Connect with us

Features

BEYOND REASONABLE DOUBT ?

Published

on

THE KILLING OF A PRIME MINISTE

by Sanjiva Senanayake

PART II

WHO SHOT THE PM ?

The first point that had to be proved by the prosecution beyond any doubt was that Somarama actually pulled the trigger. Without that the entire case, conspiracy and all, would fail.

Despite the large number of people present that morning, only three ‘eye-witnesses’ were called by the prosecution to establish that Somarama was the actual shooter. They were :

(a) the Buddhist monk Niwanthidiye Ananda (NA)

(b) one of his acolytes from Polonnaruwa named Wedage Piyadasa (WP) and

(c) a teacher named Wijekoon Wickramasinghe (WW)

The evidence of NA :

Ven. Ananda said that the PM, after finishing speaking with him, took a few steps toward Somarama and then turned back to inquire if Ananda was satisfied. He then went over and worshipped Somarama, who remained seated, and asked why he had come. Then the PM took a step backward. Ananda had turned round and bent down to collect his belongings when he heard two rapid gunshots. Somarama then pointed the revolver at Ananda who closed his eyes in terror. He then heard some more shots but didn’t see Gunaratne being injured. When he opened his eyes, he saw Somarama holding a revolver, biting his lip and with bulging eyes, follow the PM as he stumbled into the house. The monk did not say he actually saw Somarama firing the gun. In the Magistrate’s Court he had said “I did not see the actual act of firing. As I turned, I saw the accused holding a pistol in his hands levelled at the PM”.

Ananda then jumped over some flower pots into the garden, ran up to the main gate and shouted at the sentry there, grabbing him by the arm. He told the sentry that the PM was being shot and to protect him. Then as Ananda returned to the house, he saw the injured Gunaratne stagger out bleeding and he took him to the gate and requested bystanders to send him to hospital. He said he then went into the bedroom where the injured PM was lying and spent a few moments in contemplation until he heard a commotion in the central corridor outside the room. When he came out, he found a bleeding Somarama on the floor being assaulted and joined in by kicking and hitting him with his slippers. Somarama wanted some water and Ananda asked one of the servants to bring some. Before he could give the water, Somarama vomited blood and fainted. Then, when Ananda and one of his acolytes (Yatawara) were tying Somarama’s hands together, DIG Sidney De Zoysa turned up and ordered them to stop. Ananda then left and went to his temple in Kollupitiya.

However, the police sentry, in his evidence, said that no monk ever came and spoke to him at the gate. Instead, he said that, when he came running toward the house on hearing the shots, an old gentleman pointed out Somarama as the assailant. Furthermore, DIG Sidney de Zoysa said under oath that there was no monk other than Somarama in the premises when he arrived. He also said that there were no signs of Somarama’s hands being tied, and that it was he who sent the injured Gunaratne to hospital.

The evidence of Wedage Piyadasa (WP) :

WP corroborated Ananda’s (NA) evidence on some of the main points including the version about alerting the sentry. WP had run out with NA soon after the shooting but then went out of the gate and did not return to the house thereafter. It is reasonable to expect WP to back up NA, a monk he was faithful to and on whose patronage he was dependent.

However, WP also said that Somarama deliberately aimed and fired at Gunaratne. It does seem strange though, that an assassin would take time off to shoot an innocent man while his prime quarry was getting away from him and escaping into the house. If the prosecution believed this story, they should probably have charged Somarama with the attempted murder of Gunaratne too.

The evidence of Wijekoon Wickremasinghe (WW) :

WW was standing in the other wing of the verandah from Somarama and his view was blocked by intervening bodies, including that of the PM. In the Magistrate’s Court, just a few months after the shooting, he had said, “I heard the shots from the direction where the Prime Minister and the monk in the corner were. I was unable to see anything at that time because my view was obstructed by the Prime Minister.”

However, his later evidence in the SC was very different. He said that, as the PM approached Somarama, the latter sprang up, took a few steps to his left (i.e. away from the garden) and started firing. By a happy coincidence, this alleged move by Somarama would have better placed him in WW’s line of sight. However, the likelihood of Somarama shooting after such a movement is cast in further doubt by forensic evidence, as explained below.

Furthermore, WW’s evidence in the SC contradicted the evidence of the other two, NA and WP, by saying that the PM did not reach, worship or speak with Somarama before the latter started shooting.

The evidence given by eye-witnesses, especially in circumstances where they themselves are in danger, and probably taking evasive action, can be somewhat unreliable. However, if the accounts of several eye-witnesses are also inconsistent with one another on major points, then the evidence becomes dubious. The reader can decide on the credibility of the evidence of these three eye-witnesses. There is plenty of authoritative material on the internet about the pros and cons of eye witnesses.

In summary, no clear, consistent, unambiguous eye-witness evidence was produced in the Supreme Court to definitively establish that anyone actually saw Somarama firing the weapon. The prosecution did not call more eye-witnesses from the long list of people interviewed by the police in order to establish guilt beyond any doubt and close the case out. It’s fair to assume that there were no such ‘reliable’ witnesses.

THE FIRST BULLET

The forensic evidence that was presented at the trial, which is not dependent on any witness’s testimony, also raised a vital question. ASP Tyrrell Goonetilleke of the CID, who was at the scene within one hour of the shooting, made precise notes of the physical damage caused by the bullets in addition to other relevant facts. He noted that one bullet travelled almost at right angles to the line of the verandah, and went into the house. It pierced a glass pane of a French window separating the verandah from the hall inside, at a height of only 4 feet 3 inches above the verandah floor and hit the back wall of a second living room, well inside the house, at a height of 13 feet. Blood and fragments of flesh were found where it hit the wall confirming that it had struck the PM. Several people who were present had mentioned that the PM jerked his hand and cried out in pain soon after the first gunshot was heard.

The Judicial Medical Officer, Dr. W.D.L. Fernando, who examined the PM’s injuries on the day of the shooting described the related wound as follows –

1. A punctured lacerated wound on the back of the left wrist – an entrance wound

2. A punctured lacerated wound on the back of the left hand – an exit wound

Injuries (1) and (2) corresponded and were caused by the same bullet which passed only skin deep through the hand.

This was a relatively minor wound and, naturally, most of the attention was focused on the three bullets that entered the torso of the PM leading to his death. However, it is the first bullet fired that created most doubt about Somarama’s guilt. The injury caused by that first bullet, and its trajectory, is only compatible with the shot being fired from the garden outside, which was at a lower level than the verandah. There was never any suggestion of a scuffle, a second gunman or a second gun and the Government Analyst established that all six bullets were fired from the same revolver that was recovered at the scene.

The crucial question is, how could Somarama have fired that bullet from where he was seated and caused that injury to the PM, who was facing him in worship?

As for Wickremasinghe’s (WW’s) evidence, if Somarama stood up and moved to his left as the PM approached before shooting, the height and trajectory of the first bullet would be absolutely impossible for Somarama to achieve.

SOME LEGAL ASPECTS

It is important to bear in mind that the onus is on the prosecution to prove beyond reasonable doubt that the accused are guilty. Defence counsel do not have to prove that their clients are ‘not guilty’. The benefit of doubt goes to the accused. The accused are not even required to give evidence and, in this case, only Newton Perera testified, for reasons decided as advantageous by his counsel. However, Somarama made a statement from the Dock on which he was not open to cross-examination.

The process that prevailed was for the prosecution to submit a list of names of witnesses at the beginning of the trial. If the prosecution chose not to call a witness in their list, the defence could do so, if it saw a specific advantage. However, the defence would then have to lead the evidence and lose the opportunity to re-examine the witness following examination by the other counsel. It was a risky move because there was no opportunity for the defence to counteract impressions created in the minds of the jury through the testimony of that witness during examination by the other counsel.

As the counsel representing Buddharakkitha said in his summing up –

“Although Mr. Chitty has told you that the defence could have called any prosecution witness it liked, there is a big difference between the prosecution calling such a witness and the defence doing so. The defence has no access to the information book or to statements made by witnesses to the police. Is it not a terrible risk for the defence to take, to call a prosecution witness when it has no access to these statements and no opportunity of examining the witness in advance?

Further, when the defence calls a prosecution witness, it cannot cross-examine him, as it could do if he were called by the prosecution.”

(Weeramantry – page 296)

It’s important to note that only the Judge and prosecution counsel had access to the police investigation notes (Information Book), which also included statements made by various individuals to the police.

Having the last word is of great value in court, as it is in life. This principle is also of great importance when it comes to deciding the order of the final addresses to the jury by counsel, which is then followed by the charge to the jury by the Judge. The process applicable in 1961 is succinctly explained by Weeramantry in his book as follows –

“The Ceylon Criminal Procedure Code lays down that counsel for the accused ordinarily enjoys the right of reply to the Crown. If, however, counsel for an accused calls evidence for the defence other than that of the accused himself, he loses that right and must address the jury before the Crown does so. Counsel for the 3rd, 4th and 5th accused, having called evidence on behalf of their respective clients, had therefore lost their right of reply and had, in consequence, to address before the Crown. Counsel for the 1st and 2nd accused, however, having called no evidence on behalf of his clients, preserved his right of reply.”

(Weeramantry – page 232)

Thus, the counsel who represented Buddharakkitha and Jayawardena had the opportunity to listen to the final summing up of all the other counsel and then tailor his address accordingly to have maximum impact on the minds of the members of the jury. It was a strategic decision that he took.

The final line up to address the jury, in order, was –

1. Counsel for Anura de Silva, the 3rd accused (K. Shinya).

2. Counsel for Talduwe Somarama, the 4th accused (Lucian Weeramantry)

3. Counsel for Newton Perera, the 5th accused (Nadesan Satyendra)

4. The Crown (George Chitty)

5. Counsel for Mapitigama Buddharakkitha and H.P. Jayawardena, the 1st and 2nd accused respectively (Phineas Quass)

THE RETURN OF THE HANGMAN

The debate on the pros and cons of capital punishment during that period casts some light on the attitude and approach of the decision-makers on justice within the government toward the accused in this particular case.

PM Bandaranaike was firmly opposed to the death penalty. In May 1956, within weeks of his inauguration, a Bill titled Suspension of Capital Punishment was presented in Parliament and passed overwhelmingly with just one vote against it. However, it was defeated by a slight majority in the Senate. Bandaranaike persisted and finally the Suspension of Capital Punishment Act No. 20 of 1958 took effect on May 9, 1958. It was still ‘suspension’ and not ‘abolition’.

A Commission was then established in October 1958 by the Governor General to study and report on the advisability of the death penalty. It was headed by Dr. Norval Morris, an academic from Australia who was internationally known in the field of criminal law. The Morris Commission held intensive interviews and consultations, analysed relevant data regarding the efficacy of capital punishment in reducing crime and considered broader social and economic issues and implications. The subject even came up during the SC trial, and Justice T.S. Fernando himself mentioned that he appeared before the commissioners in strong support of the death penalty. The Commission’s report, recommending continuation of the suspension was issued in that fateful month – September 1959.

On October 2, 1959, within seven days of Mr. Bandaranaike’s passing, the suspension instituted by him was removed by an extraordinary gazette. Subsequently, the Suspension of Capital Punishment (Repeal) Act No. 25 of 1959 was passed in Parliament and took effect on December 2, 1959, even before the magisterial inquiry on the assassination had commenced. This new law reinstated the death penalty, retrospectively, for those found guilty of murder and repealed the previous legislation.

It is ironic that the death penalty was brought back specifically to hang the assailant for whom the PM had called for clemency from his death bed.

That was not all. By an oversight, the death penalty was only reintroduced for murder, and not conspiracy to murder, which meant that the first and second accused could not be executed. Thus, although death sentences were pronounced in the SC, the Court of Criminal Appeal altered their sentences to life imprisonment.

The government then came up with the Capital Punishment (Special Provisions) Bill which was scheduled for discussion in Parliament on January 18, 1962. It sought to retrospectively include the death penalty for conspiracy to murder, and annul the sentences of the Court of Criminal Appeal on Buddharakkitha and Jayawardena. Since it was clearly targeting the accused in the assassination of the PM, and not based on any general legal policy or principle, there were massive protests and opposition. Colvin R. De Silva called it ‘murder by statute’. Under pressure, the government withdrew the Bill one week later, on January 25.

The abortive coup d’état of January 27, 1962 followed a couple of days later and the government’s legal campaign shifted to another arena, where retrospective legislation was once again used.

However, Somarama’s fate had been sealed one week after the PM died, and he was hanged on July 6, 1962.

TO BE CONTINUED …..

The writer can be contacted on this subject at skgsenanayake@gmail.com



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Our rice crisis: A holistic solution – I

Published

on

By Emeritus Professor Ranjith Senaratne
Department of Crop Science, University of Ruhuna (ransen.ru@gmail.com)


Present scenario

Recent prohibitive prices of rice and its unavailability caused untold hardships and inconveniences to the people of the country. The problem was so severe that it posed a serious constraint even on celebrating the new year and Thai Pongal this year, which was unprecedented in living memory. Given the complex, intractable multi-faceted and multi-dimensional nature of the problem, there are no quick fixes. The value chain of rice encompasses the entire process of production, from the initial planting of rice by the farmer to the final sale of processed rice to the consumer. This chain involves many stages, such as land preparation, planting, fertilization, irrigation, weed management, pest and disease control, harvesting, threshing, drying, milling, grading and sorting, storage, packaging, distribution, and retail. This invariably entails a large number of diverse actors and players, including farmers, traders, millers, wholesalers, distributors and retailers and a host of public sector institutions, including the Dept. of Agriculture, Meteorological Department, Agrarian Services Department, Paddy Marketing Board, Consumers Affairs Authority and banks. Besides, the rice value chain is closely linked to several sectors, including land, water, environment, energy, transport, machinery and fertiliser which further exacerbate the issue, adding to its immensity and intractability.

There have been a plethora of newspaper articles and discussions, including useful and constructive ones, on how to deal with the rice crisis. However, they have mainly addressed only certain aspects of this huge, multi-dimensional and complex problem. Given the nature, magnitude, urgency, complexity and far-reaching social, economic, health and political implications and ramifications of the issue, a holistic systems approach is essential, without further delay, in order to prevent the recurrence of such untoward situations in future and to find a sustainable solution to this “island–shaking” issue. This article attempts to define this critical problem and outline the interventions needed to address it effectively.

Key problems and challenges and proposed interventions

A problem well defined is half solved. Therefore, I wish to identify the key factors contributing to this multi-dimensional problem and outline the interventions needed.

= Lack of required data and databases and unreliability and non-interoperability of the data available.

= Uncontrolled and unregulated cultivation of rice in almost all districts without paying due attention to land suitability and potential yield and cultivation of varieties for profit maximization without regard for the consumer preference and national demand.

= Inefficient and indiscriminate use and management of resources.

= Low and stagnant yields, resulting in high cost of production and high prices of rice.

= Presence of a large number of economically non-viable fragmented paddy fields and small holders (more than 70% of paddy holdings are less than 1 ha and only about 5% of farmers have holdings greater than 2 ha).

= Prohibitive prices of the imported pesticides and weedicides and the lack of controlled prices. As in paints, discounts up to 40%, or even more, are given to large scale farmers, while the resource-poor small farmers, who are the vast majority, get only a measly discount, resulting in higher cost of production and less profit.

= Inadequate adoption of modern technology.

= Inefficient, inadequate and outdated field advisory service with hardly any application of digital technology.

= Heavy post-harvest losses up to 15-20%, including during storage.

= Lack of satisfactory marketing channels and failure of the governments to date to regulate the oligopolistic competition resulting in unfair prices for the farmers and consumers.

= Announcing the guaranteed price of paddy by the government only after the harvest, instead of prior to the beginning of the cultivation season; this provides no opportunity and space for the farmers to decide whether to go into commercial production and, if so, to what extent.

= Voiceless farmers and toothless farmer organizations.

= Lack of robust laws governing the hoarding of essential food commodities, including rice, by some large scale millers, traders and farmers

= Extreme climatic conditions.

Defining the problem

Agriculture consumes over 80% of fresh water and occupies around 40% of land in the country which is not sustainable given the other important competing considerations. Moreover, of the 8 million national workforce, about 2 million (25%) is engaged in the agriculture sector of which around 1 million is in the paddy sub-sector. Paddy, with a total extent of over 700,000 ha, is cultivated in over 20 districts in the county and an appreciable yield variation is observed between districts, i.e. from 3 to over 7 metric tons/ha depending on the soil and climatic conditions, management regime, variety used, etc. As the national average is only about 4.3 metric tons/ha, there is considerable scope for yield improvement by cultivating rice in high potential areas and improving crop management. Besides, in order to produce 1 kg of rice, nearly 2,000 litres of water is generally required in Sri Lanka, which is extremely high and unsustainable.

Lack of reliable data related to the rice sub-sector

This issue has been highlighted time and again and the high priority accorded by the government to transform Sri Lanka into a digital economy should prove very useful in this regard. Given below are some key indices that need to be determined with reasonable accuracy through digital interventions in order to address the rice issue.

= Extent of paddy fields cultivated district-wise during Yala and Maha seasons, including information on ownership and mode of production, whether self or “anda”? Each holding and its owner should be given a QR code so that the vital statistics and facts could be digitally recorded, which should then be used in providing the fertiliser subsidy, bank loan, crop insurance, etc., and selling the produce. This should be updated at the beginning of each season. In addition to the staff of the Department of Agriculture, Agrarian Services Department, Mahaweli Development Authority and the Vidatha Resource Centres (260) across the island, the Universities in the respective provinces could also be harnessed in this regard.

= Distribution of paddy holdings district-wise based on size, i.e. small (< 0.5 ha) , medium (> 0.5 and < 5 ha) and large (> 5 ha).

= Extent cultivated district-wise identifying the holdings cultivated for personal consumption and commercial production

= Level of usage of fertilisers, weedicides, pesticides, labour, water, machinery, etc.

= Average yield, district-wise, for Yala and Maha for the major types cultivated, i.e. Red Kakulu, White Kakulu, Nadu and Samba.

At present, a standard procedure is not followed when reporting yield, thus the figures reported cannot be compared because of different sampling procedures, sample sizes, moisture content, etc., and rice is sold in different forms, i.e. with husk. after milling, or after both milling and polishing.

In order to ensure interoperability of data, the procedure recommended by the FAO must be followed. (https://openknowledge.fao.org/server/api/core/bitstreams/909e539d-60eb-49d1-9539-192d262176ec/content)

= National requirement of the said types of rice with district-wise break-down and data on fluctuations in demand and price across the year.

=Classification and mapping of rice cultivating areas/fields (i.e. low, moderate and high potential) in each district/AGA division using digital technologies. such as GIS and remote sensing. Commercial paddy cultivation should not be permitted in low potential areas/fields and no subsidies should be provided for those cultivating in marginal fields for home consumption.

=Identification of outstanding lead farmers in each AGA division and district, so as to obtain their services to improve paddy production in the area.

= Identification of districts with excess, adequate and deficit rice production showing the degree (%) of excess/deficit.

= Paddy storage capacity of public sector and private sector institutions district-wise. (Information gathered under 9 and 10 will prove useful in minimising the “food mileage”, carbon footprint, cost of transport and market price of rice, and in identifying areas where storage capacity should be expanded and new storage facilities should be established.

= Quantities of rice used by industry, including SMEs, for making noodles, confectionaries, beer and other major rice-based products

Inefficient use and poor management of resources

Agriculture, as said earlier, consumes over 80% of water and occupies around 40% of land in the country; this is excessive and disproportionate, given the needs of the other sectors. For instance, paddy is grown in over 20 districts in Sri Lanka with a total extent over 700,000 ha. Besides, more or less the same amount of fertilisers and pesticides are used in the paddy production across the country, irrespective of the yield potential, i.e. 2,500 or > 7,500 kg ha-1. Consequently, a considerable variation in the cost of production (CoP) of a kilo of rice is evident among districts, i.e. between in Ampara and Kalutara. Therefore, every attempt should be made to expand the cultivation of paddy in high potential areas as far as possible so as make to rice available to the consumer at a cheaper price and improve the socio-economic standard of the paddy farmers.

Today water is a growing source of global conflict in nearly 50 countries in the world. Climate change and the ever-increasing population combined with growing economic and social imperatives and needs will create intense competition for water. Therefore, it is important to manage water efficiently. If suitability mapping is done and agro-climatic and soil potentials are optimized and matched with the agronomic requirements of rice, then the same level of production could be achieved from the dry zone with about half of the current extent cultivated. However, in order to ensure food security, commercial paddy cultivation in high potential areas in the wet zone should be maintained and necessary steps should be taken to remove the legal impediments for the cultivation of other crops in marginal paddy fields in the wet zone. As around 70% of the fertilisers and pesticides imported are used for paddy, the above proposal will help not only to reduce the price of rice and the imports to save much needed foreign exchange, but also to cut down environmental and health issues associated with paddy cultivation.

Excess of unproductive labour

In Malaysia, only 11.1% of the labour force is in agriculture, which contributes nearly 8 % to the GDP. On the other hand, Sri Lanka with over 25% of its labour force in agriculture contributes only around 7% to the GDP. While factors such as greater value addition in agriculture in Malaysia have contributed to the above situation, the low productivity of Sri Lankan agricultural labour is a major contributor to it. Therefore, by improving the land and labour productivity, about 50% of the agricultural labour force, i.e. about one million, can be transferred to the manufacturing and service sectors after reskilling and retooling without affecting rice production and offering better socio-economic conditions to the marginal farmers. (To be continued)

Continue Reading

Features

Many ‘firsts’ of the Buddha

Published

on

By Dr Upali Abeysiri

May I be permitted to add to the thought-provoking article, “The Buddha I believe in” (The Island, 24th February) by my very good friend Dr Upul Wijayawardhana, a few comments on some of the ‘firsts’ achieved by the Buddha. When we were young medical students in the early sixties, living at the just established Jeevaka Buddhist Medical Hostel, named in honour of the physician to the Buddha, I never imagined that Upul and I would be sharing a passion for the study of the scientific aspects of Buddhism, in the evening of our lives!

The Buddha, born a human being, is characterised by his superhuman achievements. His unique wisdom, compassion, exemplary life style and leadership made some deify him. He was the first to establish a democratic code of conduct as enshrined in the Vinaya pitaka. However, the Western world has continued to ignore many of his ‘firsts’ at the same time using them liberally, sometimes even crediting others instead. In fact, there were attempts to change the period of Buddha’s life to corroborate the narrative that the Buddha was influenced by Greek philosophers whereas the truth was just the opposite.

Some of the firsts achieved by the Buddha are as follows:

He showed that there is no permanent entity in living beings, be they named the spirit, soul or athman, but a constantly changing psychic component that depends on the physical component and vice versa. He agreed with Mahavira, the contemporary Jain teacher, that there is no creative god but disagreed with Mahavira’s belief in a permanent entity, athman. Some wrongly attribute Buddhist philosophy to be a variant of Vedic and Jain philosophies, despite the description of the summum bonum: Nibbana in Buddhism.

The Buddha also showed that the psyche is not a permanent entity but consists of a stream of units arising and ceasing. However, Western scientists attribute the first description of the momentary nature of consciousness to William James, the nineteenth century American philosopher who is considered the father of American philosophy.

He was the first to state that physical items are constantly changing processes though we misperceive as substances; solids, liquids, and gases (description of Mahabutha or elementary physical processes in Abhidhamma pitaka). Quantum physics has since discovered that quantum particles that make the universe are waves but appear as particles when we observe and that matter and energy are interchangeable. Buddha further stated that basic processes arise, decay, and cease due to many conditions replaced by new processes. Similar new processes arise to replace the ceased processes provided similar conditions for arising exist. However, as conditions themselves change, the newly arisen conditions also change. Thus, he described the universal characters of impermanence (anicca) leading to unsatisfactory nature (dukkha) with emptiness of a permanent entity in the universe (anatta and sunyata).

He classified the animal kingdom into four categories according to type of birth; andaja or egg borne, jalabuja or womb borne, sansedhaja or formed in an external medium and opapathika or spontaneous birth. However, the first classification of the animal kingdom is attributed to Aristotle who lived about three hundred years later. He classified according to motility such as flying, swimming, or moving on land; on birth as egg borne or womb borne. Since then, his classification has been abandoned as inaccurate, for example flying animals include insects, mammals, and birds as one category. Classification by Buddha agrees with modern science, perhaps, except for replacement of spontaneous birth by cloning achieved through current scientific methods, as spontaneous birth is not recognised as it is not yet proven by scientific methods.

Buddha described six sense organs in contrast to five attributed to Aristotle who did not include the mind. As modern science now shows that some information such as position of joints, visceral pain, memorised data etc. arrive directly to the mind, Buddha’s classification seems vindicated.

He described infinite world systems (lokadhathu now named galaxies) in the universe into thousand-fold, ten thousand-fold, etc., scattered in space. Further, he expounded that the universe is in a cyclic process expanding and contracting for eons before dissolution and reformation (samvatta or eons of destruction, samvattatthayi or eons of continuation of chaos, vivatta or eons of world formation and vivattatthayi or continuation of formation as well explained in Anguttara nikaya; group of fours and group of sevens suttas). He also explained how several suns appear before destruction of the universe (Anguttara nikaya group of fours sutta).

This parallels the description of black hole formation in science. Apart from further classifying the living beings of the universe, depending on the development of the mind and results of past kamma to 31 planes, he refused to discuss cosmology any further as it was not conducive to progress in the path of purification of the mind. What little he described was to illustrate impermanence as a universal characteristic. Later authors confused this classification by trying to fit it into the knowledge of the universe in ancient India around a mountain Mahameru based on Hindu mythology. The new theory on the universe is attributed to Stephen Hawkins who postulated that it started with a big bang from a singularity which agreed with the creation theory. However, shortly before death, he with his colleagues, advanced a new theory; the universe existed and contracted to a singularity before the big bang (As described by his colleague Bernard Carr, emeritus professor of astronomy in the New Scientist, 1 April 2023: p47).

The Buddha was the first to distinguish that while seeing and hearing are between the object and the subject at a distance, which he termed asampatta, smell, taste and touch are due to direct contact between the object and the subject (sampatta) and that there is a difference between touch and all other senses. The reason given in Abhidhamma for this difference is that contact between the basic physical processes of the object and the basic physical processes of the body sense bases of the subject are more forceful in touch in comparison to others like smell and taste.

According to quantum physics, in touch what is felt is the repulsive force between electrons of the physical processes of the object and the subject and that there is no real contact or chemical reaction between them whereas in smell and taste the physical processes of the object and subject exchange electrons and chemical reaction happens to stimulate the senses (New Scientist, 8 April 2023: p37) which confirms what the Buddha stated.

He was the first to describe breathing meditation (Anapana Sathi) without interfering in the normal process of breathing. This contrasted with meditation on physical and psychic objects were practised in ancient India (including application of breath control or pranayama supposed to awaken hidden powers of the body) with some attaining prolonged focus of the mind on a single object, also called absorption or jhana but not attaining enlightenment. It is insight meditation (vipassana) that the Buddha invented which leads to that path.

The Buddha described the mental factor sati or mindfulness as the basic ingredient in meditation which has now been given a new name in psychology; metacognition.

As Upul correctly stated the Buddha was a human being, not supernatural, with an intellect so far unsurpassed in human history. His many firsts have laid a path for us to follow if we are to escape from the ever-pervading sense of dissatisfaction.

Continue Reading

Features

‘Office for Reparations finalising payments; all grants to be completed by end of March’

Published

on

Easter Sunday attacks:

Interview with Dhara Wijayatilake,
Attorney-at-Law,
Chairperson,
The Office for Reparations,
on disbursements from the Easter Attack Victim Fund.

by Saman Indrajith

Q: How did the Office for Reparations set about making compensation payments to victims of the Easter Attack?

A: We don’t like to call these grants “compensation” because you can never really compensate victims in such tragic circumstances. We refer to these grants as monetary relief and in the context of the concept of “reparations”, monies are granted to assist victims in the process of restoring their normal lives.

In 2019, soon after the Easter Bomb attack, monies were paid out to victims from funds made available by the Government through the Consolidated Fund, in compliance with government circulars that were applicable to all such situations. The Cabinet had decided how much should be paid to each category of victims. There were two categories – Next of kin of those who had died, and those who had suffered injuries. These payments were made speedily and completed by about October 2019.

Thereafter, on an order of the Supreme Court in January 2023, the “Easter Attack 2019 Victim Fund” was established by the OR to receive monies ordered to be paid by respondents in certain Fundamental Rights applications. In compliance with the order of the Supreme Court, the OR formulated a scheme to grant monies from this Fund.

The sums ordered to be paid by the respondents did not come in all at once. The remittances came in stages. So, each time we received a sum that was adequate to disburse, we identified the most vulnerable victim category and made grants as per our priority policy. So, families of deceased and those permanently totally disabled, and severely injured, received grants on a priority basis.

When more money came in, we had enough to expand the grants to wider categories. We then formulated a Disbursement Policy to make grants.

The OR believes in transparency and in making relevant information available to the public, so all these schemes and the Policy and sums disbursed to the different categories were uploaded to our website in real time. We did not however reveal the identity and amounts disbursed to individuals to safeguard their privacy.

Q: How did you publicise the fact that grants were being given?

A: We did not need to publicise it because we were dealing with victims who were already in our database. We reached out to them. Everyone who was a victim and claimed compensation had submitted applications soon after the attack. There was wide publicity given at that time and the victims were identified also by the Divisional Secretaries. There were victims who had opted not to claim grants at the outset, and we did not pursue them.

Our database is not confined to one church or geographic location, but includes all victims including those affected by the attack at the Zion church in Batticaloa.

Q: Can you describe some of the features of your disbursement policy?

A: It is uploaded on our website but let me summarise. We identified the following support schemes to those who are victims due to the death of a parent or sibling or due to injury suffered by either a parent or is a direct victim of an injury –

· Grants to next of kin of deceased

· Grants to injured persons. We gave grants to those who had been medically certified to be permanently injured based on the degree of incapacity. We also wrote to all those temporarily injured to inquire if they had continuing medical needs. These requests supported by current medical reports are evaluated by a team of medical doctors who will recommend to us the degree of disability and the OR will make payments as per the scale we have identified.

· Grants to support secondary school education – 50 children were given grants to assist in defraying expenses to complete secondary school. All children are those who lost one or both parents or were direct victims who suffered serious injuries themselves.

· Grants to support Tertiary education – we have given grants to applicants who requested support. The OR is monitoring these grantees to ensure they stay on course and to provide support where needed. These grantees were also those who had lost one or both parents.

· Elders support – there are some elderly people who need support because someone they were dependent on, died in the attack. These are being considered.

· Entrepreneurship support – We will look at the feasibility of the identified project, the commitment to sustain a project and other relevant factors.

Q: There were other organisations that provided assistance. Did the OR consult those and take into account the relief provided by them?

A: No, we did not, for several reasons. Firstly, we proceeded on a needs-based approach and sought the information direct from each victim to assess their individual needs. We designed an Application Form for each scheme and distributed those. Also, no Organisation that has helped victims would have been willing to share that information with outside sources.

However, we worked closely with the office of His Eminence the Cardinal to share information that was useful to them and to us, to assess needs. They were also engaged in providing financial and other needs and so were we. So, we have an ongoing working arrangement and readily use each other’s information to ensure that the funds available are distributed in the most meaningful way to those most in need. That continues. They also know details of the circumstances of each victim engaged with their church and we find that information useful.

Q: Did the OR discuss the schemes with any other respondents?

A: Yes. We had a special meeting in January, 2025 to discuss these matters with representatives of the Bar Association of Sri Lanka and representatives of His Eminence the Cardinal. This meeting was held on an order given by the Supreme Court. Both parties were represented at that meeting and we had a detailed discussion at which documents containing our Disbursement Policy, the Schemes, the methodology adopted, and a summary of disbursements as at that time were shared with them. In our documents submitted to the Hon. Attorney General to be filed in court we reported that fact that the meeting was held. Both parties expressed their complete satisfaction with the manner in which we were handling the disbursements.

Q: How much money came into the Victim Fund and how much has been paid out?

A: A total of Rs. 311 million came into the Fund from the respondents. The sum of Rs. 245 million that was referred to in court was the sum paid out as at January 31, 2025 which was the date by which we submitted our reports to the Hon. Attorney General. We have paid out a larger sum now.

As at the end of February we have made grants amounting to Rs. 250,633,000 million which is 80 % of the Fund. We’re currently finalizing the payments to the injured in consultation with the team of doctors, and also looking at payments to elders who need support. We plan to complete all grants by the end of March, 2025.

Q: An issue that came up at the hearing on the 27th was that two counsel were not given copies of the detailed lists. Any comments on that?

A: Anything that will help them represent their clients best can be shared. I believe the Additional Solicitor General will now act on the court order.

Although the two counsel did not receive the lists, all details of the schemes, the manner of reaching out to victims and obtaining applications, etc., were discussed in detail at the January 2025 meeting attended by their juniors. There was plenty of opportunity to seek further clarifications if any were required.

It’s the policy of the OR to safeguard the privacy of the beneficiary. I’m sure Counsel will respect that, so we have no issue.

Continue Reading

Trending