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Midweek Review

A daunting task for Justice Nawaz

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President Gotabaya Rajapaksa shakes hands with Justice Nawaz after appointing him as the President of the Court of Appeal on January 20, 2021 (pic courtesy PMD)

Geneva proposes asset freezes, travel bans ahead of HR sessions

 By Shamindra Ferdinando

An Extraordinary Gazette notification, pertaining to the nomination of Justice Abdul Hameed Dileep Nawaz, as the Chairman of a three-member Commission of Inquiry (CoI), to investigate, inquire into and report, or take required actions, regarding the findings of the former Commissions, or Committees, that investigated human rights violations, serious violations of International Humanitarian Law (IHL) and other such offences, was issued on January 20.

The Extraordinary Gazette notification was issued, close on the heels of a ceremonial sitting of the Supreme Court of Sri Lanka, to welcome Justice Nawaz, Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne. They were among six new Supreme Court justices, named on Dec 1, 2020, in terms of the 20th Amendment to the Constitution, enacted two months before. The other new justices are Janaka de Silva, Achala Wengappuli and Mahinda Samayawardhena.

The new Amendment approved with a two-thirds majority, resulted in the expansion of the Supreme Court bench, from 11 to 17, and the Appeal Court bench, from 12 to 20.

Having won the presidency in Nov 2019, President Gotabaya Rajapaksa promoted Nawaz as the President of the Court of Appeal. The appointment made on January 20, 2021, is President Gotabaya Rajapaksa’s first high profile judicial selection. The appointment didn’t receive the media attention it really deserves.

With the elevation of Nawaz to the Supreme Court, Justice Arjuna Obeysekere received the appointment as the President of the Court of Appeal. The CoI, chaired by Justice Nawaz, includes one-time IGP Chandra Fernando, the incumbent Chairman of the National Police Commission, and retired District Secretary Nimal Abeysiri.

Nawaz is the first sitting judge and the senior-most judicial officer to have been charge-sheeted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), during his time at the Attorney General’s Department, but cleared by courts during the tenure of the previous regime itself. So many actions, initiated by the CIABOC, judicial decisions and proceedings during the previous yahapalana administration, are under a cloud.

 The CoI has been entrusted with the following tasks: (a) Find out whether previous CoIs, and Committees, which have been appointed to investigate into human rights violations, have revealed any human rights violations, serious violations of the international humanitarian law and other such serious offences (b) Identify the findings of the CoIs, and Committees, related to the serious violations of human rights, serious violations of international humanitarian laws and other such offences and whether recommendations have been made on how to deal with the issues at hand (c) The status of the implementation of those recommendations, so far, in terms of the existing law, and what steps need to be taken to implement those recommendations further, in line with the present Government policy and, finally (d) Ascertain whether action is being taken in respect of (b) and (c).

The CoI, headed by Justice Nawaz, is expected to finalize the report, within six months from the date of the appointment.

 

AG on role of judges

 Welcoming the newly appointed Supreme Court Judges on Jan. 20 and Jan 21, Attorney General Dappula de Livera, PC, declared: “The credibility of a judicial system, in a country, is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his/her judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded, according to the law. For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary, and public confidence in the judiciary, is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.”

 The President’s Counsel further said: “The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation. That independence is also necessary from the other branches of government and from private and partisan interest. Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.”

 

Tamil parties seek int’l intervention

 The appointment of the three-member CoI under the leadership of a Supreme Court Judge, should be examined against a section of Parliament demanding international intervention, by way of a new Resolution adopted at the forthcoming 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), scheduled for Feb-March 2021. The Tamil National Alliance (TNA) and two Northern Province, based new political parties – Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Thesiya Kutani (TMTK) have written to 47 members of the UNHRC demanding punitive action against Sri Lanka on the basis that the administration quit the Geneva Resolution 30/1, co-sponsored by the previous yahapalana administration.

The three parties are represented in Parliament by 13 members. At the time Sri Lanka co-sponsored the controversial resolution against itself, in Geneva, the TNA had 16 lawmakers, including two appointed members, with its leader, R. Sampanthan, enjoying the privileged status as the Opposition Leader, though, ironically, the breakaway Joint Opposition (JO) commanded the confidence of well over 50 lawmakers. So that was how democracy was practiced then!

With the obvious blessings of Western powers, the Tamil parties, in a letter to UNHRC members, requested (a) Member States urge, in the new resolution, that other organs of the United Nations, including the UN Security Council, and the UN General Assembly, take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity (b) The President of the UNHRC refers matters on accountability, in Sri Lanka, back to the UN Secretary General, for action, as stated above (c) Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in the country and (d) Without detracting from that which has been stated in Point 1 (above), take steps to establish an evidence-gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM,) in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration.

The TNA-led political grouping, backed by a section of the civil society that also supported a hybrid war crimes investigating mechanism, are backing the latest initiative against Sri Lanka.

The Ontario Centre for Policy Research, Canada and London Initiative, the United Kingdom have, however rebutted anti-Sri Lanka allegations with a timely comprehensive report recently to the UNHRC, especially in response to the growing threat of a new resolution. The lead Researcher and the Chairman of the Committee that prepared the report, Dr. Neville Hewage, and the UK-based practicing lawyer, Jayaraj Palihawadana, should receive public appreciation for countering the Western strategy. Let the public know of such initiatives and exert pressure on political parties to take up the Geneva challenge, together with the government.

Unfortunately, Sri Lanka’s defence in Geneva is likely to suffer in the absence of coordinated action and the failure on the part of those responsible to get their act together to attack the foundation of lies concocted by interested parties, hell-bent on hauling Sri Lanka up before an international war crimes court. With the UNP’s humiliating rejection by the masses, at the last general election, in August 2020, the TNA-led grouping, in spite of differences as regards political strategy, both in and outside Parliament, is confident of its new game plan.

 

The Swiss plot

 The Tamil grouping believes the return of the Rajapaksas is advantageous to their strategy. Sri Lanka would have been in bigger trouble if the Swiss project, meant to ruin Gotabaya Rajapaksa’s presidency, succeeded in Nov 2019. If not for war-time Defence Secretary Gotabaya Rajapaksa’s refusal to allow Switzerland to evacuate Embassy worker Garnier Francis, who claimed that she had been sexually abused by government agents inside a vehicle close to the Swiss Embassy, within days after him being elected the President. Had that diabolical plot clicked with her being evacuated to Switzerland, in a special air ambulance, that had been brought down as part of the plot, the country would have been under heavy pressure now. Thanks to President Gotabaya Rajapaksa taking a tough stand on the matter, the Swiss plot went awry, much to the disappointment of those seeking to undermine the new administration. Investigations exposed those responsible for the diabolical propaganda offensive that had to be inquired into, taking into consideration unsubstantiated allegations directed at the SLPP presidential candidate, Gotabaya Rajapaksa, at a media conference, organized by the then yahapalana minister Dr. Rajitha Senaratne.

 The CoI, headed by Justice Nawaz, will have to examine the overall campaign against Sri Lanka, without restricting its investigation in terms of the mandate received. It would be pertinent to mention Sri Lanka paid a huge price for not properly countering lies propagated by interested parties’ hell-bent on hauling Sri Lanka before hybrid war crimes investigating mechanism. In the wake of Gotabaya Rajapaksa’s emergence as the President, with an overwhelming victory, over his nearest opponent, the same lot wanted Sri Lanka investigated by the international community.

 Sri Lanka has pathetically failed to comprehend the threat, hence the absence of proper defence, in spite of some elected members of Parliament working against the country. The government’s failure has allowed the TNA, that had no qualms in recognizing the LTTE as the sole representative of the Tamil speaking people in late 2001, and having being the mouthpiece of the world’s most ruthless terrorist organisation, to pursue a high profile strategy, detrimental to the country, while enjoying perks and privileges as a recognized political party.

The TNA-led campaign is part of an overall project meant to overwhelm Sri Lanka. The Swiss operation, if succeeded, could have impaired the Office of the President.

 

A wider examination of facts needed

 Let us hope that the Justice Nawaz-led committee would examine all factors, pertaining to the accountability issue, though its primary objective seems simple. Their responsibility in terms of the statement issued by the President’s Office, is to examine the previous CoI and Committees and the implementation of their recommendations. The Lessons Learnt and Reconciliation Commission (LLRC) chaired by the late Attorney General C.R. de Silva, examined the conflict. The LLRC was appointed in response to a study undertaken by UN Secy. General’s so-called Panel of Experts (PoE). The PoE report, released in March 2011, is the basis for all subsequent measures taken by the UN though Sri Lanka simply ignored the threat. In addition to the LLRC, the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances (the report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) examined the conflict. However, Sri Lanka cannot turn a blind eye to the PoE report, and related reports, as they remained the very basis of the Geneva initiatives, though the incumbent government quit the 30/1 resolution. Foreign Minister Dinesh Gunawardena made the announcement on Feb 26, 2020 at the 43rd UNHRC sessions.

The government certainly owed an explanation why the appointment of the CoI to examine previous CoIs and Committees, was delayed till January 20, 2021. The continuing crisis caused by the Covid-19 pandemic shouldn’t be faulted for the government’s failure. For some strange reason, Sri Lanka continues to delay using Lord Naseby’s revelations, based on wartime British High Commission dispatches from Colombo (January-May 2009) as well as revelations made by Wikileaks to counter UN lies. Lord Naseby, in an interview with the writer in Sept 2019, regretted Sri Lanka’s failure to exploit his disclosure, made in Oct 2017. The senior Conservative politician said that he was quite disappointed and surprised by Sri Lanka’s response to information provided by him. The British diplomatic cables obtained by Lord Naseby, following a legal wrangle with his government disputed the PoE’s primary allegation. The information provided by Lord Naseby, when examined together with wartime US Defence attaché Lt. Col. Lawrence Smith’s explosive statement in 2011 (read US official’s defence of Sri Lankan military), exposed the UN lie.

 The primary allegation in PoE on Sri Lanka alleged that at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka by mystery accusers cannot be verified till 2031 due to a strange confidentiality clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this most unusual confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, well over a decade after the PoE report, and seven years after the country ended up in the Geneva agenda.

Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.

 

Key issues that needed CoI attention

 In the absence of a cohesive strategy to counter UN lies, vested interests, both here and abroad, propagated canards against the country to varying degrees. Let me mention issues that had to be examined in the overall defence strategy: (1) Dismissal of war crimes accusations by Lt. Col. Lawrence Smith in Colombo. The then US official did so at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of the PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US statement along with Lord Naseby’s Oct 2017 disclosure, based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead Norway merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations cleared Sri Lanka of deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives, claimed by UN, and various other interested parties. The UN estimated the figure at 40,000 (March 2011) whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of the UK Parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit the so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on the Mannar graves while Western diplomats played politics, only to be proved utterly wrong. Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Chief Minister Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. Human Rights Commissioner Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” (6) Wigneswaran in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran, now an MP and leader of TMTK, claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court Judge had been timed to attract international attention. Wigneswaran is on record as having said that a US medical team visiting Jaffna, at that time, would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign, and well-funded by the West, to coerce the country to adopt a new Constitution to suit the separatist agenda. Had they succeeded, Sri Lanka’s unitary status could have been done away through constitutional means against the backdrop of eradication of the LTTE’s conventional power.



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Midweek Review

Millennium City raid: A far reaching SC judgment

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Shirani Bandaranayake

The late IGP Mahinda Balasuriya, who had been the Senior DIG in charge of the Central Province at the time of the ASP Kulasiri Udugampola’s raid on the DMI safehouse at the Athurugiriya Millennium City housing complex, in January 2002, categorised it as an excellent operation. Having commended Udugampola, Balasuriya directed SSP Kandy, Asoka Rathnaweera, to provide the required support to Udugampola. Rathnaweera issued the detention orders in terms of Prevention of Terrorism Act (PTA). Accordingly, six men, including Captain Shaul Hameed Mohammed Nilam (he now lives overseas with his family), and Subashkaran, were detained first at the Kandy Police Station and subsequently at Katugastota. High Court judge Patabendige mentioned this in his ruling, dated March 27, 2025.

Last week The Island examined the circumstances leading to a high profile police raid on a safe-house run by the Directorate of Military Intelligence (DMI) way back in early January 2002.

The article headlined, “Raid on ‘Millennium City DMI safe-house: A forgotten story,” dealt with the controversial but legitimate police action against the DMI in the backdrop of Colombo High Court judge A.K.M. Patabendige issuing an order to exonerate former Assistant Superintendent of Police (ASP) Kulasiri Udugampola accused of leading the raid that undermined national security.

At the time of the Millennium City raid, Udugampola had been the senior officer in charge of the Kandy unit of the Police Kennel Division.

The raiding party included Major Clifford Soysa of the Military Police. Major Soysa’s inclusion in the raiding party should be discussed, taking into consideration magisterial blessings to do so as he accepted police a complaint that the Army didn’t cooperate with an investigation into the killing of 10 Muslims and causing serious injuries to four more at Udathalawinna in the Wattegama police area on Dec, 5, 2001. Therefore, the raid on the DMI safe-house had been mounted, believing Chanuka, one of the then Deputy Defence Minister Anruddha Ratwatte’s sons, was hiding there. The police earlier searched Minister Ratwatte’s residence, Sinha Regiment camp at Yatinuwara road, Mahanuwara, and the Boyagane Army camp, in Kurunegala, looking for Ratwatte’s son.

The Millennium City case in which the State moved court against Kulasiri Udugampola was heard over a period of 20 years.

The acquittal of now frail Udugampola cannot be discussed without taking into consideration a far reaching Supreme Court judgement in respect of a fundamental rights application filed by five military personnel who had been attached to the raided safe house.

The SC bench consisted of then Chief Justice Sarath Nanda Silva, Justice Dr. Shirani Bandaranayake, who wrote the ruling with the other justice P. Edissuriya, also agreeing. Justice Bandaranayake said that due to the actions of Kulasiri Udugampola, and several other personnel under him, those who served the country at the risk of their lives were killed and others faced death threats. Kulasiri Udugampola was represented by Shibly Aziz and Faiz Musthapha.

Having ruled that the fundamental rights of the soldiers had been violated, the SC in January 2004 -two years after the raid – ordered ASP Udugampola to pay Rs. 50,000 each to Mohamed Nilam, P. Ananda Udalagama, H. M. Nissanka Herath, I. Edirisinghe Jayamanne and H. Mohamed Hilmy. The State was ordered to pay Rs. 750,000 to each of them as well. The State and Udugampola paid that amount within three months after the SC order. Each received cheques written in their names to the tune of Rs 800,000.

They received the cheques from the Registrar of the Supreme Court. The full extent of the damage caused by irresponsible action on the part of top UNP leadership as well as those in the Army and police, who callously undermined national security due to political reasons, professional jealousies as well as enmity caused by disciplinary action, has never been fully assessed, even after over two decades.

Arrested Army men and an ex-LTTEer Subahskaran were detained in early January 2002 at Kandy and Katugastota police stations. According to court records, the then Defence Secretary Austin Fernando refused to authorise Udugampola detaining them in terms of the Prevention of Terrorism Act (PTA) for a period of 90 days. However, they had been held under Detention Orders issued by Kandy-based senior law enforcement officers. But, Austin Fernando’s refusal to authorise invoking the PTA compelled Udagampola to hand them over to the Army.

This particular DMI operation involved both regular personnel, particularly Muslim officers, those who had switched their allegiance to the Army and informants.

The January 2 raid led to the arrest of Captain Mohamed Nilam, Staff Sgt. P. Ananda Udulagama, Staff Sergeant I. Edirisinghe Jayamanne, Corporal H.M. Nissanka Herath, Lance Corporal H. Mohamed Hilmy and a suspected LTTE operative, identified as Niyaz/Subashkaran. Others involved in that particular operation had been living in the East and were called into join operations depending on the requirement. On the instructions of Lt. Gen. Balagalle, those tasked with carrying out attacks on selected targets had an opportunity to train under Special Forces instructors from Maduru Oya. They underwent training at the Panaluwa Test Firing Range, where firing special weapons was a key element in the training schedule.

In a bid to ensure secrecy, those operatives mostly operated on their own, and had their own arsenal, which included a range of weapons, including claymore mines. In fact, those involved in the operation functioned on a need-to-know basis. Even senior DMI officials, as well as the Army top brass, except a few, weren’t aware of what was going on. Even the then powerful Deputy Defence Minister, Anuruddha Ratwatte, hadn’t been aware of the Millennium City safe-house, though he knew of the ongoing hits behind enemy lines.

“Those entering LTTE-held territory wore LTTE uniforms to avoid detection in case of coming across terrorists or civilians. We had about 100 uniforms, though the number of those conducting hits in LTTE-held areas was very much lower than the number of uniforms we had,” a person who had been with the DMI, said. “The operation was a new experience. It was to be a sustained assassination campaign, something we had never tried before. Had the politicians allowed it to continue, it could have had a devastating impact on the morale of the LTTE’s fighting cadre. The UNP never realised the dynamics of the DMI action.”

Shortly after the exposure of the DMI operation, Lt. Gen. Balagalle sought a meeting with then Premier Ranil Wickremesinghe to explain the secret operation against the LTTE. The Army chief had been accompanied by officials, including Hendarawithana, while one-time Attorney General Tilak Marapana, National List MP holding the Defence portfolio, and Minister Milinda Moragoda, too, were present.

“Except for Minister Moragoda, the others obviously didn’t realise what we were doing. They acted as if we were conspiring to do away with the political leadership so as to undermine the Norwegian initiative,” he said “We quickly realised we were up against a government, which simply wanted to negotiate a deal with the LTTE at any cost. The LTTE and the Norwegians exploited the situation to the hilt.”

A section of the media, too, campaigned against the Army, particularly the DMI chief Hendarawithana, who played a pivotal role in the intelligence set-up. He remained high on the LTTE hit list for over a decade. The LTTE went to the extent of exploring the possibility of having him assassinated in Colombo, with the help of an Army officer, who allegedly conspired with terrorists to kill Lt. Col. T. N. Muthalif in May 2005. The DMI head was constantly portrayed as a threat to the peace process and an obstacle to the UNP’s efforts to reach an understanding with the LTTE, regardless of the consequences.

In the run-up to the raid on the DMI safe house, an officer attached to the organisation had aroused suspicions due to his attempt to obtain the address of the safe house. He had casually made inquiries from those who were believed to be involved in the operation. Although not being successful, initially, the detractor had finally managed to secure the required information.

Having won the parliamentary election in Dec. 2001, the UNP unceremoniously terminated operations inside enemy lines, which could have helped the government debilitate the LTTE. The DMI never conducted operations involving ex-LTTE cadres again, though Lt. Gen. Balagalle got the DMI to launch an operation which enabled the Special Forces to carry out some devastating attacks on the enemy.

It would be pertinent to examine an operation launched in July 2001 by the DMI until its conclusion in December, 2001. In spite of the failure of the first and second operations in Batticaloa South to eliminate the intended targets, subsequent strikes sent shockwaves through the LTTE.

The first targeted assassination attempt was directed at an LTTE cadre, identified as Jim Kelly, on July 18, 2001, followed by a foray on September 12, 2001. The second operation targeted a military wing cadre, identified as Jeevan. On September 17, operatives carried out a successful attack on ‘Major’ Mano Master, who was at that time in charge of the communications network in the area.

The LTTE curbed movements of its senior cadres as it struggled to thwart infiltrators causing havoc in areas under its control. Despite a major surveillance operation, undercover operatives successfully ambushed Karikalan’s vehicle on October 18, 2001. The destruction of the vehicle fuelled speculation of Karikalan’s demise, with a section of the media reporting him killed in a special operation. Shortly after the attack on Karikalan’s vehicle, the Army intercepted a radio conversation between Karikalan and his wife, a medical doctor by profession, serving in the Northern Province. “She simply begged him to leave Batticaloa and take refuge in the North to avoid the Army’s deep penetration operations.

“We scored a significant success on Prabhakaran’s birthday on Nov. 26, 2001. Troops finished off ‘Major’ Swarnaseelan and ‘Captain’ Devadas in the Pulipanjikkal area. It was the last operation before the Dec. 5 General Election. In fact, we weren’t too concerned about the political factor,” the official said.

Unknown to the Army, the Norwegians, the LTTE and the government had been engaged in serious negotiations, with the Norwegians eyeing a comprehensive agreement. Due to unprecedented success in their strategy, the LTTE pushed for a specific clause, prohibiting forays by Deep Penetration Units.

Amidst a furore over the UNP allegations that the Army was conspiring to assassinate Wickremesinghe, operatives blew up a truck killing five LTTE cadres on Dec. 11, 2001. Then again, they destroyed an LTTE bunker, at the entrance to a base used by Karuna, in the Kokkadicholai area, on Dec. 21, 2001.

Some of those officers involved in special operations and ex-LTTE cadres had mutual trust and friendship. One of the ex-LTTE men, holding the rank of a ‘Major’ killed in an LTTE attack at Kalubowila, sometime after the exposure of the Millennium City safe house, had played a pivotal role in the DMI operations.

Having failed to persuade the ‘Major,’ known as Suresh, to poison one of the intelligence officers spearheading covert operations in the East, the LTTE sent a hit squad to finish him off. “In spite of being outnumbered, Suresh fought back courageously. When Suresh refused to open the door to admit strangers, whom he swiftly identified as assassins sent from the East, one of the armed men shot at the door lock. Reacting to the threat, Suresh had thrown a hand grenade at the raiders, though one of them swiftly picked it up and flung it away. The hit squad fled the scene after taking the target. During a routine search, we found a diary maintained by Suresh. According to his diary, Suresh’s wife had been in touch with the LTTE for some time. On the instructions of the LTTE, she had asked him to invite the officer, whom the LTTE considered as a major threat, to their Kalubowila home, where she planned to offer him poisoned cake. Suresh had met the intended target and made an attempt to brief him on the LTTE plan. Unfortunately, the officer had reacted angrily when Suresh sought a private meeting to discuss the issue. According to the diary, Suresh had left without revealing his secret.”

Suresh wrote in his diary that he didn’t want to carry out the LTTE order as the Army looked after him and his family well. Even after his killing, the Army continued to look after his children for some time, though they were subsequently handed over to their mother.

Despite the setback suffered due to the Millennium City raid, the Army gradually redeveloped its capability in conducting operations behind enemy lines, with significant success during General Sarath Fonseka’s tenure as the Commander of the Army. With the expansion of security forces’ frontlines as troops advanced on several fronts against the LTTE held Vanni region, those conducting operations behind enemy lines had a wider area to operate and relatively easy access and exit after a major hit as the enemy no longer had any respite to plan counter measures.

Perhaps the most important target that had been taken out on information received by the DMI before the UNP put an end to such operations was Vaithilingam Sornalingam alias Col. Shankar Sornalingam, a close confidant of LTTE leader Velupillai Prabhakaran. Special Forces targeted Shankar’s vehicle with a claymore mine on the Puthukkudiyiruppu – Oddusuddan road on the morning of Sept. 26, 2001. Nothing could have shaken the top LTTE leadership more than Shankar’s killing by Special Forces. That particular operation stunned the LTTE as it had come to consider itself as invincible, helped by supporting propaganda, especially from the West, and by willing so called defence experts at a stage of the conflict where the then government clearly, out of fear or lacking any feelings for the country, was literally suing for peace on its knees and busy negotiating with the LTTE through the Norwegians. This was clearly revealed by the one-sided ceasefire agreement, advantageous to the Tigers drawn up by the Norwegians and signed blindly by then Premier Wickremesinghe even without the knowledge of the then Commander in Chief President Chandrika Kumaratunga and much of his government. Not that she was more suited for the job as she being more or less like a proverbial busybody with no sense of time and only good for idle chatter most of the time. The intelligence needed for the hit on Shankar had been provided by an informant working for the DMI, who, in fact, accompanied the patrol tasked with the operation, though not being present at the time the target was taken, those who were involved with clandestine operations said.

During Eelam War IV (2006-2009), the Army expanded operations behind enemy lines. Special Forces veteran Major J.A.L Jayasinghe, who had spearheaded the attack on Shankar, was killed in what a colleague described as a suicide mission on the Vanni east front on Nov 26, 2008 in the Oddusuddan area. At the time of the death, Jayasinghe was attached to the 3rd Special Forces Regiment, which specialised in action deep inside the LTTE-held area. Twice honoured with Weera Wickrama Vibushana (WWV), Jayasinghe was promoted to the rank of Lieutenant Colonel, posthumously.

Since its inception, the DMI has steadily grown into a large organisation that played a critical role over the years. At the time the combined security forces brought the war to an end, the DMI had six units deployed.

The country’s premier wartime intelligence setup DMI suffered irreparable damage as a result of the January 2002 raid. Of the five men who received compensation in 2004, retired Sgt. Major Jayamanne committed suicide in Oct. 2016 at his Kegalle residence by hanging himself. He left a note accepting responsibility for the assassination of The Sunday Leader Editor Lasantha Wickrematunga in January 2009. P. Ananda Udalagama has been investigated for the abduction of Wickrematunga’s driver and the attack on one-time Divaina Editor Upali Tennakoon.

(Concluded)

 

By Shamindra Ferdinando

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Midweek Review

Inequality is killing the Middle Class

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Gary Stevenson

Diary of a CitiBank Trader:

“I would like to have kids one day… and I’ll have to tell them, I made my money betting on the collapse of society, that’s the truth…”

–– Gary Stevenson

Gary Stevenson is a highly successful financial trader formerly employed at Citibank, in London’s historic central business district (CBD), colloquially called “The City”. A talented mathematics student, he earned a full-scholarship to the London School of Economics (LSE) and recalls noticing immediately that there were not many students at LSE with his background: “poor, working class” and even fewer at Citibank, where Stevenson earned an internship by winning a national mathematics contest. The 38-year old carries a strong East London accent that he admits made him stand-out quite a bit. Early on during his time at Citibank, somebody asked him “where’s that accent from, I love it”, he had to tell them that he was from East London, where they were standing, in Canary Wharf.

Speaking on a UK television interview show from February 2025, Stevenson says: “My YouTube channel, we got 1.2 million views yesterday in one day, ONE DAY… there’s a reason why I used to get paid 2 million pound-a-year to do this, because I’m [very] good at this okay, I shouldn’t be on YouTube, I shouldn’t be here, it doesn’t make no sense, I should be working for a hedge fund making 5 million pound-a-year… I’m here talking to you, talking to your audience because I can see… that the middle class, ordinary people, are going to be driven into desperate poverty…”

At Citibank in 2008, Stevenson earned a basic salary of GBP 36,000 but his first full-year bonus was GBP 400,000; he had amassed more money in 18 months than his father had in his entire lifetime. “Listen … these guys that tell you economics on the news, they get paid one hundred, two hundred grand a year, I got paid millions of pounds a year to do it because I’m the best at it and I still beat them, every year…The best economists in the world are all traders… the best-paid ten thousand economists in the world are all traders …”

By some estimates the Bank of England, the UK’s Central Bank, has injected around One Trillion Pounds (over GBP 1,000,000,000,000) into the UK economy since the 2008 financial crisis, during which period, living standards in the UK have been steadily deteriorating as a stagnant middle class struggles amidst a cost of living crisis.

The Uk are not alone, Governments and Central Banks around the world have injected hundreds of billions of dollars into their economies in the past two decades in response to extreme economic and social crises; eg: 2008’s financial crisis and the Covid19 global pandemic. The broad instruments were (1) quantitative easing (QE) – Central Banks purchasing financial assets such as government bonds and (2) direct fiscal ‘stimulus’ payments to business sectors and even individuals, usually funded by the Treasury.

In early 2011, Stevenson got called into a meeting with one of the Citibank’s top economists who went through the financial situations of a lot of the world’s major governments “so Italy, Spain, Portugal, Greece, Ireland but also the UK, US, Japan and what he said was basically, all of these governments are effectively bankrupt, they spend more than their income every year and they’re going further and further into debt… they’re being forced to sell their assets ….”

Where did all that Money go?

In response to the Covid19 pandemic of 2020, the UK Government engaged in QE using a 2009 program called the ‘Asset Purchase Facility’ (APF) and a fiscal stimulus called the Coronavirus Job Retention Scheme (CJRS) popularly known as the Furlough Scheme. The CJRS subsidised employee wages (up to 80% capped at GBP 2,500 per month), totalling GBP 70 bn from March 2020 to September 2021. The APF totalled GBP 450 Bn of UK Govt Bonds (and a small amount of UK Corporate Bonds) from 2020 onwards; the total portfolio peaked at GBP 895 Bn in late 2020 and was around GBP 680 Bn by end 2024.

Stevenson’s analysis suggests that QE has led to funds flowing into financial markets, inflating asset prices, be they stocks, bonds or property, thus disproportionately benefiting the owners of these asset classes – mostly the wealthy and ultra-wealthy.

Having graduated to a permanent position on the Trading Floor of Citibank in 2007, Stevenson’s job was to analyse and trade on interest rates. In the aftermath of the collapse of Lehmann Brothers, the US Federal Reserve slashed interest rates from 5% to 1% by October 2008 and before the end of the year rates were cut to a target range of 0.00% to 0.25%. In the UK, a similarly dramatic collapse of interest rates: 5% in October 2008 down to 2% in December 2008. Stevenson recollects that “suddenly, we’re all betting on when will the economy recover… bringing rates to zero is like an emergency measure… and the economic theory tells you this should cause a massive economic recovery and we obviously know now, it didn’t happen but at the time, every single year, the economists, the traders, the markets said: ‘next year rates will go up, which means next year the economy will recover’, literally every year 2009, 2010, 2011 all the way until 2020 and it wasn’t until Covid when they finally said, ‘okay rates will stay zero forever’ and then of course, rates immediately went to 5% ….”

This sequence of events suggested to Stevenson that, other than the elite Trading Desks of the world’s largest banks and hedge funds, most economists and market participants were not very good at predicting what would happen in their economies. “The way I became a millionaire is, after the financial crisis, I realised that because of a massive growth in inequality, we would basically never come out of that crisis and I started to put massive bets… that the economy would get worse and worse… and within a year of doing that, I became Citibank’s most profitable trader in the world ….”

The ‘Living Standards Outlook’ for 2023 by UK-based think-tank, Resolution Foundation, stated that “Absolute poverty is set to rise in the short-run, from 17.2 per cent in 2021-22 to 18.3 per cent in 2023-24 (or an additional 800,000 people in poverty). Child poverty in 2027-28 is forecast to be the highest since 1998-99, with 170,000 more children in poverty than in 2021-22”. The Joseph Rowntree Foundation states that “More than 1 in 5 people in the UK (21%) were in poverty in 2022/23 – 14.3 million people. Of these, 8.1 million were working-age adults, 4.3 million were children and 1.9 million were pensioners. A 2024 report by the Office for National Statistics (ONS) highlights that Real Household Disposable Income (RHDI) per person had grown at the slowest pace for the poorest 50% of the population and income inequality is widening, those in the lower 20% of the income distribution have seen stagnant or even falling real incomes over the last two decades.

A 2018 Bank Of England report titled, ‘The Distributional Impact of Monetary Policy Easing in the UK 2008 – 2014’, (Bunn et al) states that while in percentage terms, the gains were evenly spread, there were still major distributional issues such as wealthier households gaining more because they held more assets that appreciated due to QE: “the overall effect of monetary policy on standard relative measures of income and wealth inequality has been small.

Given the pre-existing disparities in income and wealth, we estimate that the impact on each household varied substantially across the income and wealth distributions in cash terms ….”

From Progress to Poverty 

In 2014, ThinkTank, Centre for American Progress (CAP) released a report titled ‘The Middle-Class Squeeze’ submits that American “middle-class share of national income has fallen, middle-class wages are stagnant, and the middle class in the United States is no longer the world’s wealthiest… The cost of being in the middle class—and of maintaining a middle-class standard of living—is rising fast too ….”

In his 2019 book, ‘Third Pillar’, former Governor of the Reserve Bank of India, Raghuram Rajan discusses the impact of the middle-class squeeze on communities: “The anxieties of the moderately educated middle-aged white male in the United States are mirrored in other rich developed countries in the West… moderately educated workers are rapidly losing, or are at risk of losing, good ‘middle-class’ employment, and this has grievous effects on them, their families, and the communities they live in… as public anxiety turns to anger, radical politicians see more value in attacking imports and immigrants. They propose to protect manufacturing jobs by overturning the liberal rules-based postwar economic order, the system that has facilitated the flow of goods, capital, and people across borders”.

Stevenson notes that “we increased inequality at the fastest rate in the history of this country during a time when the economy was closed. Only luxury and non-essential spending reduced during covid; they gave money to furloughed workers, who… then had to spend most of it immediately to pay bills”. Furlough was not a gift but a replacement of a portion of wages of working people who transferred that to: landlords through rent, shareholders of Banks through mortgage payments and shareholders of energy companies through higher bills. Stevenson says the wealthiest in society earn massive amounts of passive income from the assets they own; monthly incomes so large it is impossible to spend it all on consumer goods so instead it leads them to hoard wealth by buying assets.

This correlates to rising house prices, which Stevenson analyses as occurring in a context where almost all other asset classes have seen broad and significant appreciation over the last 20 years: major stock indexes such as S&P 500, FTSE 100 and FAANG (tech stocks), Real Estate, Bonds (until the 2022 crash), Gold etc. Stevenson’s basic claim is that the ultra-rich are buying up all the assets with the excess liquidity and driving up the prices of those assets. “If you have the wealth of the rich going up 5% and an economy that’s growing at 1 or 2%, there is nothing they can do, they outgrow the economy. The rich are squeezing the middle class out.”

A Betting Man

Sri Lanka’s own growing wealth and income disparities are well-established. A December 2022 report by the Department of Census and Statistics (Dharmadasa et al) notes that “the highest 10 percent of the population shared 32 percent of total income in 2016 while the lowest 10 percent of the population shared 3 percent in the same year”. The World Inequality Lab states that the “top 10% of Sri Lankans… own 64% of all personal wealth; the top 1% have 15% of all income and 31% of all wealth. The bottom 50% of Sri Lankans have just 17% of all income and only 4% of all personal wealth”.

A report by the Centre for Poverty Analysis (CEPA) from January 2021 prior to the economic crisis and the worst impacts of the pandemic, states that, “more than half the total household income of the country is enjoyed by the richest 20%… while the bottom decile (poorest 20%) gets only 5%, with share of household income being just 1.6% for the poorest 10%.”

Dr. Vagisha Gunasekera, an Economist attached to the United Nations Development Program (UNDP), was quoted in a poverty report from 2023: “The top one percent of Sri Lankans own 31 percent of the total personal wealth, while the bottom 50 percent only own less than 4 percent of the overall wealth in the country. This provides us with a snapshot of how unequal our country is”. The UNDP report called Sri Lanka one of the most unequal societies in the South-East Asian region.

Gary Stevenson is part of a group of UK-based high net-worth individuals called Patriotic Millionaires who are campaigning for a minimum 1% wealth tax on wealth over ten million pounds: “if you were worth 12 million pounds you pay 1% on 2 million pounds, which is 20,000 a year”. This would only impact a very small portion of tax payers and would raise between 10 and 20 billion pounds annually; in a context where the new Labour Government under Prime Minister Starmer has announced plans to cut more than five billion pounds from its welfare budget by 2029/30.

Sri Lanka, almost 3 years after a once-in-a-generation economic collapse and an IMF-backed revenue-based fiscal consolidation program, has barely been able to improve its income tax to GDP, depending instead on VAT and other indirect taxes as well as excise duty on alcohol and cigarettes. Corporate Tax to GDP on average was 1.5% for ten years before increasing to 2% in 2024, woefully below what more successful countries in our development peer-group tend to generate. While the government lost some Rs. 950 Bn in tax revenues from corporates in the last 21 months due to incentives, the working people of Sri Lanka continued to carry the burden of government revenue growth through VAT. Health, education systems are crumbling, more than 50% of households receive cash stipends from the government while demand for luxury vehicles remains, with depreciating assets like luxury SUVs priced at the same level as a luxury condominium unit in central Colombo. The prevalence of these dynamics and what it says about the internal economic distribution systems point to unsustainable economic arrangements and asset bubbles amidst rising income and wealth inequalities.

Stevenson notes that “My dad lived in an era of house price two-times income, I live in house-price 20-times income, my kids will live in 40-times income…” The point is simple: inequality is driving a historic concentration of wealth at the top of income and wealth structures. “Nobody likes paying tax, but the fact of the matter is, the wealth of the middle class and the wealth of the government is being drained by this super-rich group, how do we get it back? Rishi Sunak is worth 700 million pounds, that means he has a passive income every year of 30 million pounds… they use their passive income to buy more assets… tax is the only way that you, a regular working person, can protect yourself from the superrich”.

What makes Stevenson a fascinating and effective messenger is that he is still trading, making bets on the economy: “I don’t get paid to have opinions… I was one of the best paid and most successful traders in the world at one of the biggest banks in the world, I place bets and l’ve been betting for 14 years that the working class in my country and the working class in your country will collapse into desperate worsening poverty year after year and, I’m a multi-millionaire from doing that… I don’t just say this, I don’t just come on here and give my opinions, I’m betting on everything I’ve told you today….”

The writer has 15 years of experience in the Financial and Corporate sectors after completing a Degree in Accounting and Finance at the University of Kent (UK). He also holds a Masters in International Relations from the University of Colombo.

He is a media presenter, political commentator and Foreign Affairs analyst, invited regularly on television broadcasts as a resource-person.

He is also a member of the Working Committee of the Samagi Jana Balawegaya (SJB).

By Kusum Wijetilleke
kusumw@gmail.com
Twitter: @kusumw

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Midweek Review

Of Books and Bread

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By Lynn Ockersz

A learned judge across the Palk Strait,

Had certainly got his basics in place,

When he held for the primacy of Bread,

And received wisdom freshly upheld,

That it is to the eatery and not the library,

That a starving human drags himself,

Thus putting to rest at first blush,

The Bread or Books first debate,

But rush not to conclusions in this instance,

For, while Bread satisfies the physical self,

It’s Books that nourish the heart and mind,

So, let not Books and Bread futilely contend.

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