewa and Sulfil Razeen.
‘If General is not released the masses will even break the wall of prison and free him’ -Black protest draws massive crowds
(Lanka-e-News, Oct.11, 2010, 10.05PM) The JVP leader Somawansa Amerasinghe addressing a massive crowd in front of the Welikade prison said, the services Gen. Sarath Fonseka rendered and the sacrifices he made for the country are immeasurable. The walls of the prison are not enough to contain his immeasurable stature or his yeoman services. He is taller than the prison walls, he pinpointed.
Somawansa stated the above fat the end of the Black protest March organized by the people for restoration of Democracy. This protest march commenced at 3.30 p.m. at Hyde Park and reached the vicinity of the Welikade prison where Gen. Fonseka is imprisoned, via Darley Road, Maradana and Borella.
This massive protest march was to register the protests against the sentencing of Gen. Fonseka, the former Army Commander to 2 ½ years in jail. They demanded the Govt. to release Fonseka. All participants in March wore black dresses. The large crowds comprised, apart from the DNA members and their supporters, the public, a large section of the Buddhist clergy, political leaders and opposition members. This protest was exceptional because all parties, religious and political leaders, and all sections of the public in large numbers took part in the protests and the march.
Somawansa speaking further warned that if the Govt. does not release Gen. Fonseka who has been imprisoned, the prison wall will be torn down, and the people will be made to release him.
Anoma Fonseka who also addressed the crowds said, it was her husband who had the strength to successfully unite all opposition political parties. In the struggle to get him released his strength is a source of inspiration, she added.
Wickremebahu Karunaratne, Dayasiri Jayasekera, Mano Ganeshan, Tilvin Silva and Siritunge Jayasooriya also addressed the crowds.
The lowliest person is in the highest position in SL –Iriyagolla’s daughter says at the protests staged in London
(Lanka-e-News, Oct.10, 2010, 11.05PM) Dr. Chandrika Iriyagolle,the daughter of the former education Minister of Sri Lanka Iriyagolla told, that the lowliest person in Sri Lanka is occupying the highest position in the country. She told this when she participated in a protest demonstration in London yesterday ((9) demanding the release of Fonseka and the strengthening of the Democratic Institutions in SL.
The hard core ruthless terrorist Karuna who gave orders to kill Sinhala, Muslim and the Tamil people has been brought to Parliament by this lawless and atrocious Govt., and made a Minister, whereas the army Commander who destroyed the terrorists ushered in peace for the country and who was elected by the people to Parliament has been jailed by this power greedy Govt. on false accusations, charges and legal manipulations. This Govt. should be thrown out lock stock and barrel, and the people and the Army should work towards installing a Govt. which respects Democracy and laws of the country, Dr..Iriyagolla pinpointed.
Over 300 protestors congregated in front of the Prime Minister’s office in London. The protest took the dimensions of a struggle with people from all races and religions participating.
UNP M P Dr. Jayalath Jayawardena who represented the opposition at Geneva also came to London to partake in the protest.
Dr Jayawardena told Lanka e news that he is engaged in a campaign apprising the International community of the Govt.’s lawless actions pursuing a political witch hunt against Fonseka, and his complaint to the Human rights Commission of the European Parliament was taken for trial. He is hoping to take up this matter and lodge complaints with the Amnesty Int. and the Rights Watch in the coming days, Dr Jayawardena observed.
The participation of ‘Karuna’ the wife of Upatissa Gamanayake who was killed during the 1988- 1989 period at the protest demonstration was something most striking.
JVP London Branch Secretary Dharshana Hettiarachi, Dr Jayalath Jayawardena and UNP youth front London Branch Secretary Namal Soysa who also joined in the protests addressed the protestors before they dispersed.
Pictures of the London protests are appended herein. They were provided by our London correspondent.
Unusual security back-up for IGP –
By a Special Correspondent
It is reliably learnt that never in the history of the police department has an IGP been given such a comprehensive security contingent as now. IGP Mahinda Balasuriya has beefed up his personal security cadre by as much as 180 police officers from the Special Task Force (STF) of the police department.
Apart from such a huge cadre of policemen, IGP Balasuriya has also no fewer than 19 vehicles to provide him security whenever he is on the move. A bulletproof vehicle is also included in the vehicle fleet.
In addition, it has been found that no other government VIP is entitled to such a huge security back-up. “Even powerful Ministers who have been classified as high risk do not have more than 50 security guards. Normally a Minister is given six security guards with a vehicle”, sources said.
A senior police officer said that not a single IGP who held the post during the height of the war was provided with such a formidable security blanket, and added he was at a loss to understand as to what has made the current IGP an exception to merit such treatment especially since the war was over.
China has been supplying arms to South Asian terrorist groups through Sri Lanka for years.
Karadiyanaru explosion (part 2): China has been supplying arms to South Asian terrorist groups through Sri Lanka for years
Chinese authorities have been involved in supplying arms and grenades to various terrorist groups in South Asia for years through Sri Lanka and Bangladesh, the LankaNewsWeb can exclusively reveal.
The plot also involves Pakistan, China’s strategic partner against Indian dominance, and both countries have been using many terrorist groups to curb India’s influence in the region.
The LNW can exclusively report that Sri Lanka, the so-called friend and business partner of India, has also been involved in helping these
anti-Indian terrorist groups –by helping China and Pakistan to use Sri Lanka as a transit point- since Mahinda Rajapaksa became the president in 2005.
The LNW reliably learns that the Sri Lanka navy has confiscated a Panamian-registered vessel, MV MOL Admiration, which was carrying suspected military cargo from Karachi in Pakistan to Chittagong Port in Bangladesh on August 22, 2007.
Following a tip-off that the consignment may be meant for the LTTE, the Sri Lanka navy boarded the ship when it anchored at Colombo port.
The ship’s manifesto listed the consignment as “steel helmets, bulletproof jackets and DMS boots”. The ship did not have any documentation showing the end-users.
Further questioning revealed that the consignment was from Pakistan Ordinance Factory (POF) at Wah, and it was meant for the Bangladesh army.
However, Bangladeshi authorities denied that there was any such order from their side fro procurement from the PoF.
The matter reached the highest levels in all the three countries; Pakistan, Sri Lanka and Bangladesh, and Sri Lanka refused to release the consignment without end-user confirmation from Dhaka.
While Bangladesh army initially refused to give any such confirmation, the Pakistan army mounted pressure on the then Interim government led by Gen. Moeen to issue such a certificate.
Bangladesh finally relented and issued the necessary certification. The consignment was then released and was picked up by a Chinese ship for an undisclosed location.
Sri Lankan naval authorities who checked the containers revealed that they contained explosives and hand grenades of `ARGES 84’ type.
The explosive material was Penta Erythritol Tetra Nitrate (PETN). A Bangladeshi court in Chittagong is currently holding a trial of the notorious 10-truck load arms haul case.
Police seized 10 truckloads of weapons and ammunition from the CUFL Jetty in Chittagong on April 1, 2004, sparking speculation that the cache was destined for the Indian insurgent group, the `United Liberation Front of Assam’ (ULFA).
While the then Bangladeshi government tried to cover up the case, the Interim government that succeeded launched a fresh investigation which revealed that the consignment came from China’s state-owned ordnance factory, Norinco.
Reporting these disclosures, Bangladesh’s respected daily, “Pratham Alo”, stated on Sept. 26 that its efforts to contact the Chinese Embassy in Dhaka failed to evoke any response.
Investigations have also exposed the involvement of several BNP (Bangladesh National Party) leaders and former Ministers such as Lutfuzaman Babar, former State Minister for Home, Omar Faruque, former Home Secretary, besides senior officials of the Intelligence agencies.
It was also reported that the ULFA Chief Paresh Barua and the then Pakistan High Commissioner were also present in Chittagong for preparatory meetings to receive the arms shipment.
The climate of impunity in using ports for illegal transhipments by China and Pakistan is seen
to be more dangerous when considered the prospect when Chinese have ‘de jure’ control of the ports in Sri Lanka and Bangladesh.
Security experts say that if Sri Lanka and Bangladesh authorities continue helping their Chinese business partners merely for commissions on business deals, there would be very dangerous security ramifications for other countries in the region.
Courtesy Of LankaNewsWeb
http://lankanewsweb.com/news/EN_2010_10_05_007.html
Bye-Bye Democracy
Rajapakse, making a National Intelligence Service in Sri Lanka as well as camps of Sri Lankan Army (SLA) and Special task force(STF) in every district is the end of Democracy in Sri Lanka.
The Ministry for State Security, (German: Ministerium für Staatssicherheit, commonly known as the Stasi (IPA: [ˈʃtaziː]) (abbreviation German: Staatssicherheit, literally State Security), was the official state security service of East Germany. We now know how your neighbour spied on you for special Favours .
The KGB (КГБ) is the common abbreviation for the Russian: Комитет государственной безопасности (help·info) (Komitet gosudarstvennoy bezopasnosti or Committee for State Security). It was the national security agency of the Soviet Union from 1954 until 1991, and its premier internal security, intelligence, and secret police organization during that time. KGB had done many wrong things to millions of people in the former soviet union.
New National Intelligence Service in Sri Lanka
Tuesday, 12 October 2010 – 1:46 AM SL Time
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The government has decided to setup a new National Intelligence Service through a new act of parliament.
It is to be established with basic civil features and like in other countries.
Informed government sources said that this service would be established under the Ministry of Defence on an urgent basis and the government expects to submit the draft bill soon.
President Mahinda Rajapaksa in his capacity as the Defence Minister has already submitted the cabinet paper in this regard.
The new intelligence service would comprise internal and external sections under the direct administration and supervision of the defence ministry.
Government sources said that the new Intelligence Service is to be set up, taking into consideration the necessity to safeguard the peace and stability in the country through an efficient national security system.
From Mano Banduwardena
Release General and sentence hundred Bhikkus including him to rigorous imprisonment for life says Ven. Maduluwawe Sobitha Thero
Sunday, 03 October 2010 15:13
Incumbant of Kotte Nagaviharaya Ven. Maduluwawe Sobitha Thero has requested the President to release Gen. Sarath Fonseka and in place of him imprison hundred Bhikkus including him. Ven. Sobitha Thero said this at a press conference held by the ‘National Bhikku Front’ in Colombo today.
Speaking further Ven. Sobitha said, “Sarath Fonseka is a fearless commander, a hero. A person who has not committed any wrong would never ask for pardon. We know that even if he dies in the prison having his meals from a tin plate he would never ask for pardon. Even we would not ask for pardon in such circumstances.
Hence, we, as the Maha Sangha, make an affectionate request from the President. Release the Great War hero who brought a great victory to the Motherland. Instead, sentence hundred Bhikkus including me to rigorous imprisonment for life. We are ready for such a sentence.”
General will never apologize; it is the president who should apologize – ‘War heroes for General’
Sunday, 03 October 2010 14:53
It is not Gen. Sarath Fonseka who should ask for pardon but the President who imprisoned him says organizer of ‘War heroes for General.’ Retired Capt. Gayan Vithanage speaking at a press conference held by the organization today. He said the General has not done any wrong to take pardon from anybody.
Speaking further Capt. Gayan Vithanage said, “What is the wrong Gen. Sarath Fonseka committed for him to take pardon from the President? All what we know is that he eradicated terrorism that waged a war for30 years against the people of Sri Lanka and after retiring from the Army service he entered politics. Hence, it is the President who should apologize for taking revenge and imprisoning the war hero who ended the thirty year old war. As soldiers we know Gen. Fonseka would never apologize for a wrong he had not committed.
The world’s best Army Commander has been imprisoned for contesting an election against the President. Contesting an electron is not an offence. It is a democratic right everyone has. Gen. Sarath Fosneka entered politics and contested the election in a very democratic manner. He entered politics against the corrupt family regime and for the benefit of the masses but not to earn for his children or to buy lands. We know that even today his family does not have a permanent house to live. They live in a rented out house.
Today at every junction, from boutique to boutique people talk of the injustice meted out to Gen. Fonseka. We warn the government that they would be able to experience the people’s power that would rally against this injustice. We call upon all retired members of the Army and their family members to join us to get Gen. Sarath Fonseka released. Our organization, without any political bias, would take all measures that could be taken to get Gen, Sarath Fonseka released.”
All those who would like to know the future programmes of the ‘War heroes for General’ could do so by dialing 0113136551.
Rfetirfed Army men Maj. Lal Fernando, Maj. Sarath Siriwardene, Capt. Raju wijayamuni and Sgt. Sunil Seneviratne too addressed the media.
Here is good article showing the importance of a politically neutral bureaucracy for Good Governance. Sri Lanka doesn’t have it any more. We continue to ignore the importance of this, since we have been brainwashed over the years to accept the political influence on administration as a normalcy. Of course Rajapakse didn’t create it but his predecessors , but we see today that it has worsened under Rajapakse . However what is more frightening is, Rajapakse agenda to have Army and STF camps in each District. We have created a Monster which is going to suppress Democracy in our country Militarily . What a shame !
http://www.srilankaguardian.org/2010/10/what-happened-to-good-governance.html
What happened to good governance?
Posted by Sri Lanka Guardian Business , R .M.B Senanayake 5:07:00 AM
In our traditional history to which nationalists want to take us back to, there was no bureaucracy but only a feudal patronage system of state minions under the control of the nilames- a system of farming out power and administration.
by R.M.B Senanayake
(October 10, Colombo , Sri Lanka Guardian) Administrative agencies determine who gets what from government—and how well government works. Obviously what is required is good governance and not bad governance. We have no difficulty in identifying good from bad governance. If one goes to any government department today, one sees bad governance and if there is to be development we must change this situation. How we do it is a professional issue best tackled by practitioners of public administration who also understand the theory of public administration.
It is possible to view Public Administration purely from a management point of view as a process to obtain results from the activities that the government institution is engaged in. The theory of Public Administration includes such canons as the principle of hierarchy, unity of command, specialization of functions, co-ordination and leadership in management. All these have now disappeared. Administrative leadership has been replaced by our traditional systems of intrigue, back- biting and sowing discord in organizations.
When I was the Director of Combined Services I received a call from the Minister Felix Dias Bndaranaike to see him immediately. As I went into his room I heard my name being mentioned by Vivienne Gunawardene and she was engaged in a tirade against me. I heard part of what she was saying and it was the charge that I was harassing the Leftist trade unions. As I walked in the Minister introduced me to Mrs. Gunawardene and asked her to repeat the charges. She went completely mum and shortly afterwards left with the minister grinning. The minister’s conduct is according to the best canons of public administration apart from it being gentlemanly behavior. But such conduct is alien to our traditions and ancient habits and practices are being revived.
In our traditional history to which nationalists want to take us back to, there was no bureaucracy but only a feudal patronage system of state minions under the control of the nilames- a system of farming out power and administration.
Need for a politically neutral bureaucracy for a multi-party democracy
The Chinese first organized a bureaucracy which the Romans emulated and built up the massive Roman Empire . But it is the British who proved the value of a bureaucracy which was the instrument through which they controlled the far flung British Empire . After Independence the Indian leaders realized the importance of a national bureaucracy to hold the country together. So the Indian political leaders allowed the bureaucracy to function with relative independence.
Indian leaders saw to it that with the continuation of English as the medium of instruction and its use in administration the newer generations would imbibe the ideas of modern democracy and liberal values. They made no move to replace them with traditional Hindu cultural values and transmit Hindu religious nationalism. So Indian democracy has survived and liberal values are taking root in India .
India has not regressed to its caste ridden religious fundamentalist widow burning past. Not so Sri Lanka where the Buddhist clergy steeped only in traditional culture asserted themselves and launched into the political scene. SWRD won in 1956 on a totally new ethno-religious nationalism. The newer type of Members of Parliament had no understanding of the norms of democracy or their role as Members of the Legislature. They had never heard of Edmund Burke and his definition of the role of a MP or of the division of power between the Executive and the Legislature. They considered themselves the new kings of their electorates. One MP from Colombo , as an exercise of his power, demanded entry to the Operating Theatre of the General Hospital . The surgeon had to hand over the scalpel to him and leave before he got any sense into his head.
But in the districts they could freely exercise their power in the name of the people. The bureaucracy was drawn from the urban middle class and they were rather remote from the rural people. The top officials were from the elite in society. The MP saw an opportunity to exercise power by articulating the demands of his people. The demands of the people were for land and water ( dry zone) in particular. Their demands were urgent and persistent and could not be resolved by the District Administration given the constraints of resources and time involved in following orderly procedures required for good administration.
When delays took place the people went to their MP who was ever willing to intervene on their behalf. This situation soon led to the MP directly intervening in the district administration to obtain favors for their supporters. Those who voted for the Opposition were left in the cold. The MPs became the effective rulers of the countryside. But they are not disinterested parties who act only in the public interest. The Public Choice Theorists have shown that politicians and public administrators act in the interests of the people only where their personal and political interests converge with those of the people they represent.
Soon the new ‘Nilames’ in charge of the countryside created chaos in the District Administration. Such canons of public administration theory like the need to observe the hierarchical principle and unity of command were neither understood nor appreciated by them. Public administration degenerated and with it democracy and the village economy suffered. All illegal encroachments on state lands were regularized and the respect for the law that had been inculcated in the people by the British was undermined.
The irrigation based farming economy in the Dry Zone has suffered the most from this takeover of power by the local MP. The maintenance of the tanks is neglected and orderly water rationing for irrigation has been disrupted with the vast amount of illegal encroachments on tank bund reservations. Tanks are not filling but getting silted without proper maintenance. Insecticides used in illicit cultivations in the upper reaches of the tanks are flowing into them, polluting the water and killing the inland fishing industry.
It is not in the interests of these MPs to check such practices for they have to ensure their re-election through pandering to the wishes of the voters. A similar situation was repeated at the Center where Ministers obliterated the distinction between the functions of the political Executive and the permanent bureaucracy. According to the Financial Regulations financial transactions such as tenders are entirely within the preserve of the officials and the Secretary to the Ministry is the Chief Accounting Officer. But what if the Secretary surrenders this function directly or indirectly, overtly or covertly to his minister? I was an Assistant Secretary in the Ministry of Food under the late K. Alvapillai. One day he called me and gave me a file which he wanted me to show Minister J.R Jayawardene and bring it back to him. I read the minute addressed to the minister who had called for the Pakistan Rice Purchase file. After giving reference to the tenders the Secretary ended by saying that under the Financial Regulations tenders was entirely a matter for the Secretary.
When I presented the file to the minister he read the minute and told me that he wanted to retain the file. This boundary between the bureaucracy and the political Executive exists no more. Overtly or covertly, directly or indirectly ministers today decide on tenders and other financial matters. But the nominal responsibility of the Secretary as Chief Accounting Officer is still there in the Financial Regulations. So the ministers exercise power without responsibility with no accountability for any irregularities which may arise in financial matters. The stage has been set for crony capitalists – businessmen cultivating politicians to get concessions and monetary benefits from state contracts.
The United Front Government of the 1970s realized that the State machinery was no longer working. They sought to replace it with their own Leftist party based organizations and thereby to surreptitiously set up a one party state from within. They set up Janatha Committees which added to the confusion. The SLFP tried to regularize the assumption of power by the elected MPs through the District Political Authority.
UNP fails to restore a politically neutral bureaucracy
The UNP came back to power in 1977. President J. R Jayawardene was a great leader who understood economic development. But he had no faith in democracy and was more enamored of Lee Kwan Yew’s methods of strong government. He was also impatient with the bureaucracy and wanted to exercise his will despite the consequences. He ordered the IGP to promote a police officer whose record was so bad that he should have been sacked. When the IGP, a conscientious officer well known for his integrity, refused to comply he was forced to resign. Where oh where are such officers today? What foul fate has befallen our country?
President J.R. Jayewardene did nothing to ensure the protection of the public servants from the depredations of politicians. He failed to reverse the subordinate role given to the Public Service Commission by the United Front Constitution. Without such protection public officials gave up their independence thought and professional judgment and became a breed of sycophants.
Rajapakse showing his dictatorship that people of Sri Lanka do not have their Democratic rights to individual political preference any more. According to his vision any minister’s extended family should show nothing but allegiance to him only. This was the same thing that happened during Nazi Germany under Hitler .
Those who stabbed me behind my back are also in the Cabinet –President
(Lanka-e-News, Oct.09, 2010, 11.40PM) In this Cabinet there are many who have stabbed me in the back. If I wished I could have avoided giving them portfolios. There is a Minister in the Cabinet whose sister broke coconuts with Anoma Fonseka. I have with me a photograph of that event.
The President was in a fit of fury when he made these announcements at the Cabinet meeting last Wednesday.
The President who had signed the ratification for the verdict of the second military court as the Commander in chief of the Forces was in an explosive mood when the issue of Fonseka was opened for discussion when that was not a subject matter at the Cabinet meeting.
When a Minister was speaking about the pardon in regard to Fonseka, Minister Felix Perera had stated, during the period when JR Jayawardena was the President, Chandrika spoke to Jayawardena on behalf of her husband Vijaya Kumaratunge who was imprisoned on ‘Naxalite’ charges, and obtained a pardon.
Plese share this article with those Sri Lankans who had become zombies to the fact that eradication of Terrorism is followed by brazen slaughter of Democracy in Sri Lanka today , yet they continue to show their deplorable apathy to the travesty of Justice. This is an educational article for them to wake up being oblivious for so long . Please read it to the very end.
Defence Sec Gotabaya Rajapakse should also be charged under the same offence?
NPA Guidelines were never adhered to by the Defence SecretaryPosted by Sri Lanka Guardian Breakingnews, feature, Open letters 7:48:00 PM
“The verdict of the second Court Martial delivered by the three Junior Major Generals with many charges against them in their military life is a travesty of justice as the NPA Guidelines has no statutory (legal) standing, as the NPA has been establish under Presidential Directive without the approval of the Parliament. This unjust verdict will bring severe repercussions and ill feelings among the three Armed Forces and also among the general public within Sri Lanka as well as among the International community, if you approve the verdict to send General Fonseka to Jail.”
by S.Upasiri de Silva
EXCLUSIVE TO SRI LANKA GUARDIAN
(October 02, Colombo, Sri Lanka Guardian) Sri Lanka Guardian had exclusively received a letter S.Upasiri de Silva, JP, Dip.St.Eng (CTC), Dip.QS.(Lond),P.Grad.Dip.Ed,(UTS),M.Proj.Mgt (UNSW), PhD, FRICS, MCIArb, MICostEng, MIPM. Chartered QS, Chartered Project Manger & Procurement Consultant regarding the second court martial verdict.
De Silva gives our readers more insight on the perverted justice that President and court marshal officials delivered last week.
To some up his thesis, “If General Sarath Fonseka is guilty of corruption or fraud or Conflict of Interest then the same charges can be brought against the Lanka Logistics and the Commanders of the other TWO armed forces Navy and the Air Force, for procurement of all other arms under violation of the same guidelines.”
“The question arises here is weather General Fonseka had known that he committed a Conflict of Interest as due to the URGENCY in managing a very dangerous WAR with the LTTE I doubt, he had even read the papers submitted to him. If he created a “conflict of Interest” in this tender then under section 2.2.1 of Chapter 2 the Secretary of the Ministry of Defence Gotabaya Rajapakse should also be charged under the same offence, as he knew the son-in-law of General Fonseka (he attended Apsara’s wedding) well as the responsibility of the Procurement action is vested on him as the Secretary of the Ministry.”
Full text below;
THIS LETTER WAS FAXED TO H.E. THE PRESIDENT AND THE PRESIDENTIAL SECREATRY MR. LALITH WEERATUNGA ON 21ST SEPTEMBER 2010.
Open letter to H.E. the President Mahinda Rajapakse, Commander – in- Chief of the Armed Forces.
The Verdict of the Second Court Martial & the defective NPA Guidelines.
H.E. Mahinda Rajapakse,
President of the Republic of Sri Lanka & the Commander –in-Chief of the Armed Forces.
Presidential Secretariat,
COLOMBO.
You’re Excellency,
Please allow me to bring to your kind notice, even though I am a Sri Lankan born Australian citizen, the following facts for your urgent consideration, before you approve or disapprove the decision of the verdict of the 2nd MC sealing the fate of General Sarath Fonseka.
I am writing this ‘open’ letter to you on my own initiative as a well experienced Contracts and Procurement Professional with a wide knowledge in the application of the NPA Guidelines and its failures to obtain a fair and reasonable decision due to ambiguities and discrepancies the guidelines has created. I used these guidelines as the Consultant for SEC to procure multi billion rupee projects for the GOSL. In one project the GOSL procured, due to these ambiguities and discrepancies, the government lost around Rs. 500 million, as the Chairman of the Tender Board and the Consultants assigned for the project couldn’t overturn the Technical Evaluation Committee (TEC) decision.
In addition to serving for the Sri Lankan government as a Senior Project Management Consultant I served in many countries in very senior positions dealing in Contracts and Procurements and for the UN-HABITAT and the CFTC- Commonwealth Secretariat, LONDON as a Construction Expert.
The verdict of the second Court Martial delivered by the three Junior Major Generals with many charges against them in their military life is a travesty of justice as the NPA Guidelines has no statutory (legal) standing, as the NPA has been establish under Presidential Directive without the approval of the Parliament. This unjust verdict will bring severe repercussions and ill feelings among the three Armed Forces and also among the general public within Sri Lanka as well as among the International community, if you approve the verdict to send General Fonseka to Jail. If you endorse the verdict as delivered by these three officers, when there are no established penalties for such offences, it may clearly indicate that you have failed to take adequate steps to scrutinise the verdict before dispensing natural justice under the Army Act which you used to prosecute him. General Fonseka may have uttered very disrespectful words during the election but as a “War Hero” and the best “Army Commander in the world” proclaimed by yourself, you should not allow any of these to tarnish your good image. As the Head of the State as well as the Commander –in Chief you are aware that Army Act clearly states that Junior Officers should not sit on judgement on Senior Officers.
You as an elder statement and the President of the country have embraced many others who used very derogatory words about you during the 2005 election, and appointed them as Ministers of your government.
Since 2005 April till 2007, I worked for your government as a Volunteer Consultant (Construction & Procurement) and also helped the 2005 Tsunami reconstruction programme [specially in the Hambantota District] and worked during the 2005 your election campaign. Also I helped in the construction work of Carlton in Tangalle and the Vijayaba Maha Vidyalaya, Tangalle in addition to other works such as planning and setting up the Ranawiru housing programme at Ippologama you initiated on behalf of the Ministry of Defence. In November 2009, I was in Sri Lanka to give a helping hand to Attorney General Mohan Peiris PC.
If you allow the judiciary (military or civil) to deviate from the normal justice system delivering proper judgements (natural justice) your name will go down in the anal of Sri Lankan History as a Dictator. As such I am writing this open letter to you without any prejudice or any malice to highlight the discrepancies of the second judgement expecting that you will dispense natural Justice to General Fonseka and set aside the findings of the CM..
NPA Guidelines
You’re Excellency; on January 27, 2006, gave the approval to the 2nd NPA Guidelines. As stated in the preface that the NPA was established by a Presidential Directive, it has no legal powers to prosecute any one who misuse the guidelines even under a court of law or under a MC. But while approving the National Procurement Agency Guidelines you requested the all uses to follow your instructions by these simple words to achieve a fair procurement system only.
“To achieve the desired results it is imperative to ensure speed, transparency and integrity in all the development spheres and in regard to which the procurement functions of goods, works and services plays a critical role”.
But the NPA and the guidelines they prepared failed to meet the above requirements as expressed by you. The National Procurement Authority was closed down after the writer highlighted the ambiguities and discrepancies in the NPA Guidelines by his article title: “National Procurement Agency Guidelines need urgent revision to remove the ambiguities (et. al) October21st-2007, Financial Times of the Sunday Times” But the GOSL failed to order a revision of the NPA Guidelines to correct the ambiguities and discrepancies pointed out in my article allowing these guidelines to corrupt the procurement system..
This was what the World Bank (World Bank funded the establishment of the NPA in 2004) stated in their “Sri Lanka Country Procurement Assessment Report”. “Guidelines should be revised to remove ambiguities and inconsistencies”.
After this report was published by the World Bank (NPA kept this under wrap) NPA commenced formulating the “second set of guidelines” now in use. You’re Excellency approved that as presented to you. The second set of guidelines now in use created more ambiguities and inconsistencies than the first set of guidelines.
As the NPA included the God given powers on the NPA top management to select the members of the TEC and the CATB, most departmental heads (like General Fonseka) never had a chance to appoint suitable and well experienced honest officers to the TEC or the CATB. NPA officials always beat the wrong drum all alone and the then Chairman Mr. Daya Liyanage was under the impression that they are doing a marvellous job, not knowing that they were taking the country and the government for a ride. Most government official who were very friendly with the NPA top guys, always got selected as TEC and CATB members (it was an additional income for them in addition to getting underhand money from people who tendered for jobs) These TEC members and the CATB members including the Consultants the NPA selected praised the NPA Guidelines as there was none to challenge them. Unfortunately for them I emerge from nowhere and challenged them.
Please allow me to bring to your kind notice some of the ambiguities in these guidelines for you to understand that you should set aside this MC findings.
As the national Procurement Agency is not an established Agency under regulations approved by the Parliamentary Legislation, but only a body created under a Presidential directive in 2004, it has no legal powers to take any action in a court of Law. The charges against General Fonseka for “Conflict of Interest” under these NPA Guidelines is not a punishable offence under the Sri Lankan legal system or under the Army Act 1949, as the Army Act is regulated under the Sri Lankan Legal System. NPA Guidelines have no mention of military procurement as such; Army Act cannot be applicable for any offences committed using these guidelines.
Conflict of Interest.
3. Officials shall declare that they shall remain without a conflict of interest throughout the process. Should such a compromising situation arise; the official shall declare his/her interest and disassociate himself/herself from the process.
The question arises here is weather General Fonseka had known that he committed a Conflict of Interest as due to the URGENCY in managing a very dangerous WAR with the LTTE I doubt, he had even read the papers submitted to him. If he created a “conflict of Interest” in this tender then under section 2.2.1 of Chapter 2 the Secretary of the Ministry of Defence Gotabaya Rajapakse should also be charged under the same offence, as he knew the son-in-law of General Fonseka (he attended Apsara’s wedding) well as the responsibility of the Procurement action is vested on him as the Secretary of the Ministry..
In a procurement process, the Chairman of the Tender Board will ONLY meet the TEC and the CATB at the beginning and the conclusion of the tender, and the CATB will always approve the findings of the TEC (Technical Evaluation committee) the mighty powerful committee under these guidelines.
According to the analysis produced in the Sunday Times by one of its reporters, the TEC has taken a decision well before the Chairman of the Tender Board ever set his eyes on this Tender. [According to Sunday Times the Chairman of the Tender Board was Major General Mahes Senanayake and not General Fonseka]. This may be a reason why General Fonseka never declared a “Conflict of Interest” as he never functioned as the Chairman of the Tender Board.
In purchases like this, which comes under Section 2.7.3 (g) security consideration to obtain the best equipments for the Army to fight the LTTE terror, the TEC should have adopted the best possible steps to eliminate the unsuccessful tenderers according to my personal opinion.
Using the powers vested on the TEC under section 2.8, even the TEC have taken WRONG decisions the Chairman of the Tender Board or the Consultants have no powers to reject the TEC decision as they are appointed on the recommendation of the line Ministry by the NPA.
Unfortunately these NPA guidelines never even wrote a single line to explain how to procure Military Equipments at the height of this war in 2003/ 2005/2006. This omission shows how these pundits created such a vast lot of ambiguities and inconsistencies in these guidelines.
CHAPTER 2
INSTITUIONS, PROCUREMENT COMMITTEES AND THEIR FUNCTIONS
Section 2.2 – Secretaries to the Line Ministries
2.2.1 The responsibility of Procurement Action shall be vested with the Secretaries of the respective Line Ministries, who are DEEMED TO BE THE Chief Accounting Officers of such Ministries.
The secretary of the Line Ministry i.e. The Ministry of Defence Mr. Gotabaya Rajapakse , as the Chief Accounting Officer is responsible for any procurements in any branch of the Defence services. So why Gotabaya Rajapakse, Secretary of the Ministry of Defence who appointed the TEC and the CATB and was responsible for the procurement process as the Chief Accounting Officer never took the full responsibility for these procurements? WHY?
Powers vested on Committees
Section 2.3.2 of Chapter 2 of the Guidelines state that Officer –in -Charge of Procurement Action such as Heads of Departments (Army Commander is under this category) and Project Directors, together with the assistance of the Procurement Specialist, Consultants and other staff shall be responsible for Procurement of Goods, preparation of invitation for pre-qualification and it is submission to the TEC for review and approval.
[Director Plans at Army Headquarters who acted as the Chairman of the Tender Board is in accordance with this clause]
Section 2.7 – Composition of Procurement Committees (PC) and Cabinet Appointed Procurement Committee (CAPC) – Under delegated authority by the Cabinet of Ministers, the NPA (Now the Treasury Finance division) shall appoint CAPC to undertake high value procurements.
Section 2.7.2 – (a) In extraordinary situations, a Ministry may submit a Cabinet memorandum specifying the special circumstances, which requires a deviation from the general procurement proceedings in order to meet such situations, and shall seek Cabinet approval to appoint a SACP including the limits of procurements. [All Defence procurements came under SACP]
Section 2.7.2 (b) –The TEC for such SCAPC shall be appointed by the NPA (now Treasury Finance division))
Section 2.7.3 – SCAPC may justified where: it covers 8 divisions and the most important ones are (a),(b) and (g) security consideration warrants it.
Section 2.8 – composition of the Technical Evaluation Committees (TEC).
Section 2.8.1 (a) – There shall be a TEC’s for all procurements ………………
Section2.8.1 (b) – TEC’s should consists of subject specialist/s and at least one member who is sufficiently knowledgeable on procurement procedures.
Section2.8.1 ( c)- A TEC where necessary may obtain expert advice from external members…………………..
Section 2.8.1 (d)- A TEC may also obtain assistance for drafting bidding documents and evaluation of Bills from EXTERNAL Consultants who shall be guided and directed by the TEC.
[This is the most controversial, section of these guidelines. A Consultant who handles the Documentation and other aspects of the Procurement Process and paid a hefty fee for the service is now place under the TEC members who has very little knowledge about procurement of major projects and get paid Rs. 3,500/= for the work]
A very good example of how these ambiguities and inconsistencies were well demonstrated was when the NPA appointed the TEC for the Procurement of the Rs. 4 billion Customs Building in Colombo Fort, the largest Construction procurement process ever handled by the GOSL.TEC consist an Engineer (Deputy Director) from the Building Department, another Engineer (Director) from the ICTAD and another Architect (Asst Director) from the UDA. Other two were Customs Directors.
I prepared the Bidding Documents for this project and the TEC changed one of the pre-qualification conditions that I included. Due to that changed we were left with TWO Contractors for to BID for the largest construction project ever undertaken in Sri Lanka. Normally in western countries at least EIGHT (8) Major contractors will be short listed for such a big contract. I discuss this with the Director General of customs and wrote to him but he didn’t want to go against the TEC as it was appointed by the NPA. This happened as the Section 2.8.1 (d) has empowered the TEC to override the PC and the Consultants. The government of Sri Lanka (Customs Department) may have lost a very good opportunity to have a very healthy competitive bidding process and to save at least (in my opinion) Rs. 500 million from that contract. If we follow this 2nd CM verdict then we must prosecute the (former) Director General of the Customs for this lapse of the TEC as he was the Chairman of the TB? So the NPA failed to appoint a subject specialist under Section 2.8.1(b) and the whole process failed.
LANKA LOGISTICS
I hope this may help you’re Excellency to understand that all procurements carried out by the Ministry of Defence were flawed as The NPA Guidelines were never adhered to by the Defence Secretary, the Chairman of the Lanka Logistics or General Manager of the Lanka Logistic or the Legal advisers or the procurement specialists, may be due to the ambiguities surrounding these guidelines as well as of the legal status of the Agency.
If General Sarath Fonseka is guilty of corruption or fraud or Conflict of Interest then the same charges can be brought against the Lanka Logistics and the Commanders of the other TWO armed forces Navy and the Air Force, for procurement of all other arms under violation of the same guidelines. I am not including the Police Force as it can be covered under the same rules.
Procurement according to the NPA guidelines is a very long process. To procure any article or goods or equipments costing more than Rs. 3 billion, the Procurement Committees should allow more than 225 weeks. i.e. over 4 years. If one follows these guidelines then the purchase of Arms including fighter Jets MIG 27 and Ariel bombs for the Air Force, 32 mm Cannons, Fast Track Boats for the Navy, Ground Tanks and Rapid Fire Guns for the Army has violated the NPA guidelines and every one who sat in those Cabinet Approved Procurement Committees (CAPC), Standing Cabinet approved Procurement Committee (SCAPC) ,Ministry Procurement Committees (MPC) and Technical Evaluation Committees (TEC) should be charged for corruption or CM for fraud by violation or corruption. But, as these guidelines have no legal binding, we can simply say that it has no teeth to bite as such it is a waste of time to prosecute them.
Finally, please allow me to remind you’re Excellency, how a person discharged from the Army and confisticate his pension by the 1st CM can be punished again for crimes (he never) committed as the Commander of the Army. He is no more the Commander of the Army, who was responsible for these procurements when this verdict was delivered. Please consider these facts as this may become a double victimization of a person against the natural justice.
Yours Truly,
Sellakapu.S.Upasiri de Silva, JP,
Dip.St.Eng (CTC), Dip.QS.(Lond),P.Grad.Dip.Ed,(UTS),M.Proj.Mgt (UNSW), PhD, FRICS, MCIArb, MICostEng, MIPM;
Chartered QS, Chartered Project Manger & Procurement Consultant.
Sydney, Australia.
Envoyé : jeu. 30/09/10 18:48
From: maghasdissa@hotmail.com
Subject: FW: Gen. Sarath Fonseka
Date: Thu, 30 Sep 2010 13:56:17 -0400 ( francoeurope-srilanka@hotmail.fr )
FW: Gen. Sarath Fonseka, (A lion caged by hyenas )
It is a sad day and a black mark in the entire history of Sri Lanka.
President Mahinda Rajapakse upon his return from a failed multi million dollar visit to UN Summit in US , had shown to the entire world that the majority of Sri Lankans who are called Sinhalese are not a hybrid of a woman and a lion as the Mytho-Historical epic Mahavamsa exaggerated, but a crappy third grade mishap in a bush in ancient India where a great civilization Mohenjo-daro, now being slowly unscrambled and unearthed by historians, archeologist and anthropologist from all over the world since the last century.
What is so degrading is, not that the modern day Sinhalese can’t accept the fact that this hybrid crap of Mahavamsa couldn’t have ever occurred according to modern science, but Rajapakse’s undemocratic act giving a new interpretation, , that Sinhalese are a product of a Hyena who already had being carrying some Donkey genes with a frustrated homosapien female in the wilderness of ancient India contrary to the common belief . (I have to give credit to a fellow Anandian and a class mate of mine who is a Scientist living in USA for reminding me not too long ago that a donkey gene is also imperative to make a Sinhalese of Rajapakse Caliber and his followers )
However , there is a lionhearted man among the Sinhalese who wanted to give the true meaning of being one of those Sinhalese, which the mytho-history had exaggerated but had adopted the philosophy of Buddha three millennia ago. This lion had sacrificed his entire life to this land apparently blessed by Buddha too , to protect it’s composition unimpaired and undiminished .
In Contrast to those Hyenas like Gotabhaya who ran away from their duties of protecting our land to save only their dear lives , this Lion not only stood up against every obstacle he faced with brevity but delivered the ultimate result every decent citizen of our country had quested for, by defeating Terrorism .
Unlike the bogus attempts of Rajapakse brothers , this lion does not have to show the bodily scars of his sacrifice he sustained in liberating this land from terrorism , but his entire carrier is already being carved in to hearts and minds of millions of Sri Lankans as well as in archives of contemporary history , including military history of the world , irrespective of the Rajapakse rogues desperate attempts to erase his sacrifice from monuments erected to salute our brave Soldiers, nor by the verdicts of unconstitutional Military /Kangaroo Tribunals of Rajapaksa .
.
No hybrid of Hyena +Donkey +Homosapien + Tsunami fund misappropriate or this Mahamulana breed of cheap rogues can subjugate democracy in Sri Lanka for ever.
As a nation, our progress in this 21st century as Sri Lankans defeating LTTE Terrorism ( thanks to military geneious of Gen Fonseka,) and facing the challenges of global recession, ethnic or religious conflicts , do not depend on protecting Rajapakse hypocrisy and dictatorship creating another ruthless dynasty of kings, which the entire world had suffered through out the history of man kind, but only by establishing the constitutional rights of every individual citizen of our country adhering to the concepts of Democracy we had been building as human beings for thousands of years since the time we humans started to think beyond hunting and copulating for survival.
This is where I do not hesitate to say that Gen Sarath Fonseka had become a lion and an icon of Patriotism and Democracy in Sri Lanka..
What a shame that Sinhalese had become so ungrateful, allowing their votes to be robbed to give powers to Rajapakse rogues to cage this lion who had eradicated ruthless Terrorism in Sri Lanka bringing a dawn of peace the country had not seen for three decades!
I endorse views of Sanath de Silva of the need to establish democracy in Sri Lanka for the betterment of every individual of our country irrespective of their ethnicity , language, creed , cast or social status, and to fight against Rajapakse Dictatorship and corruption as well as for the fundamental and Democratic Rights of Gen Fonseka the utmost War Hero of our nation Sri Lanka ,in every democratic and civilized means .
Thank you all ,
Magha Dissanayake
30/09/2010
De : tomwije@yahoo.com
Envoyé : jeu. 30/09/10 18:48
À : deshapremiya@yahoo.com via ( francoeurope-srilanka@hotmail.fr )
Please Circulate
Sri Lanka’s A day of gloom
Mrs Fonseka Waiting For The War Hero At Welikada (30.09.10)
— On Thu, 9/30/10, Sanath de Silva <sanathdes@gmail.com> wrote:
Dear friends,
I am so sad and outraged about the decision made by the dictator Rajapaksa of Sri Lanka to impose a prison term on General Sarath Fonseka, the man who was single-handedly responsible for planning and executing the victorious war to liberate our motherland from terrorism. Having known him for well over 40 years, it is extremely difficult for me to come to terms with this travesty of justice and I can empathize with the pain Anoma, Apsara and Aparna have to deal with right now. I wish them strength and promise them that we shall never give up our struggle to free him.
From the way the military tribunal was appointed with chosen lap dogs and the shameless way the proceedings were conducted, it was clearly evident from the very inception that they had already resolved to lock him away. So this decision has not come to him or to us as a shock.
I am writing this letter to appeal to our masses – in Sri Lanka and abroad, to unite to pressure international elements to force the regime of Sri Lanka to release General Sarath Fonseka and to ensure Sri Lankan citizens enjoy other freedoms such as freedom of press, freedom of expression, freedom of assembly as enshrined in our constitution. You may have different political beliefs but all of us aspire for fundamental freedoms and dignity so we do have a common ground to unite. In a democracy, even if we disagree with the opinion of another, we should respect the other man’s right to express that opposing view. When that right is denied, we should know that democratic rights have been eroded. That is what has happened to Sri Lanka today.
While the true hero is incarcerated, the president who was an integral part of CBK government that came out with various peace packages to appease the LTTE terrorists and also while assuming duties as the president, thanks to Ranil Wickramasinghe for signing the CFA is trying to portray himself as the real hero! A man who left the battle field for the safety of Sri Lanka at the Sri Lanka’s hour of need is our Defence Secretary today and has politicized all forces and shamelessly claiming credit for the victory. Why could not they do it when MR was the Prime Minister of the country and why could not he even suggest the path to victory if he knew how to do that as we could have finished this long ago?
Above are the issues I want you to critically examine without looking at them with partisan views. We are open to criticism and your views are welcome.
I have a few requests for our enthusiastic expatriates. We often get suggestions and proposals without proper participation. If you need to do anything against this regime, please take the initiative and we will help you and participate as long as your actions are lawful in this country. From my New York experience I know that there is a large segment of people who are disgruntled with the Sri Lanka mission because they have been sidelined and not received invitations to the festivities organized by the Sri Lankan mission. Mission should launch a public relations campaign to harness such people as we do not need their pressure as their motives are different. We need real men and women, who understand the gravity of the situation in Sri Lanka! We need DOERS and not just TALKERS. We need participants more than advisors.
For us the battle has just begun and we will not rest until democracy in Sri Lanka is restored and General Sarath Fonseka is freed. This may look like a gigantic task now but let us take strength from those heroic Iranians and Burmese who defied tremendous odds to stand up against the dictators of Iran and Burma and their dictatorial regimes. History shows us that dictators and their monolithic structures crumble faster than we think.
Let us unite and let us regain our country so that our beloved motherland Sri Lanka will once again stand proudly among civilized nations in the world!
Sincerely,
Sanath de Silva
De :Mano Banduwardena (manob@hotmail.com)
Envoyé :jeu. 30/09/10 08:06
À : ( francoeurope-srilanka@hotmail.fr )
FW: Know our own traitors!
We just heard that the nincompoop president of Sri Lanka has confirmed the sentence recommended by the rogue military tribunal to be imposed on General Sarath Fonseka. The allegations were fabricated and there was no evidence against General Sarath Fonseka. He was not permitted to summon witnesses. The members of the military tribunal were rogues and some of them had close connections with the LTTE.
We request the patriotic Sri Lankans to STRIKE BACK AND STRIKE HARD at these perpetrators of injustice when ever the opportunity arises.
NEVER FORGIVE THEM FOR THEY ARE TRAITORS! Sanath de Silva
De : Mano Banduwardena (manob@hotmail.com) Envoyé : jeu. 30/09/10 08:03 À : ( francoeurope-srilanka@hotmail.fr )
Please Circulate
Before too late
Time to STOP the Next HITLER
“First they came …” attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power.
They came first for the Communists,
and I didn’t speak up because I wasn’t a Communist.
Then they came for the trade unionists,
and I didn’t speak up because I wasn’t a trade unionist.
Then they came for the Jews,
and I didn’t speak up because I wasn’t a Jew.
Then they came for me
and by that time no one was left to speak up.
Mano Banduwardena
RE: Urgent Please Come All Together For Help Our Motherland
Thank you AHFESL behalf of true mother country loving people for this gesture.
We all should condemn the “verdict” against General Sarath Fonseka which has just been approved by the President Rajapaksha.Under the undemocratic and inhuman path towards a dictatorship by the Sri Lankan President and his brothers surround with traitors . It also emphasizes how the LTTE leader Kumaran Pathmanadhan,colonel Karuna,Daya master,..and so, are treated with honor of diplomatic relations given luxurious facilities off the money of Sri Lankan tax payers money,while the other arrested members or the sympathizers of the LTTE were being assassinated or being imprisoned without a proper trial.
We should also condemns this unlawful imprisonment of war winning former military chief retired,Sri Lanla’s only 4 star General Sarath Fonseka who gained the highest percentage of votes in Colombo at the recent parliamentary election shows us the contradictory way of handling politics in our country to stay in power by any means by the undemocratic rules of the dictator Rajapakshe and his brothers.
Now the time has come for all Sri Lankans and it’s forces to stand against undemocratic activities of the Rajapaksha regime.
Mano Banduwardena
INVITE FOR ALL SRILANKANS IN FRANCE
INVITER POUR TOUS LES SRILANKAISE EN FRANCE
Urgent Please Come All Together For Help Our Motherland
( Click Here Under Liens )
http://ahfesl.free.fr/2010_Urgent_Please_Come_All_Together_For_Help_Your_Mother_Land.htm
http://ahfesl.free.fr/Very_Very_Urgent_&_Important_Hot_News_from_SriLanka.htm
http://ahfesl.free.fr/
President signs military court decision to jail Gen. Fonseka : 30 months RI – Request of Mahanayakes kicked into garbage bin by Mahinda
(Lanka-e-News, Sep.30, 2010, 12.40PM second edition 10.05PM) The President Mahinda Rajapakse has yesterday (29) signed ratifying the judgment delivered by the second military court to send former Army Commander, celebrated war Hero and patriot General Fonseka to serve a sentence of two and half years in jail.
The President returned to the Island yesterday after being away to attend the 65th UN assembly.
The Ven. Mahanayakes had addressed a letter signed by all the Prelates to the President requesting him to give the General a pardon taking into account his yeoman service and patriotic contributions to the country disregarding his alleged wrongs, if any the General has committed.
The military Court passed a three year jail sentence judgment against the General in the HiCorp case where he was indicted for favoring the Hi Corp Co. allegedly belonging to his son in law Dhanuna Thilakaratne when passing a tender for the purchase of equipment for the Army, when General Fonseka was the Army Commander and the Chairman of the Army tender Board.
General Fonseka acted as the Chairman of the tender Board by virtue of his official position as the Army Commander.
The panel of judges of the second military Court were, Major General M P Peiris (President) Major General S W L Daulagala, Major General M Haturusinghe while Rear admiral W W J S Fernando was the Court advocate.
General Fonseka is the leader of the political party DNA, and is a Colombo District M P. As he was obstructed to attend Parliament on several occasions, the Opposition pointed out that those obstructions constituted a breach of privilege., the Speaker gave an order that he should not be obstructed from attending Parliamentary sittings and meetings. Meanwhile the judicial Court too had given an order that the General shall be allowed to attend Parliament without any hindrance, and every facility should be provided to him towards that end.
In the first military court, Fonseka who was indicted for participating in politics while he was in the service of the Army, it was decided that all his official positions he held and the privileges including his pension rights he enjoyed be officially divested.
The judgment of the first military court was ratified by the President on 14th August. The cruelest irony of all this is, the very Govt. which extolled him and celebrated his war victory (defeating the world’s deadliest terrorists after a 30 year war) has deemed it fit to mete out all these punishments to him on flimsy grounds on judgments based on controversial courts alleged by legal experts in the country as illegally constituted.
It is significant to note that soon after the war was won by General Fosneka, the very President Mahinda Rajapkse who has ratified the jail sentence yesterday proudly announced to the world that he is the greatest war Hero ever.
Major General Ubaya Madiwela speaking to the media over the President’s ratification of the decision of the second military court said , Gen. Fonseka was found guilty on all four counts on the charges filed against him of not adhering to the tender procedures when awarding a tender for purchases of equipments for the Army when he was the Army Commander and the chairman of the Army tender Board.
Fonseka was sentenced to 30 months rigorous imprisonment which was ratified by the President on the 23rd as the Commander in chief of the forces. This case was filed based on four charges of degrading conduct while in the Army under Section 109 E of the Army Act .
Gota‘s prophecy ‘General shall be hanged’ –is this the first step towards that? We will launch a massive protest campaign against this in SL and world wide –Mangala
(Lanka-e-News, Sep. 30, 2010, 10.15PM) President Rajapakse who returned to the Island yesterday night (29) after a tour of the UN spending multi million rupees out of the dwindling coffers of a poverty stricken SL on a jumbo delegation he took along with him, as the first thing he did in the performance of his official duties was ratifying the military court decision to sentence Gen, Fonseka to 30 months rigorous imprisonment. The cruel irony of this action is, it was this same President who acclaimed and applauded Gen. Fonseka as the greatest war Hero in the world after he comprehensively defeated the LTTE terrorists in a 30 year old war. The UNP media unit chief and MP Mangala Samaraweera addressing a media briefing today (30) at the UNP media unit made these announcements.
Samaraweera said, the UNP roundly condemns this sentence, and will be launching protests against this in SL and abroad.
The President who won the Presidential elections under suspicious and dubious circumstances, and when a Presidential election petition has been filed by his rival Gen. Fonseka and is pending against the President, the latter is abusing all his powers violating the laws of the country and the traditions. Fonseka was tried before the military court as a suspect when the lawyers of the defense had argued that the judges of this court were acting like Rajapakse family’s officers. This whole exercise of military proceedings and the sentence was a manipulation and the result of a cold calculation of the Rajapakses from the very outset to jail Fonseka, he noted.
When the military court conducted proceedings on the 6th April 2010, the lawyers for the defense in their report showed that all the judges of the panel were either close friends or stooges of the either President or Defense Secretary Gotabaya Rajapakse. It is well to recall how Gotabaya told he would see that Fonseka is hanged when he gave an interview to the BBC. Is this the first step of the Govt. taken to achieve what Gotabaya promised? Samaraweera asked.
At the very beginning, Fonseka had questioned the integrity and the impartiality of the judges appointed to the military court. The President of that court, Major general Malinda Perera is the present Army Commander’s brother in law. When Fonseka was the Army Commander, this individual had disciplinary proceedings against him on charges based on his rectitude and honesty. He was also one who had been charged for providing misleading information to the military court and to Major General Parakrama Pannipitiya.
A member of the military court, Major General S W L Daulagala is a bosom friend of Gotabaya. Fonseka had told that when he was the Army Commander, Daulagala had requested Fonseka to appoint him as the commanding officer of the Gajaba regiment. Major General Haturusinghe was appointed as operations officer, Colombo on Gotabaya‘s instructions while Fonseka was the Army chief. Moreover, Haturusinghe had collected monies monthly from the LTTE according to what the LTTE suspect who ran a shop in the Liberty complex declared when he was arrested.
Thus, Gen. Fonseka has been found guilty by a court comprising judges who have been charged with most grievous and serious crimes. In other words judgment has been delivered on a patriot by a group who have committed treason and felonies against the country, he pointed out.
Following this judgment the entire nation and the international community are entertaining doubts as to the legal processes in SL and the judgments delivered without a proper legal base.
The UNP will launch a vicious protest campaign within SL and abroad against the judgment delivered against Fonseka, Samaraweera emphasized.
Fan and bed taken away from the cell before General is brought in there –General has to sleep on the mat
(Lanka-e-News, Sep. 30, 2010, 10.15PM) Acccording to sources within the Welikade prison, Gen. Fonseka the former Army Commander, DNA leader and Colombo district M P who was sentenced to 30 months rigorous imprisonment by the second military court and which sentence was ratified by he President is to be placed in a cell in the Welikade jail.
This cell where Wijaya Kumaratunge was imprisoned on naxalite charges during the JR Jayawardena Govt. had two fans and a bed a few days ago. These facilities were provided to former Colombo district MP Chandana Kathriarachi who was in that cell on murder charges.
Prisons sources say, when there was information that Gen. Fonseka was going to brought to this cell, both fans and the bed had been taken away.
The same sources said , that when Gen Fonsek a is brought to the cell this evening he will have to sleep on a mat as the bed has been removed along with the fans.
The un-masking of the traitor who decided to send a patriotic hero to jail –hurtful truths against the hateful traitor revealed
(Lanka-e-News, Sep.30, 2010, 11.15AM) General Sarath Fonseka who was applauded and acclaimed as the greatest Army Commander by the Govt. the President and the World is today being subjected to the worst of prosecutions and persecutions by the Rajapakses, all because he contested as the common Opposition leader according to Democratic traditions at the last Presidential elections against President Rajapakse.
Judgments are being dispensed against him practically daily which would make even the King Kekille to turn in his grave. To dispense these judgments and to carry out atrocities, a group of officials and officers who eat the crumbs falling off the sumptuous tables of Rajapakses had been appointed whose whole time occupation is fawning on the Rajapakses and serving as their lackeys. The case against a war Hero, a five star General is being heard by a junior panel of officers of ‘yesterday’ who had been given promotions so that they would be more loyal to the Govt. and less to the laws and the justice they ought to implement.
The judgment against Fonseka was delivered by the chief of the judges panel of the military Court, Major General Mahinda Haturusinghe. As his name ‘Haturu’ (enemy) suggests, he has only strived to live up to this despicable name, and not to maintain the dignity and decency of his official position. My article herein is trying to explore whether ‘Haturu’ singhe has ever done any good to anybody, when and where, if any in his putrid antecedence, whereby the public can become aware as to what type of individuals held positions in the judges’ panel of the military court.
Let us commence from the period of the 1988-89 insurgency. In the cold blooded murder of 32 innocent students, the name Mahinda Haturusinghe as the Captain in the Army during that period has been implicated. Because the names of the Army officers who were held in custody were not disclosed these students were gruesomely murdered by Haturusinghe who was in charge of a Company in the Sevanagala Army camp. Over 100 statements were recorded by the CID alone against the multiple murders committed by Haturusinghe. These statements were recorded by the then CID Police Inspector Mahesh Perera who is now a senior S. P.
Later on, as Army Brigadier Haturusinghe was the chief of the joint operations command in Colombo. The white Van ruthless abductions and murders which commenced mysteriously coincided with his appointment.
When he was a Brigadier, he was for a while, the chief Commander of the Artillery Brigade. An intriguing incident during this period merits exposure. A Board was appointed to send a team for inspection and import of bullets for rifles and multi barrel guns during the Eelam war. A brother of Mahinda Saturusinghe was appointed to this Board. He was Nandana Huturusinghe, a Lieutinent Colonel. He was appointed through the influence and powers used by Mahinda Haturusinghe as the chief Commander. This team left for Ukraine and China for the inspection and recommendation of artillery for SL. It was Nandana Haturusinghe who had finally decided that the SL requirements shall be made imported from Ukraine, and an Officer of the Ukraine Company be invited to SL.
After this Ukraine officer arrived in SL, he was met at the Lakeside Hotel in Colombo, by Nandana Haturusinghe. After titillating the officer’s palate with the choicest black label whisky, Haturusinghe had demanded a kickback of 30 million rupees from the foreign officer to successfully close the deal. The Ukraine national officer who was startled by this bribery demand had complained to the Army. After an investigation Nandana Haturusinghe was interdicted from his Army post.
Brigadier Mahinda Samarasinghe the brother of the culprit had become worried and panic stricken over the punishment meted out to his brother, and had requested Defense Secretary Gotabaya Rajapakse to consider a relief for his brother. Gotabaya has advised him as the investigations are concluded, the only relief that can be sought is through an appeal to the judicial Courts. Since that time, Mahinda Saturusinghe has become the unofficial ‘contractor’ for the Rajapakses’ hired contracts.
It was during that period a lot of abduction and attacks including that of Keith Noyahr of the ‘Nation’ newspaper occurred .It was thereafter, it became exposed that Mahinda ‘Haturu’ singhe was performing duties as an enemy (‘hatura’) of the nation. The following chain of incidents bear out this truth: Mahinda Haturusinghe has had very close and cordial relation s with a frontline LTTE terrorist Parbahakaran alias ‘majestic Prabha’who had been masquerading as a trader in the Majestic shopping complex .Two electronic parts shops, No. 26 and 27 in the 3rd floor of the majestic city had been run by Majestic Prabha. Mahinda Haturusinghe has even collected cash from the LTTE via Majestic Prabha. While Haturusinghe was paid a monthly sum of Rs. 30,000/- for his vehicle by the Govt., he had also collected another Rs.30,000/- monthly from Majestic Prabha. Following the arrest of Majestic Prabha, all these facts were disgorged by him.
According to reports, It was Mahinda Saturusunghe who had used his influence with the Defense Ministry to bring down LIeutinent Colonel Ranjith Perera to Colombo who was in custody in Jaffna for treason for his involvement in supplying information to the LTTE.
Moreover, Mahinda Saturusinghe who was only a Brigadier at that time was selected for the National defense Academy course which awards the highest qualification for an Army officer, on the instructions of Gotabaya Rajapakse.Only Major Generals are selected for this course as a rule and practice in India, China and America, the main countries. Yet, on strong directives of Gotabaya, Mahinda Saturusinghe had been chosen. This is a further confirmation that the Rajapakse brothers will care two hoots for the hallowed traditions and laws of the country when they do not serve their selfish purpose. Laptop gift from Majestic Prabha
A few days before Mahionda Haturusinghe was to leave for Philipines, Majestic Prabha has visited the office of Mahinda Huturusinghe situated in the High security zone. Haturusinghe had introduced Majestic Prabha to Brigadier B A Perera, the Commander of the 112 Brigade who was to take over the duties of Haturusinghe when he is abroad. He had instructed Perera to provide Majestic Prabha with whatever facilities and comforts Prabha requests, while saying ‘machang, he is a nice fellow’ pointing to Majestic Prabha.
But, Perera (now, 53rd Army Commander) who is more loyal to his official duties had replied, machang his name is loathsome to me. To me he looks a double agent. Hence, there will be no transactions between him and myself. Later, when Majestic Prabha tried to meet Perera on several occasions, the latter had not responded. Majestic Prabha has invited Perera for so many functions including SSC club functions, Hilton Hotel dinners and others.
To Mahinda ‘Haturu’ singhe who was leaving for Philipines, it was Majestic Prabha who had supplied all the books, clothes and a Laptop computer. Mind you all these were received as gifts from a LTTE spy by a SL’s so called patriotic Army chief still going strong with Govt. backing.
Friends of the traitorous foe When this Haturusinghe who is a bosom friend of the deadliest foe was in Philipines, the Govt. intelligence unit took majestic Prabha into custody. That was on the 20th of March 2009. When he was interrogated for a long time, he had confessed to having ties with Mahinda Haturusinghe. After the Govt. intelligence division informed the Army intelligence unit of these disclosures, the Army intelligence unit chief Major General Amala Karunasekera questioned Majestic Prabha, the LTTE spy, when it was confirmed that the latter has indeed had close ties with Mahinda Haturusinghe.
Amal Karunasekera had then forwarded a report thereof to the Army Commander at that time, General Sarath Fonseka. After it was confirmed that Haturusinghe did have connections with a LTTE spy, it was directed that Haturusinghe be brought back to Colombo immediately from Philipines and placed in custody. Letters regarding this and about a disciplinary inquiry being conducted against him and due punishment being meted out to him was forwarded to the Defense Ministry. It is a mystery that the defense Ministry has so far not taken any action in pursuance of these directives. Doesn’t this make it abundantly clear that the country’s defense Secretary is much more concerned with the security and protection of Haturusinghe than the country’s ?
Following the end of the war when all arrangements were made to appoint a military court to try Haturusinghe who came back to SL, Army Commander Fonseka resigned his position and was appointed as the chief of the defense staff. Mahinda Haturusinghe who returned to SL was, instead of being punished was appointed as the Commander in chief for Jaffna. Such an appointment was a flagrant breach of the Army regulations. Moreover, for such an appointment as the Commander in chief, Mahinda Haturusinghe should have served as a Commander in chief for a division at least for two years. Haturusinghe did not have such a qualification. Was Haturusinghe exempted from this indispensable qualification because he is a servile crony and lackey of the Defense Secretary ?
Finally, it was this dastardly degradingly sordid individual who has been appointed as the chief of the panel of judges to hear the trial of General Fonseka in the military Court. Therefore no matter what evidence is produced in such a court by the General Fonseka in his defense, the decision of this illegal court necessarily has to be one which would put Kekile King too to shame. Of course, the injustice meted out to General Fonseka and the unjust judgment against him were foregone conclusions in such a manipulative and atrociously designed Court.
It was such a court conducted by traitors which delivered a judgment recently to send a patriotic Army Commander to jail. Of course, people could not have expected anything better from such a Court. But, the worst treason committed by a nation is when it stands idle and watches these injustices being perpetrated by traitors before its own eyes. -By Sandaruwan Senadheera-
Four Ven. Mahanayakes write to President urging him to release Fonseka
(Lanka-e-News, Sep.29, 2010, 10.35PM) A letter signed by the Ven. chief incumbents of all the Nikayas requesting the release of former Army Commander General Sarath Fosneka had been forwarded to the President.
The Buddhist Prelates have expressed in the letter that even if Gen. Fonseka has committed a wrong, considering his yeoman service for the country and the patriotic sacrifices he made, the General shall be released.
Ven. Tibatuwave Sri Sumangala mahanayake Thero of the Malwatte Asgiriya Maha sangha sabha, Udugama Sri Buddharakitha Maha Nayake of the Asgiriya sabha, Duvaldena Sri Gnanathissara mahanayake of the Amarapura maha sangha and Wevel deniye Medalankara mahanayake of the Ramanya maha sangha have together made this request in their letter which was posted to the President under registered cover.
World’s State Leaders sideline and give the cold shoulder to Rajapakse: over a 100 were invited by him, only one leader attended the Reception Something unprecedented in America
(Lanka-e-News, Sep.29, 2010, 10.35PM) According to the Lanka e news correspondent in New York, because the front line leaders of the other countries gave the cold shoulder and sidelined the President of Sri Lanka (SL) giving him a two penny half penny regard when he attended the 65th assembly of the United Nations in New York, the former good image of SL had been tarnished.
This was well illustrated when, over 100 State leaders were invited to be present for a convivial party there organized by the President as SL’s head on the 24th, only a single State leader attended the party. That solitary leader who attended that function was the Iran President Mohomed Ahmadinijad who was allegedly elected on election malpractices and vote rigging. Even he had stayed only 3 minutes at the function. Among the so many diplomats of the countries of the world, only 8 of them had graced the occasion. What was most disappointing was, even the Diplomats of the so called friendly countries, India, Pakistan and Bangla Desh have not attended the convivial gathering.Though the Foreign Ministers of India, Pakistan and the State leader of Bangla Desh had participated at the function, the conviviality and cordiality for which the function was organized, sadly had not been there. This was the first time SL faced such a humiliating and degrading situation at the UN, reports say.
There were over 500 invitees. Among them were over 100 State leaders invited. But finally that much hyped and hoped for party organized for the State leaders, ironically, turned out be not a party with the participation of State leaders, but rather a party of Rajapakse henchmen, stooges, cronies and lackeys, including those running ‘sex shops’ and those linked to Mafia Organizations in New York. Not a single member of the Organization, united Sri Lanka was invited, reports say, though this Organization had in the past helped SL immensely. The most ludicrous part of the event was the time wasted by Rajapakse on taking photographs. There had been a long queue to take photographs with the President.
At the poorly attended function too, the President has like in his jumbo delegation shown his proneness for exhibitionism and wasteful extravagance at state expense. He has spent country’s money much more lavishly even in excess of Obama. Obama‘s conviviality party was held at ‘National History museum’ in New York which is not much of an expensive venue. SL President has had his ill attended party at the super luxury ‘Waldorf Astoria’ Hotel in its most expensive ‘Empire Ballroom’ Hall. It was very unfortunate that SL President who spent poverty stricken SL’s precious funds most lavishly towards making a grand function was most poorly attended with only one State leader being its guest, whereas, the much richer country’s President Obama expending less on the parallel conviviality function had a Hall full of State leaders and VIP guests gracing the occasion. The President who was unfortunate with organizing his own function which flopped miserably, was also unfortunate to be present at Obama ‘s function to witness its tremendous success, according to reports.
It is learnt that the cold shouldering of Mahinda Rajapakse by State leaders of other countries was not confined to Rajapakse’s conviviality party alone. Even at the UN State assembly sessions, Rajapakse was sidelined. Though he had made a scramble to be in the front row for photographs, the leaders of the Democratic countries had not given him a place. When all State leaders met UN Secretary-General Ban Ki-Moon, SL had however experienced tremendous obstacles to get an appointment, sources say. After moving heaven and earth, at last, he had been able to pose for a photograph with a few leaders, they are, Jamaican, Hungary and Turkey, the countries which are of no consequence to SL.
When the President addressed the assembly, he had committed a blunder. AState leader, before he addresses the assembly sits in the cubicle meant for him behind and not among his group. But, Rajapakse has instead sat in the front row reserved for his group. An officer attached to the United Nations who had seen Rajapakse blundering has immediately gone forward and led him to the State leader’s cubicle.
All-State leaders were allowed two speeches. One was, about how to eradicate poverty by 2015; the other was addressing the main assembly. President Rajapakse had to witness a most unsavoury spectacle at this juncture: when he was making his first speech in the morning of Wednesday the 22nd, there had been no officers at State level in the front seats. Besides, a majority of the seats were empty. But, in contrast, when Obama started speaking all the seats were occupied and the Hall was spilling over with crowds. They had even to keep standing when listening to the speech. On the second day too, President Rajapakse had faced the same or even worse disappointment. The Hall which was filled to capacity with crowds, some even standing as a result of the overcrowding when Obama was delivering his speech, had suddenly turned empty when Rajapakse began his speech.
http://ahfesl.free.fr/2010_SL_HOTNEWS_Page1_Archive.htm
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